SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Energy Investment Zone Act of 2009''. SEC. 2. INCREASE IN INCENTIVES RELATING TO ALTERNATIVE ENERGY PROPERTIES IN HIGH JOB-LOSS AREAS. (a) Investment Tax Credits (Other Than Qualified Facilities).-- Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Special rule for energy property located in high job-loss zones.-- ``(i) In general.--In the case of any energy property placed in service in a green energy investment zone after the date of the enactment of this subparagraph, subparagraph (A) shall be applied-- ``(I) by substituting `40 percent' for `30 percent' in clause (i) thereof, and ``(II) by substituting `20 percent' for `10 percent' in clause (ii) thereof. ``(ii) Green energy investment zone.--For purposes of paragraph (1), the term `green energy investment zone' means an eligible city located within a high job-loss metropolitan statistical area or a high job-loss micropolitan statistical area. ``(iii) Eligible city.--For purposes of clause (i)-- ``(I) Metropolitan statistical area.--The term `eligible city' means, with respect to a metropolitan statistical area, any city in such area which has a population of at least 50,000. ``(II) Micropolitan statistical area.--The term `eligible city' means, with respect to a micropolitan statistical area, any city in such area which has a population of at least 10,000. For purposes of this subparagraph, population shall be determined using the 2000 census. ``(D) High-job loss.--For purposes of subparagraph (C)-- ``(i) In general.--The term `high-job loss' with respect to a metropolitan or a micropolitan statistical area, as the case may be, means an area designated by the Secretary as being among the lowest \1/3\ of all metropolitan or micropolitan statistical areas, as the case may be, on the basis of-- ``(I) the economic conditions referred to in clause (ii), ``(II) the residential economic well-being factors referred to in clause (iii), and ``(III) a comparison of changes from 1990 and 2000 (on the basis of the 1990 and 2000 censuses) regarding-- ``(aa) employment, ``(bb) wages, ``(cc) gross metropolitan product or gross micropolitan product, as the case may be, and ``(dd) gross metropolitan product per job or gross micropolitan product per job, as the case may be. ``(ii) Economic conditions.--The economic conditions referred to in this clause are growth in-- ``(I) employment, ``(II) annual payroll, and ``(III) business establishments. ``(iii) Residential economic well-being factors.--The residential economic well-being factors referred to in the clause are-- ``(I) per capita income, ``(II) median household income, ``(III) poverty rate, ``(IV) unemployment rate, and ``(V) labor force participation rate.''. (b) Election To Treat Qualified Facilities as Energy Property.-- Paragraph (5) of section 48(a) of such Code is amended by adding at the end the following: ``(E) Special rule for facilities located in high job-loss zones.--In the case of any qualified investment credit facility placed in service in a green energy investment zone (as defined in paragraph (2)(C)(ii)) after the date of the enactment of this subparagraph, subparagraph (A) shall be applied by substituting `40 percent' for `30 percent' in clause (ii) thereof.''. (c) Electricity Produced From Certain Renewable Resources, etc.-- Section 45 of such Code is amended by adding at the end the following: ``(f) Special Rule for Facilities Located in High Job-Loss Zones.-- In the case of electricity produced by a qualified facility placed in service in a high job loss metropolitan statistical area or micropolitan statistical area after the date of the enactment of this subsection, the amount in effect under subsection (a)(1) for a taxable year (without regard to this subsection) shall be increased by 0.5 cents. For the preceding sentence, the term `high job loss' with respect to a metropolitan statistical area and a micropolitan statistical area has the meaning given such term by section 48(a)(2)(D).''. (d) Grants for Specified Energy Property In Lieu of Production Credit.--Subsection (b) of section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is amended by adding at the end the following new paragraph: ``(4) Special rule for specified energy property located in high job-loss zones.--In the case of any specified energy property placed in service in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this paragraph, paragraph (2) shall be applied-- ``(A) by substituting `40 percent' for `30 percent' in subparagraph (A) thereof, and ``(B) by substituting `20 percent' for `10 percent' in subparagraph (B) thereof.''. (e) Nonbusiness Energy Property.-- (1) In general.--Subsection (a) of section 25C of such Code is amended by adding at the end the following flush sentence: ``In the case of any such improvement or property which was manufactured in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the preceding sentence shall be applied by substituting `40 percent' for `30 percent'.''. (2) Increase in limitation.--Subsection (b) of section 25C of such Code is amended by striking ``$1,500'' and inserting ``$2,000''. (f) Residential Energy Efficient Property.-- (1) In general.--Subsection (a) of section 25D of such Code is amended by adding at the end the following flush sentence: ``In the case of property manufactured in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the preceding sentence shall be applied by substituting `40 percent' for `30 percent' each place it appears.''. (2) Increase in limitation.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``$500'' and inserting ``$750''. (g) Qualifying Advanced Energy Project Credit.--Paragraph (3) of section 48C(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following: ``(C) shall take into consideration whether the project is located in a green energy investment zone (as defined in section 48(a)(2)(C)(ii)).''. (h) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Increase in limitations.--The amendments made by subsections (e)(2) and (f)(2) shall apply to taxable years beginning after December 31, 2008.

Summary: Green Energy Investment Zone Act of 2009 - Amends the Internal Revenue Code to allow various energy-related tax credits for investment in energy property in high job-loss zones. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow increased grant amounts for investment in energy property in high job-loss zones.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Era Copyright Enhancement Act''. SEC. 2. FAIR USE. (a) Transmissions.--The first sentence of section 107 of title 17, United States Code, is amended by inserting after ``or by any other means specified in that section,'' the following: ``and by analog or digital transmission,''; and (b) Determination.--Section 107 of title 17, United States Code, is amended by adding at the end thereof the following: ``In making a determination concerning fair use, no independent weight shall be afforded to-- ``(1) the means by which the work has been performed, displayed or distributed under the authority of the copyright owner; or ``(2) the application of an effective technological measure (as defined under section 1201(c)) to the work.''. SEC. 3. LIBRARY/ARCHIVE EXEMPTIONS. Section 108 of title 17, United States Code, is amended-- (1) by striking ``Notwithstanding'' at the beginning of subsection (a) and inserting: ``Except as otherwise provided and notwithstanding''; (2) by inserting after ``copyright'' in subsection (a)(3): ``if such notice appears on the copy or phonorecord that is reproduced under the provisions of this section''; (3) in subsection (b) by-- (A) deleting ``a copy or phonorecord'' and inserting in lieu thereof: ``three copies or phonorecords''; and (B) deleting ``in facsimile form''; and (4) in subsection (c) by-- (A) deleting ``a copy or phonorecord'' and inserting in lieu thereof: ``three copies or phonorecords''; (B) deleting ``in facsimile form''; and (C) inserting ``or if the existing format in which the work is stored has become obsolete,'' after ``stolen,''. SEC. 4. FIRST SALE. Section 109 of title 17, United States Code, is amended by adding the following new subsection at the end thereof: ``(f) The authorization for use set forth in subsection (a) applies where the owner of a particular copy or phonorecord in a digital format lawfully made under this title, or any person authorized by such owner, performs, displays or distributes the work by means of transmission to a single recipient, if that person erases or destroys his or her copy or phonorecord at substantially the same time. The reproduction of the work, to the extent necessary for such performance, display, distribution, is not an infringement.''. SEC. 5. DISTANCE LEARNING. (a) Title Change.--The title of section 110 of title 17, United States Code, is amended to read as follows: ``Sec. 110. Limitations on exclusive rights: Exemption of certain activities''; (b) Performance, Display and Distribution of a Work.--Section 110(2) of title 17, United States Code, is amended to read as follows: ``(2) performance, display or distribution of a work, by or in the course of an analog or digital transmission, if-- ``(A) the performance, display or distribution is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; ``(B) the performance, display or distribution is directly related and of material assistance to the teaching content of the transmission; and ``(C) the work is provided for reception by-- ``(i) students officially enrolled in the course in connection with which it is provided; or ``(ii) officers or employees of governmental bodies as part of their official duties or employment;'' (c) Ephemeral Recordings of Works.--Section 112(b) of title 17, United States Code, is amended by deleting ``transmit a performance or display of'' and inserting in lieu thereof: ``perform, display or distribute''. SEC. 6. LIMITATIONS ON EXCLUSIVE RIGHTS. (a) Title.--The title of section 117 of title 17, United States Code, is amended to read as follows: ``Sec. Limitations on exclusive rights: Computer programs and digital copies''; (b) Digital Copies.--Section 117 of title 17, United States Code, is amended by inserting ``(a)'' before ``Notwithstanding'' and inserting the following as a new subsection (b): ``(b) Notwithstanding the provisions of section 106, it is not an infringement to make a copy of a work in a digital format if such copying-- ``(1) is incidental to the operation of a device in the course of the use of a work otherwise lawful under this title; and ``(2) does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.''. SEC. 7. PREEMPTION. Section 301(a) of title 17, United States Code, is amended by inserting the following at the end thereof: ``When a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any state to the extent that they-- ``(1) limit the reproduction, adaptation, distribution, performance, or display, by means of transmission or otherwise, of material that is uncopyrightable under section 102(b) or otherwise; or ``(2) abrogate or restrict the limitations on exclusive rights specified in sections 107 through 114 and sections 117 and 118 of this title.''. SEC. 8. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS. Title 17, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS ``Sec. ``1201. Circumvention of certain technological measures. ``1202. Integrity of copyright management information. ``1203. Civil remedies. ``Sec. 1201. Circumvention of certain technological measures ``(a) Circumvention Conduct.--No person, for the purpose of facilitating or engaging in an act of infringement, shall engage in conduct so as knowingly to remove, deactivate or otherwise circumvent the application or operation of any effective technological measure used by a copyright owner to preclude or limit reproduction of a work or a portion thereof. As used in this subsection, the term `conduct' does not include manufacturing, importing or distributing a device or a computer program. ``(b) Conduct Governed by Separate Chapter.--Notwithstanding subsection (a), this section shall not apply with respect to conduct or the offer or performance of a service governed by a separate chapter of this title. ``(c) Definition of Effective Technological Measure.--As used in this section, the term `effective technological measure' means a change in the data comprising a work or a copy of a work transmitted in digital format so as to protect the rights of a copyright owner of such work or portion thereof under this title and which-- ``(1) encrypts or scrambles the work or a portion thereof in the absence of information supplied by the copyright owner; or ``(2) includes attributes with respect to access or recording status that cannot be removed without degrading the work or a portion thereof. ``Sec. 1202. Integrity of copyright management information ``(a) False Copyright Management Information.--No person shall knowingly provide copyright management information that is false, or knowingly publicly distribute or import for distribution copyright management information that is false, with intent to induce, facilitate, or conceal infringement. ``(b) Removal or Alteration of Copyright Management Information.-- No person shall, without authority of the copyright owner or other lawful authority, knowingly and with intent to mislead or to induce or facilitate infringement-- ``(1) remove or alter any copyright management information; ``(2) publicly distribute or import for distribution a copy or phonorecord containing copyright management information that has been altered without authority of the copyright owner or other lawful authority; or ``(3) publicly distribute or import for distribution a copy or phonorecord from which copyright management information has been removed without authority of the copyright owner or other lawful authority: Provided, That the conduct governed by this subsection does not include the manufacturing, importing or distributing of a device. ``(c) Definition of Copyright Management Information.--As used in this chapter, the term `copyright management information' means the following information in electronic form as carried in or as data accompanying a copy or phonorecord of a work, including in digital form: ``(1) The title and other information identifying the work, including the information set forth in a notice of copyright; ``(2) The name and other identifying information of the author of the work; ``(3) The name and other identifying information of the copyright owner of the work, including the information set forth in a notice of copyright; ``(4) Terms and conditions for uses of the work; ``(5) Identifying numbers or symbols referring to such information or links to such information; and ``(6) Such other identifying information concerning the work as the Register of Copyrights may prescribe by regulation: Provided, That the term `copyright management information' does not include the information described in section 1002, section 1201(c), or a chapter of this title other than chapters one through nine of this title: Provided further, That, in order to assure privacy protection, the term `copyright management information' does not include any personally identifiable information relating to the user of a work, including but not limited to the name, account, address or other contact information of or pertaining to the user. ``Sec. 1203. Civil remedies ``(a) Civil Actions.--Any person aggrieved by a violation of section 1201(a) or 1202 may bring a civil action in an appropriate United States district court against any person for such violation. ``(b) Powers of the Court.--In an action brought under subsection (a), the court-- ``(1) may grant a temporary and a permanent injunction on such terms as it deems reasonable to prevent or restrain a violation; ``(2) may grant such other equitable relief as it deems appropriate; ``(3) may award damages pursuant to subsection (c); ``(4) may allow the recovery of costs by or against any party other than the United States or an officer thereof; and ``(5) may award a reasonable attorney's fee to the prevailing party. ``(c) Award of Damages.-- ``(1) In general.--If the court finds that a violation of section 1201(a) or 1202 has occurred, the complaining party may elect either actual damages as computed under paragraph (2) or statutory damages as computed under paragraph (3). ``(2) Actual damages.--The court may award to the complaining party the actual damages suffered by him or her as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages instead of statutory damages at any time before final judgment is entered. ``(3) Statutory damages.--(A) The court may award to the complaining party statutory damages for each violation of section 1201(a) of not less than $250 or more than $2,500, as the court considers just, if the complaining party elects such damages instead of actual damages at any time before final judgment is entered. ``(B) The court may award to the complaining party statutory damages for each violation of section 1202 of not less than $500 or more than $20,000, as the court considers just, if the complaining party elects such damages instead of actual damages at any time before final judgment is entered. ``(4) Repeated violations.--In any case in which the court finds that a person has violated section 1201(a) or 1202 within three years after a final judgment against that person for another such violation was entered, the court may increase the award of damaages to not more than double the amount that would otherwise be awarded under paragraph (2) or (3), as the court considers just. ``(5) Innocent violation.--The court may reduce or remit altogether the total award of damages that otherwise would be awarded under paragraph (2) or (3) in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation of section 1201(a) or 1202.''. SEC. 9. CONFORMING AMENDMENTS. ``(a) Table of Sections.--The table of sections for chapter 1 of title 17, United States Code, is amended by-- (1) Revising the item relating to section 110 to read as follows: ``110. Limitations on exclusive rights: Exemption of certain activities''; and (2) Revising the item relating to section 117 to read as follows: ``117. Limitations on exclusive rights: computer programs and digital copies''. ``(b) Table of Chapters.--The table of chapters for title 17, United States Code, is amended by adding at the end the following: ``12. Copyright Protection and Management Systems...... 1201''. SEC. 10. EFFECTIVE DATES. ``(a) In General.--Sections one through seven and section 9(a) of this Act, and the amendments made by sections one through seven and section 9(a) of this Act, shall take effect on the date of enactment of this Act. ``(b) WIPO Treaties.--Section 8 and section 9(b) of this Act, and the amendments made by section 8 and section 9(b) of this Act, shall take effect on the date on which both the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty have entered into force with respect to the United States.

Summary: Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives Limitations Act of 1995''. SEC. 2. INSURED DEPOSITORY INSTITUTIONS. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 45. DERIVATIVE INSTRUMENTS. ``(a) Derivatives Activities.-- ``(1) General prohibition.--Except as provided in paragraph (2), neither an insured depository institution, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that institution or affiliate. ``(2) Exceptions.-- ``(A) Hedging transactions.--An insured depository institution may purchase, sell, or engage in hedging transactions to the extent that such activities are approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(B) Separately capitalized affiliate.--A separately capitalized affiliate of an insured depository institution that is not itself an insured depository institution may purchase, sell, or engage in a transaction involving a derivative financial instrument if such affiliate complies with all rules, regulations, or orders of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(C) De minimis interests.--An insured depository institution may purchase, sell, or engage in transactions involving de minimis interests in derivative financial instruments for the account of that institution to the extent that such activity is defined and approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(D) Existing interests.--During the 3-month period beginning on the date of enactment of this section, nothing in this section shall be construed-- ``(i) as affecting an interest of an insured depository institution in any derivative financial instrument that existed on the date of enactment of this section; or ``(ii) as restricting the ability of the institution to acquire reasonably related interests in other derivative financial instruments for the purpose of resolving or terminating an interest of the institution in any derivative financial instrument that existed on the date of enactment of this section. ``(3) Issuance of rules, regulations, and orders.--The appropriate Federal banking agency shall issue appropriate rules, regulations, and orders governing the exceptions provided for in paragraph (2), including-- ``(A) appropriate public notice requirements; ``(B) a requirement that any affiliate described in paragraph (2)(B) shall clearly and conspicuously notify the public that none of the assets of the affiliate, nor the risk of loss associated with the transaction involving a derivative financial instrument, are insured under Federal law or otherwise guaranteed by the Federal Government or the parent company of the affiliate; and ``(C) any other requirements that the appropriate Federal banking agency considers to be appropriate. ``(b) Definitions.--For purposes of this section-- ``(1) the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as defined in section 11(e)(8)); and ``(B) any other instrument that an appropriate Federal banking agency determines, by regulation or order, to be a derivative financial instrument for purposes of this section; and ``(2) the term `hedging transaction' means any transaction involving a derivative financial instrument if-- ``(A) such transaction is entered into in the normal course of the institution's business primarily-- ``(i) to reduce risk of price change or currency fluctuations with respect to property that is held or to be held by the institution; or ``(ii) to reduce risk of interest rate or price changes or currency fluctuations with respect to loans or other investments made or to be made, or obligations incurred or to be incurred, by the institution; and ``(B) before the close of the day on which such transaction was entered into (or such earlier time as the appropriate Federal banking agency may prescribe by regulation), the institution clearly identifies such transaction as a hedging transaction.''. SEC. 3. INSURED CREDIT UNIONS. Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 215. DERIVATIVE INSTRUMENTS. ``(a) Derivative Activities.--Except as provided in subsection (b), neither an insured credit union, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument. ``(b) Applicability of Section 44 of the Federal Deposit Insurance Act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to insured credit unions and affiliates thereof and to the Board in the same manner that such section applies to insured depository institutions and affiliates thereof (as those terms are defined in section 3 of that Act) and shall be enforceable by the Board with respect to insured credit unions and affiliates under this Act. ``(c) Derivative Financial Instrument.--For purposes of this section, the term `derivative financial instrument' means-- ``(1) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as such term is defined in section 207(c)(8)(D)); and ``(2) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this section.''. SEC. 4. BANK HOLDING COMPANIES. Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842) is amended by adding at the end the following new subsection: ``(h) Derivatives Activities.-- ``(1) In general.--A subsidiary of a bank holding company may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that subsidiary if that subsidiary-- ``(A) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(B) is separately capitalized from any affiliated insured depository institution. ``(2) Applicability of section 44 of the federal deposit insurance act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to bank holding companies and the Board in the same manner that those subsections apply to an insured depository institution (as such term is defined in section 3 of that Act) and shall be enforceable by the Board with respect to bank holding companies under this Act. ``(3) Derivative financial instrument.--For purposes of this subsection, the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as such term is defined in section 207(c)(8)(D)); and ``(B) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this subsection.''.

Summary: Derivatives Limitations Act of 1995 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution (and any affiliate) from engaging in any transaction involving a derivative financial instrument either for its own account, or that of an affiliate. Permits exceptions for: (1) hedging transactions; (2) a separately capitalized affiliate (not itself an insured depository insitution) of an insured depository institution; and (3) transactions involving de minimis interest in derivative financial instruments sanctioned by a Federal banking regulatory agency. Requires the appropriate Federal banking agency to promulgate rules governing such exceptions. Amends the Federal Credit Union Act to prohibit an insured credit union and any affiliates from engaging in derivative financial instruments transactions. Subjects credit unions and their affiliates to the interstate bank merger provisions of the Federal Deposit Insurance Act. Amends the Bank Holding Company Act of 1956 to allow a bank holding company subsidiary to engage in derivative financial instrument transactions for its own account if it: (1) is not an insured depository institution or a subsidiary of one; and (2) is separately capitalized from any affiliated insured depository institution. Subjects bank holding companies to the interstate bank merger provisions of the Federal Deposit Insurance Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Security Vetting for Aviation Workers Act of 2015''. SEC. 2. AVIATION SECURITY. (a) In General.--Subtitle A of title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section 1601 the following new section: ``SEC. 1602. VETTING OF AVIATION WORKERS. ``(a) In General.--By not later than December 31, 2015, the Administrator, in coordination with the Assistant Secretary for Policy of the Department, shall request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment (TIDE) data and any or other terrorism-related information to improve the effectiveness of the Administration's credential vetting program for individuals with unescorted access to sensitive areas of airports. ``(b) Security Inspection.--By not later than December 31, 2015, the Administrator shall issue guidance for Transportation Security Inspectors to annually review airport badging office procedures for applicants seeking access to sensitive areas of airports. Such guidance shall include a comprehensive review of applicants' Criminal History Records Check (CHRC) and work authorization documentation during the course of an inspection. ``(c) Information Sharing.--By not later than December 31, 2015, the Administrator may conduct a pilot program of the Rap Back Service, in coordination with the Director of the Federal Bureau of Investigation, to determine the feasibility of full implementation of a service through which the Administrator would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive areas of airports across eligible Administration-regulated populations. ``(d) Procedures.--The pilot program under subsection (c) shall evaluate whether information can be narrowly tailored to ensure that the Administrator only receives notification of a change with respect to a disqualifying offense under the credential vetting program under subsection (a), as specified in 49 CFR 1542.209, and in a manner that complies with current regulations for fingerprint-based criminal history records checks. The pilot program shall be carried out in a manner so as to ensure that, in the event that notification is made through the Rap Back Service of a change but a determination of arrest status or conviction is in question, the matter will be handled in a manner that is consistent with current regulations. The pilot program shall also be carried out in a manner that is consistent with current regulations governing an investigation of arrest status, correction of Federal Bureau of Investigation records and notification of disqualification, and corrective action by the individual who is the subject of an inquiry. ``(e) Determination and Submission.--If the Administrator determines that full implementation of the Rap Back Service is feasible and can be carried out in a manner that is consistent with current regulations for fingerprint-based criminal history checks, including the rights of individuals seeking credentials, the Administrator shall submit such determination, in writing, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, together with information on the costs associated with such implementation, including the costs incurred by the private sector. In preparing this determination, the Administrator shall consult with the Chief Civil Rights and Civil Liberties Officer of the Department to ensure that protocols are in place to align the period of retention of personally identifiable information and biometric information, including fingerprints, in the Rap Back Service with the period in which the individual who is the subject of an inquiry has a valid credential. ``(f) Credential Security.--By not later than September 30, 2015, the Administrator shall issue guidance to airports mandating that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States. ``(g) Aviation Worker Lawful Status.--By not later than December 31, 2015, the Administrator shall review the denial of credentials due to issues associated with determining an applicant's lawful status in order to identify airports with specific weaknesses and shall coordinate with such airports to mutually address such weaknesses, as appropriate. ``(h) Reports to Congress.--Upon completion of the determinations and reviews required under this section, the Administrator shall brief the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the results of such determinations and reviews.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1601 the following new item: ``Sec. 1602. Vetting of aviation workers.''. SEC. 3. STATUS UPDATE ON RAP BACK SERVICE PILOT PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of plans to conduct a pilot program in coordination with the Federal Bureau of Investigation of the Rap Back Service in accordance with subsection (c) of section 1602 of the Homeland Security Act of 2002, as added by section 2 of this Act. The report shall include details on the business, technical, and resource requirements for the Transportation Security Administration and pilot program participants, and provide a timeline and goals for the pilot program. Passed the House of Representatives July 27, 2015. Attest: KAREN L. HAAS, Clerk.

Summary: Improved Security Vetting for Aviation Workers Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 todirect the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), by December 31, 2015, in coordination with the DHS Assistant Secretary for Policy, to request from the Director of National Intelligence access to additional data from the Terrorist Identities Datamart Environment data and any or other terrorism-related information to improve the effectiveness of TSA's credential vetting program for individuals with unescorted access to sensitive areas of airports. The TSA, by the same deadline, shall: issue guidance for Transportation Security Inspectors to review annually airport badging office procedures for applicants seeking access to sensitive airport areas, including a comprehensive review of applicants' Criminal History Records Check and work authorization documentation during the course of an inspection; issue guidance to airports requiring that all federalized airport badging authorities place an expiration date on airport credentials commensurate with the period of time during which an individual is lawfully authorized to work in the United States; and review the denial of credentials owing to an applicants's lawful status in order to identify airports with specific weaknesses and coordinate with them to address such weaknesses. The TSA may conduct a Rap Back Service pilot program, in coordination with the Federal Bureau of Investigation (FBI), to determine the feasibility of full implementation of a service through which the TSA would be notified of a change in status of an individual holding a valid credential granting unescorted access to sensitive airport areas across eligible TSA-regulated populations. (The FBI Rap Back Service notifies authorized agencies of criminal, and, in limited cases, civil activity of individuals that occurs after the initial processing and retention of criminal or civil transactions.) Certain pilot program procedures are prescribed regarding notification only of a change with respect to a disqualifying offense under the credential vetting program. (Sec. 3) The TSA, within 60 days after enactment of this Act, shall report to Congress on the status of plans to conduct the Rap Back Service pilot program.


SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE EXECUTIVE BRANCH. (a) Executive Schedule Pay Rates.-- (1) In general.--Section 5318 of title 5, United States Code, is amended-- (A) by redesignating subsection (a) as subsection (a)(1) and subsection (b) as paragraph (2); and (B) by adding at the end the following: ``(b)(1)(A) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which any comparability payment becomes payable under section 5304 or 5304a with respect to General Schedule employees within the District of Columbia during any year, the annual rate of pay for positions at each level of the Executive Schedule (exclusive of any previous adjustment under this subsection) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next highest multiple of $100) equal to the percentage of such annual rate of pay which corresponds to the percentage adjustment becoming so payable with respect to General Schedule employees within the District of Columbia under such section 5304 or 5304a (as applicable). ``(B) If an adjustment under this subsection is scheduled to take effect on the same date as an adjustment under subsection (a), the adjustment under subsection (a) shall be made first. ``(2) An annual rate of pay, as adjusted under paragraph (1), shall for all purposes be treated as the annual rate of pay for the positions involved, except as otherwise provided in subsection (a), paragraph (1), or any other provision of law. ``(3) Nothing in this subsection shall be considered to permit or require the continuation of an adjustment under paragraph (1) after the comparability payment (for General Schedule employees within the District of Columbia) on which it was based has been terminated or superseded.''. (2) Contract appeals board members.--Section 5372a of title 5, United States Code, is amended-- (A) in subsection (b)(2) by striking ``97 percent of the rate under paragraph (1)'' and inserting ``no less than 97 percent of the rate under paragraph (1)''; (B) in subsection (b)(3) by striking ``94 percent of the rate under paragraph (1)'' and inserting ``no less than 94 percent of the rate under paragraph (1)''; and (C) by adding at the end the following: ``(d) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for contract appeals board members shall be adjusted by an amount determined by the President to be appropriate.''. (3) Conforming amendments.--Section 5318 of title 5, United States Code, is amended-- (A) in the first sentence of subsection (a)(1) (as redesignated)-- (i) by striking ``Subject to subsection (b),'' and inserting ``Subject to paragraph (2),''; and (ii) by inserting ``(exclusive of any previous adjustment under subsection (b))'' after ``Executive Schedule''; and (B) in subsection (a)(2) (as redesignated), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Amendments Relating to Certain Limitation and Other Provisions.-- (1) Provisions to be applied by excluding executive schedule comparability adjustment.--Sections 5303(f), 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States Code, are each amended by inserting ``, exclusive of any adjustment under section 5318(b)'' after ``Executive Schedule''. (2) Limitation on certain payments.--Section 5307(a) of title 5, United States Code, is amended by adding at the end the following: ``(3) In the case of an employee who is receiving basic pay under section 5372a, 5376, or 5383, paragraph (1) shall be applied by substituting `the annual rate of salary of the Vice President of the United States' for `the annual rate of basic pay payable for level I of the Executive Schedule'. Regulations under subsection (c) may extend the application of the preceding sentence to other equivalent categories of employees.''. (3) References to level iv of the executive schedule.-- Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) of title 5, United States Code, are each amended by striking ``level IV'' each place it appears and inserting ``level III''. SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE JUDICIAL BRANCH. (a) Increase in Maximum Rates of Basic Pay Allowable.-- (1) For positions covered by section 604(a)(5) of title 28, united states code.--Section 604(a)(5) of title 28, United States Code, is amended by striking ``by law'' and inserting ``by law (except that the rate of basic pay fixed under this paragraph for any such employee may not exceed the rate for level IV of the Executive Schedule)''. (2) For circuit executives.--Section 332(f)(1) of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule pay rates under section 5315'' and inserting ``level III of the Executive Schedule pay rates under section 5314''. (3) For personnel of the administrative office of the united states courts.-- (A) In general.--Section 3(a) of the Administrative Office of the United States Courts Personnel Act of 1990 (28 U.S.C. 602 note) is amended-- (i) in paragraph (1), by striking ``level V'' and inserting ``level IV''; and (ii) in paragraph (10), by striking ``level IV'' and inserting ``level III''. (B) Provisions relating to certain additional positions.--Section 603 of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule under section 5315'' and inserting ``level III of the Executive Schedule under section 5314''. (b) Salary of the Director of the Administrative Office of the United States Courts.--Section 603 of title 28, United States Code, is amended by striking ``district'' and inserting ``circuit''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to pay periods beginning on or after the date of enactment of this Act.

Summary: Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment payable to such General Schedule employees.Revises the rate of basic pay for the Vice Chairman and other members of the Contract Appeals Board. Adjusts such pay rate after each adjustment under the General Schedule.Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to contract appeals board members, certain senior-level employees, and individual senior executives.Increases: (1) the rate of basic pay payable for certain executive schedule positions; and (2) the highest rate of basic pay payable for the Senior Executive Service.Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the U.S. Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit (currently, district) judge.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Forestry Participation and Protection Act of 2016''. SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP END RESULT CONTRACTING AND OTHER AUTHORITIES. (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended-- (1) in paragraph (1), by striking ``Not later than 120 days after the date on which an Indian tribe submits to the Secretary'' and inserting ``In response to the submission by an Indian tribe to the Secretary of''; and (2) by adding at the end the following: ``(4) Time periods for consideration.-- ``(A) Initial response.--Not later than 90 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding whether the request may meet the selection criteria described in subsection (c). ``(B) Notice of denial.--A notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided to the Indian tribe by not later than 1 year after the date on which the Secretary receives the request. ``(C) Completion.--Not later than 2 years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall-- ``(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and ``(ii) enter into the agreement or contract with the Indian tribe in accordance with paragraph (2).''. (b) Conforming and Technical Amendments.--Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended-- (1) in subsections (b)(1) and (f)(1), by striking ``section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105- 277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))'' each place it appears and inserting ``section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``subsection (b)(1), the Secretary may'' and inserting ``paragraphs (1) and (4)(B) of subsection (b), the Secretary shall''. SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY INDIAN TRIBES. (a) In General.--Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 3104) is amended by adding at the end the following: ``(c) Inclusion of Certain National Forest System Land and Public Land.-- ``(1) Purposes.--The purposes of this subsection are-- ``(A) to maximize the effective management of Federal forest land and to assist in the restoration of that land in accordance with the principles of sustained yield; and ``(B) to reduce insect, disease, or wildfire risk to communities, municipal water supplies, and other at- risk Federal land by providing for the implementation by Indian tribes of forest restoration projects. ``(2) Definitions.--In this subsection: ``(A) Federal forest land.-- ``(i) In general.--The term `Federal forest land' means-- ``(I) National Forest System land; and ``(II) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including-- ``(aa) Coos Bay Wagon Road Grant land reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and ``(bb) Oregon and California Railroad Grant land. ``(ii) Exclusions.--The term `Federal forest land' does not include-- ``(I) a component of the National Wilderness Preservation System; ``(II) a component of the National Wild and Scenic Rivers System; ``(III) a congressionally designated wilderness study area; or ``(IV) an inventoried roadless area within the National Forest System. ``(B) Forest land management activities.--The term `forest land management activities' means activities performed in the management of Indian forest land described in subparagraphs (C), (D), and (E) of section 304(4). ``(C) Secretary concerned.--The term `Secretary concerned' means-- ``(i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i)(I); and ``(ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(i)(II). ``(3) Authority.-- ``(A) In general.--At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographical area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land-- ``(i) ceded to the United States by treaty or other agreement with that Indian tribe; ``(ii) within the boundaries of a current or former reservation of that Indian tribe; or ``(iii) adjudicated by the Indian Claims Commission or a Federal court to be the tribal homeland of that Indian tribe. ``(B) Management.--Federal forest land treated as Indian forest land for purposes of planning and conducting management activities pursuant to subparagraph (A) shall-- ``(i) be managed exclusively under this Act; and ``(ii) remain under the ownership of the Federal agency that owned the Federal forest land on the day before the date of enactment of this subsection. ``(4) Requirements.--As part of an agreement to treat Federal forest land as Indian forest land under paragraph (3), the Secretary concerned and the Indian tribe making the request shall-- ``(A) provide for continued public access and recreation applicable to the Federal forest land as in existence prior to the agreement, except that the Secretary concerned may limit or prohibit that access only for the purpose of-- ``(i) protecting human safety; or ``(ii) preventing harm to natural resources; ``(B) continue sharing revenue generated by the Federal forest land with State and local governments on the terms applicable to the Federal forest land prior to the agreement, including, as applicable-- ``(i) 25-percent payments under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.); or ``(ii) 50-percent payments under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.); ``(C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; ``(D) recognize all right-of-way agreements in place on Federal forest land as in existence prior to the commencement of tribal management activities; ``(E) ensure that any county road within the Federal forest land as in existence prior to the agreement is not adversely impacted; and ``(F) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis. ``(5) Prompt consideration of tribal requests.--Not later than 180 days after the date on which the Secretary receives a request from an Indian tribe under paragraph (3)(A), the Secretary shall-- ``(A) approve or deny the request; and ``(B) if the Secretary approves the request, begin exercising the authority under that paragraph. ``(6) Consultation.--To the extent consistent with the laws governing the administration of public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the Secretary concerned shall consult with each State and unit of local government within which Federal forest land is located-- ``(A) before entering into an agreement to treat the Federal forest land as Indian forest land under paragraph (3); and ``(B) with respect to an agreement described in subparagraph (A), in planning and conducting forest land management activities under this section. ``(7) Forest management plans.--All forest land management activities under this subsection on National Forest System land shall be consistent with the applicable forest plan. ``(8) Limitations.--The treatment of Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (3)-- ``(A) shall not be considered to designate the Federal forest land as Indian forest land for any other purpose; and ``(B) shall be in accordance with all relevant Federal laws applicable to Federal forest land, including-- ``(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(iv) the Clean Air Act (42 U.S.C. 7401 et seq.). ``(9) Applicability of nepa.--The execution of, but not the decision to enter into, an agreement to treat Federal forest land as Indian forest land under paragraph (3) shall constitute a Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(10) Termination of authority.--The authority provided by this subsection terminates on the date that is 10 years after the date of enactment of this subsection.''. (b) Effect.--Nothing in this section or an amendment made by this section-- (1) prohibits, restricts, or otherwise adversely affects any permit, lease, or similar agreement in effect on or after the date of enactment of this Act for the use of Federal land for the purpose of recreation, utilities, logging, mining, oil, gas, grazing, water rights, or any other purpose; (2) negatively impacts private land; or (3) prohibits, restricts, or otherwise adversely affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate under State law fish and wildlife on land or in water in the State, including on Federal public land. SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects pursuant to which federally recognized Indian tribes or tribal organizations may enter into contracts to carry out administrative, management, and other functions under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). SEC. 5. FUNDING. The Secretary of the Interior and the Secretary of Agriculture shall use to carry out this Act and amendments made by this Act such amounts as are necessary from other amounts available to the Secretary of the Interior or the Secretary of Agriculture, respectively, that are not otherwise obligated.

Summary: Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 and the National Indian Forest Resources Management Act to establish: a timeframe for consideration of tribal requests to protect Indian forest land or rangeland; a tribal forest management demonstration project; and pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes of specified land management activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Medicaid Responsibility Exchange Act of 1994''. SEC. 2. EXCHANGE OF FINANCIAL RESPONSIBILITIES FOR CERTAIN WELFARE PROGRAMS AND THE MEDICAID PROGRAM. (a) In General.--In exchange for the Federal funds received by a State under section 3 for fiscal years 1996, 1997, 1998, 1999, and 2000 such State shall provide cash and non-cash assistance to low income individuals in accordance with subsection (b). (b) Requirement To Provide a Certain Level of Low Income Assistance.-- (1) In general.--The amount of cash and non-cash assistance provided to low income individuals by a State for any quarter during fiscal years 1996, 1997, 1998, 1999, and 2000 shall not be less than the sum of-- (A) the amount determined under paragraph (2); and (B) the amount determined under paragraph (3). (2) Maintenance of effort with respect to federal programs terminated.-- (A) Quarter beginning october 1, 1995.--The amount determined under this paragraph for the quarter beginning October 1, 1995, is an amount equal to the sum of-- (i) one-quarter of the base expenditures determined under subparagraph (C) for the State, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) for the preceding quarter, and (iii) the amount that the Federal Government and the State would have expended in the State in the quarter under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (B) Succeeding quarters.--The amount determined under this paragraph for any quarter beginning on or after January 1, 1996, is an amount equal to the sum of-- (i) the amount expended by the State under subsection (a) in the preceding quarter, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) for the preceding quarter, and (iii) the amount that the Federal Government and the State would have expended in the State in the quarter under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (C) Determination of base amount.--The Secretary of Health and Human Services, in cooperation with the Secretary of Agriculture, shall calculate for each State an amount equal to the total Federal and State expenditures for administering and providing-- (i) aid to families with dependent children under a State plan under title IV of the Social Security Act (42 U.S.C. 601 et seq.), (ii) benefits under the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including benefits provided under section 19 of such Act (7 U.S.C. 2028), and (iii) benefits under the special supplemental program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), for the State during the 12-month period beginning on July 1, 1994. (3) Maintenance of effort with respect to state programs.-- The amount determined under this paragraph for a quarter is the amount of State expenditures for such quarter required to maintain State programs providing cash and non-cash assistance to low income individuals as such programs were in effect during the 12-month period beginning on July 1, 1994. SEC. 3. PAYMENTS TO STATES. (a) In General.--The Secretary of Health and Human Services shall make quarterly payments to each State during fiscal years 1996, 1997, 1998, 1999, and 2000 in an amount equal to one-quarter of the amount determined under subsection (b) for the applicable fiscal year and such amount shall be used for the purposes described in subsection (c). (b) Payment Equivalent to Federal Welfare Savings.-- (1) In general.--The amount available to be paid to a State for a fiscal year shall be an amount equal to the amount calculated under paragraph (2) for the State. (2) Amounts available.-- (A) Fiscal year 1996.--In fiscal year 1996, the amount available under this subsection for a State is equal to the sum of-- (i) the base amount determined under paragraph (3) for the State, (ii) the product of the amount determined under clause (i) and the increase in the consumer price index (for all urban consumers, United States city average) for the 12-month period described in paragraph (3), and (iii) the amount that the Federal Government and the State would have expended in the State in fiscal year 1996 under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (B) Succeeding fiscal years.--In any succeeding fiscal year, the amount available under this subsection for a State is equal to the sum of-- (i) the amount determined under this paragraph for the State in the previous fiscal year, (ii) the product of the amount determined under clause (i) and the estimated increase in the consumer price index (for all urban consumers, United States city average) during the previous fiscal year, and (iii) the amount that the Federal Government and the State would have expended in the State in the fiscal year under the programs terminated under section 4 solely by reason of the increase in recipients which the Secretary of Health and Human Services and the Secretary of Agriculture estimate would have occurred if such programs had not been terminated. (3) Determination of base amount.--The Secretary of Health and Human Services, in cooperation with the Secretary of Agriculture, shall calculate the amount that the Federal Government expended for administering and providing-- (A) aid to families with dependent children under a State plan under title IV of the Social Security Act (42 U.S.C. 601 et seq.), (B) benefits under the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including benefits provided under section 19 of such Act (7 U.S.C. 2028), and (C) benefits under the special supplemental program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), in each State during the 12-month period beginning on July 1, 1994. (c) Purposes for Which Amounts May Be Expended.-- (1) Medicaid program.-- (A) In general.--Notwithstanding any other provision of law, during fiscal years 1996, 1997, 1998, 1999, and 2000 a State shall-- (i) except as provided in subparagraph (B), provide medical assistance under title XIX of the Social Security Act in accordance with the terms of the State's plan in effect on January 1, 1994, and (ii) use the funds it receives under this section toward the State's financial participation for expenditures made under the plan. (B) Changes in eligibility during fiscal years 1998, 1999, and 2000.--During fiscal years 1998, 1999, and 2000, a State may change State plan requirements relating to eligibility for medical assistance under title XIX of the Social Security Act if the aggregate expenditures under such State plan for the fiscal year do not exceed the amount that would have been spent if a State plan described in subparagraph (A)(i) had been in effect during such fiscal year. (C) Waiver of requirements.--The Secretary of Health and Human Services may grant a waiver of the requirements under subparagraphs (A)(i) and (B) if a State makes an adequate showing of need in a waiver application submitted in such manner as the Secretary determines appropriate. (2) Excess.--A State that receives funds under this section that are in excess of the State's financial participation for expenditures made under the State plan for medical assistance under title XIX of the Social Security Act shall use such excess funds to provide cash and non-cash assistance for low income families. (d) Denial of Payments for Failure To Maintain Effort.--No payment shall be made under subsection (a) for a quarter if a State fails to comply with the requirements of section 2(b) for the preceding quarter. (e) Entitlement.--This section constitutes budget authority in advance of appropriations Acts, and represents the obligation of the Federal Government to provide the payments described in subsection (a). SEC. 4. TERMINATION OF CERTAIN FEDERAL WELFARE PROGRAMS. (a) Termination.-- (1) AFDC.--Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding at the end the following new section: ``termination of authority ``Sec. 418. The authority provided by this part shall terminate on October 1, 1995.''. (2) JOBS.--Part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.) is amended by adding at the end the following new section: ``termination of authority ``Sec. 488. The authority provided by this part shall terminate on October 1, 1995.''. (3) Special supplemental food program for women, infants, and children (WIC).--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: ``(q) The authority provided by this section shall terminate on October 1, 1995.''. (4) Food stamp program.--The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following new section: ``SEC. 24. TERMINATION OF AUTHORITY. ``The authority provided by this Act shall terminate on October 1, 1995.''. (b) References in Other Laws.-- (1) In general.--Any reference in any law, regulation, document, paper, or other record of the United States to any provision that has been terminated by reason of the amendments made in subsection (a) shall, unless the context otherwise requires, be considered to be a reference to such provision, as in effect immediately before the date of the enactment of this Act. (2) State plans.--Any reference in any law, regulation, document, paper, or other record of the United States to a State plan that has been terminated by reason of the amendments made in subsection (a), shall, unless the context otherwise requires, be considered to be a reference to such plan as in effect immediately before the date of the enactment of this Act. SEC. 5. FEDERALIZATION OF THE MEDICAID PROGRAM. Beginning on October 1, 2000-- (1) each State with a State plan approved under title XIX of the Social Security Act shall be relieved of administrative or financial responsibility for the medicaid program under such title of such Act, (2) the Secretary of Health and Human Services shall assume such responsibilities and continue to conduct such program in a State in any manner determined appropriate by the Secretary that is in accordance with the provisions of title XIX of the Social Security Act, and (3) all expenditures for the program as conducted by the Secretary shall be paid by Federal funds. SEC. 6. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR TECHNICAL AND CONFORMING AMENDMENTS. The Secretary of Health and Human Services shall, within 90 days after the date of enactment of this Act, submit to the appropriate committees of Congress, a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of this Act.

Summary: Welfare and Medicaid Responsibility Exchange Act of 1994 - Provides for the termination of AFDC (Aid to Families with Dependent Children), JOBS (Job Opportunities and Basic Skills Training Program), WIC (Special Supplemental Food Program for Women, Infants, and Children), and food stamp programs after FY 1995, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such assistance paid for out of a reduction in the State's share of Medicaid funding equivalent to the Federal welfare savings. Federalizes the Medicaid program after FY 2000, relieving States of their administrative or financial responsibility for it.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Justice Outreach Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COORDINATED OUTREACH FOR JUSTICE-INVOLVED VETERANS AT RISK OF HOMELESSNESS. (a) Program Required.-- (1) In general.--Subchapter III of chapter 20 of title 38, United States Code, is amended-- (A) by redesignating sections 2022 and 2023 as sections 2023 and 2024, respectively; and (B) by inserting after section 2021A the following new section 2022: ``Sec. 2022. Coordination of outreach for justice-involved veterans at risk of homelessness ``(a) Program Required.--The Secretary shall carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. ``(b) Partnership.--The Secretary shall carry out the program required by subsection (a) in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. ``(c) Authorized Activities.--In carrying out the program required by subsection (a), the Secretary may conduct the following: ``(1) Training for police, prosecutors, courts, public defenders, and other community-based support organizations on matters relating to psychological trauma associated with military service and mental health and substance abuse services available from the Department. ``(2) Support for courts and their officers, including physical presence in the courtroom setting, by facilitating mental health assessments, treatment planning, referrals to Department services, or such other services as may be requested by the courts. ``(3) Such other outreach and assistance as the Secretary considers appropriate for the provision of support described in subsection (a). ``(d) Justice Outreach Coordinators.--(1) In order to effectively assist veterans in contact with the criminal justice system, the Secretary shall establish coordinators to provide outreach under the program required by subsection (a). ``(2) The Secretary shall ensure that each coordinator established under paragraph (1) is knowledgeable about psychological and psychiatric evaluation in relation to justice-based forensic matters, such as-- ``(A) psychiatric diagnosis; ``(B) developmental disabilities; ``(C) medical issues, such as traumatic brain injury; ``(D) competency and sanity; ``(E) neglect and abuse; ``(F) parental rights; and ``(G) life threatening issues, such as suicidality and homicidally. ``(e) Veteran in Contact With the Criminal Justice System Defined.--In this section, the term `veteran in contact with the criminal justice system' includes the following: ``(1) A veteran in contact with local law enforcement who can be appropriately diverted from arrest to mental health treatment. ``(2) A veteran in local jail either pretrial or serving a sentence. ``(3) A veteran in adjudication or monitoring by a court.''. (2) Conforming amendment.--Section 2023(f) of such title, as redesignated by paragraph (1)(A), is amended in paragraphs (2)(C) and (3)(C) by striking ``section 2023'' both places it appears and inserting ``section 2024''. (3) Clerical amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the items relating to sections 2022 and 2023 and inserting the following new items: ``2022. Coordination of outreach for justice-involved veterans at risk of homelessness. ``2023. Coordination of outreach services for veterans at risk of homelessness. ``2024. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.''. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the program carried out under section 2022(a) of such title, as added by subsection (a)(1). (2) Contents.--The report submitted under paragraph (1) shall include an assessment of the following: (A) The number of coordinators established under section 2022(d)(1) of such title, as added by subsection (a)(1). (B) The training of such coordinators. (C) The capabilities of such coordinators. (D) The capacity of the program carried out under section 2022(a) of such title, as so added, to meet the demand of veterans and courts for services under the program.

Summary: Veterans Justice Outreach Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. The program shall be carried out in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. The VA shall establish coordinators to provide program outreach.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Biodiesel Promotion and Quality Assurance Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) the promotion of the biodiesel industry of the United States is a critical component of an energy policy that reduces dependence on foreign sources of petroleum; (2) a strong biodiesel industry will-- (A) significantly enhance the energy security of the United States; and (B) promote economic development and job creation (particularly in rural areas of the United States), while providing environmental, health, and greenhouse gas reduction benefits; (3) a federally-implemented biodiesel standard will result in the most efficient pricing for biodiesel across the United States; (4) it is critical to ensure that only high quality biodiesel is dispensed; (5) biodiesel contributes to cleaner air and lifecycle reductions of greenhouse gases; (6) biodiesel is an environmentally safe fuel, and is the most viable transportation fuel when measuring its carbon footprint, life cycle and energy balance; (7) the United States Department of Agriculture lifecycle study shows a 78.4 percent reduction in lifecycle CO2 for B100; (8) 1 billion gallons of biodiesel will reduce current life cycle greenhouse gas emissions by 16.12 billion pounds, the equivalent of removing 1.4 million passenger vehicles from America's roads; and (9) in 2006 alone, biodiesel's contribution to reducing greenhouse gas emissions was equal to removing 350,000 passenger vehicles from America's roads. SEC. 3. BIODIESEL FUEL STANDARD. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (o) the following: ``(p) Biodiesel Fuel.-- ``(1) Definitions.--In this subsection: ``(A) ASTM.--The term `ASTM' means the American Society of Testing and Materials. ``(B) Bio-based diesel replacement.--The term `bio- based diesel replacement' means any type of bio-based renewable fuel derived from plant or animal matter that-- ``(i) may be used as a substitute for standard diesel fuel; and ``(ii) meets-- ``(I) the registration requirements for fuels and fuel additives under this section; and ``(II) the requirements of applicable ASTM standards. ``(C) Biodiesel.-- ``(i) In general.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet-- ``(I) the registration requirements for fuels and fuel additives under this section; and ``(II) the requirements of ASTM standard D6751. ``(ii) Inclusion.--For the purpose of measuring the applicable volume of the biodiesel fuel standard under paragraph (2), the term `biodiesel' includes any bio-based diesel replacement that meets-- ``(I) applicable registration requirements for fuels and fuel additives under this section; or ``(II) applicable ASTM standards. ``(D) Biodiesel blend.--The term `biodiesel blend' means a blend of biodiesel fuel that meets the requirements of ASTM standard D6751 with petroleum- based diesel fuel. ``(2) Biodiesel fuel standard.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to ensure that diesel fuel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of biodiesel determined in accordance with subparagraphs (B) and (C). ``(B) Calendar years 2008 through 2012.--For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2012 shall be determined in accordance with the following table: Applicable volume of biodiesel ``Calendar year: (in millions of gallons): 2008................................................... 450 2009................................................... 625 2010................................................... 800 2011................................................... 1,000 2012................................................... 1,250. ``(C) Calendar year 2013 and thereafter.--For the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, based on a review of the implementation of the program during calendar years 2008 through 2012, including a review of-- ``(i) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and ``(ii) the expected annual rate of future production of biodiesel. ``(D) Minimum percentage of biodiesel.--For the purpose of subparagraph (B), at least 80 percent of the minimum applicable volume for each of calendar years 2008 through 2012 shall be biodiesel. ``(E) Compliance.--The regulations promulgated under subparagraph (A) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met, but shall not-- ``(i) restrict geographic areas in which biodiesel may be used; or ``(ii) impose any per-gallon obligation for the use of biodiesel. ``(F) Waivers.-- ``(i) Market evaluation.--The Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall continually evaluate the impact of the biodiesel requirements established under this paragraph on the price of diesel fuel. ``(ii) Waiver.--If the Administrator determines that there is a significant biodiesel feedstock disruption or other market circumstances that would make the price of biodiesel fuel unreasonable, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, shall issue an order to reduce, for a 60-day period, the quantity of biodiesel required under subparagraph (A) by an appropriate quantity that does not exceed 15 percent of the applicable annual requirement for biodiesel. ``(iii) Factors.--In making determinations under this subparagraph, the Administrator shall consider-- ``(I) the purposes of this Act; ``(II) the differential between the price of diesel fuel and the price of biodiesel; and ``(III) the impact the biodiesel mandate has on consumers. ``(iv) Extensions.--If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) is continuing beyond the 60-day period described in clause (ii) or this clause, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, may issue an order to reduce, for an additional 60-day period, the quantity of biodiesel required under subparagraph (A) by an appropriate quantity that does not exceed an additional 15 percent of the applicable annual requirement for biodiesel. ``(v) Restoration.--If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) or (iv) has concluded and that it is practicable, the Administrator, with the concurrence of the Secretary of Energy and the Secretary of Agriculture, may issue an order to increase the quantity of biodiesel required under subparagraph (A) by an appropriate quantity to account for the gallons of biodiesel not used during the period a waiver or extension was in effect under this subparagraph. ``(G) Preemption.-- ``(i) In general.--Except as provided in clause (ii) of this subparagraph, the provisions of this section shall supersede any law of any State or political subdivision thereof insofar as it mandates the use of biodiesel. ``(ii) Construction and application.-- Nothing in this section shall be construed-- ``(I) to supersede any biodiesel mandate provided in any law described in clause (i) that is enacted as of January 1, 2008; ``(II) to prohibit a State or political subdivision thereof from mandating the use of biodiesel in vehicles owned by such State or political subdivisions thereof; or ``(III) to prohibit a State or political subdivision thereof from enacting financial incentives to promote the voluntary use of biodiesel.''. SEC. 4. BIODIESEL QUALITY. Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) (as added by section 3(a)) is amended by adding at the end the following: ``(3) Biodiesel quality.-- ``(A) Quality regulations.--Not later than 180 days after the date of enactment of this subsection, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate ASTM International standards for biodiesel and biodiesel blends is introduced into commerce. ``(B) Enforcement.--The Administrator shall establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meets the standards established under subparagraph (A). ``(C) Violations.--Regardless of whether the Administrator promulgates regulations under subparagraph (A), it shall be a violation of this Act to produce or distribute-- ``(i) biodiesel or any bio-based diesel replacement that does not meet the requirements of ASTM standard D6751; or ``(ii) a biodiesel blend that does not meet the equivalent ASTM standard, as determined by the Administrator. ``(D) Funding.--There are authorized to be appropriated to carry out this paragraph $3,000,000 for each of fiscal years 2008 through 2010.''. SEC. 5. BIODIESEL LABELING. Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545) (as amended by section 4) is amended by adding at the end the following: ``(4) Biodiesel labeling.-- ``(A) In general.--Each retail diesel fuel pump shall be labeled in a manner that informs consumers of the percent of biodiesel that is contained in the biodiesel blend that is offered for sale, as determined by the Administrator. ``(B) Labeling requirements.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall promulgate biodiesel labeling requirements as follows: ``(i) Biodiesel blends that contain less than or equal to 5 percent biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels. ``(ii) Biodiesel blends that contain more than 5 percent biodiesel by volume but not more than 20 percent by volume shall be labeled `contains biodiesel in quantities between 5 percent and 20 percent'. ``(iii) Biodiesel blends that contain more than 20 percent biodiesel by volume shall be labeled `contains more than 20 percent biodiesel'.''.

Summary: Biodiesel Promotion and Quality Assurance Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel fuel sold in the United States contains the volume of biodiesel specified for 2008 through 2012. Requires the Administrator to determine the volume for 2013 and thereafter based on a review of the program. Requires at least 80% of the minimum applicable volume for each of 2008 through 2012 to be biodiesel. Requires the biodiesel fuel standards to contain compliance provisions applicable to refineries, blenders, distributors, and importers. Prohibits such standards from restricting geographic areas in which biodiesel may be used or imposing any per-gallon obligation for the use of biodiesel. Authorizes the Administrator to reduce the quantity of biodiesel required by a specified amount if market circumstances would make the price of biodiesel fuel unreasonable. Declares that nothing in this Act shall be construed to supersede any biodiesel mandate provided in any state or local law enacted as of January 1, 2008. Requires the Administrator to: (1) promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate International standards is introduced into commerce; and (2) establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meet such standards. Prohibits the production of distribution of biodiesel, a biodiesel blend, or any bio-based diesel replacement that does not meet American Society of Testing and Materials standards, regardless of whether the Administrator promulgates such regulations. Requires retail diesel fuel pumps to be labeled to inform consumers of the percent of biodiesel in the biodiesel blend.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Algae-based Renewable Fuel Promotion Act of 2010''. SEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC. (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) is derived solely from qualified feedstocks, and''. (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of such Code is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified feedstock.--For purposes of this paragraph, the term `qualified feedstock' means-- ``(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and ``(ii) any cultivated algae, cyanobacteria, or lemna. ``(G) Special rules for algae.--In the case of fuel which is derived from feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II)-- ``(i) such sale shall be treated as described in subparagraph (C)(i), ``(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) in the hands of such taxpayer, and ``(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.''. (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.-- (1) In general.--Subparagraph (A) of section 168(l)(2) of such Code is amended by striking ``solely to produce cellulosic biofuel'' and inserting ``solely to produce second generation biofuel (as defined in section 40(b)(6)(E)''. (2) Conforming amendments.--Subsection (l) of section 168 of such Code is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively, (C) by striking ``Cellulosic'' in the heading of such subsection and inserting ``Second Generation'', and (D) by striking ``cellulosic'' in the heading of paragraph (2) and inserting ``second generation''. (d) Conforming Amendments.-- (1) Section 40 of such Code, as amended by subsection (b), is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking ``Cellulosic'' in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ``Second generation'', and (C) by striking ``cellulosic'' in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting ``second generation''. (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking ``Such term shall not'' and inserting ``The term `second generation biofuel' shall not''. (3) Paragraph (1) of section 4101(a) of such Code is amended by striking ``cellulosic biofuel'' and inserting ``second generation biofuel''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act. (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Summary: Algae-based Renewable Fuel Promotion Act of 2010 - Amends the Internal Revenue Code to modify the definition of "cellulosic biofuel" for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel which is derived solely from qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.