SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Affordable Housing Act of 2009''. SEC. 2. GREEN RETROFIT GRANT AND LOAN PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to make grants and loans under this section to owners of eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. (b) Eligible Federally Assisted Housing Projects.--Grants and loans under this section may be provided only for eligible green retrofit improvements under subsection (c) for-- (1) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (2) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); (4) housing that is assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (5) housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5)); (6) housing insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act (12 U.S.C. 1715z-1); (7) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; (8) housing assisted or formerly assisted under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); (9) multifamily housing projects assisted with amounts made available under the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.); (10) housing for which a loan is made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and (11) housing for which a low-income housing tax credit is provided pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42). (c) Eligible Green Retrofit Improvements.-- (1) In general.--For purposes of this section, eligible green retrofit improvements are improvements to an eligible federally assisted housing project that are approved by the Secretary as having one or more of the following attributes, as compared with the comparable component that would normally be used by owners of similar properties in the same market area: (A) Materially lower electric, heating fuel, or water consumption. (B) Materially lower emissions of chemicals thought to be harmful to humans. (C) Materially longer useful life. (D) Materially more biodegradable. (E) Materially more easily recycled. (F) Materially lower use of raw materials or use of materially more recycled content. (G) Materially lower transportation costs of products delivered to the project. For purposes of this paragraph, determinations of materiality shall be made by the Secretary in the sole discretion of the Secretary. (2) Related improvements.--For purposes of this section, eligible green retrofit improvements shall include improvements approved by the Secretary as related or collateral to the undertaking or provision of eligible green retrofit improvements approved pursuant to paragraph (1) for an eligible federally assisted housing project. (3) Verification.--For purposes of verifying improvements as eligible green retrofit improvements under this subsection, the Secretary shall, by regulation, provide for the following: (A) Certification of building energy and environment auditors, inspectors, and raters by the Residential Energy Services Network (RESNET), or an equivalent certification system as determined by the Secretary. (B) Certification or licensing of building energy and environmental retrofit contractors by the Building Performance Institute (BPI), or an equivalent certification or licensing system as determined by the Secretary. (C) Use of equipment and procedures of the Building Performance Institute, Residential Energy Services Network, or other appropriate equipment and procedures (such as infrared photography and pressurized testing, and tests for water use and indoor air quality), as determined by the Secretary, to test the energy and environmental efficiency of buildings effectively. (D) Determination of energy savings by comparison of scores on the Home Energy Rating System (HERS) Index before and after retrofit, with the final score produced by an objective third party. (d) Extension of Affordability Restrictions.-- (1) Grants.-- (A) In general.--The Secretary may provide a grant under this section for an eligible federally assisted housing project only if the owner of the project enters into such binding commitments as the Secretary shall require, which shall be applicable to any subsequent owner, to ensure that the project will be operated, until the expiration of the period specified in subparagraph (B), in accordance with all affordability restrictions that are applicable to the project under the federal assistance program referred to in subsection (b) under which assistance is provided for the project. (B) Period.--The period specified in this paragraph for an eligible federally assisted housing project is the period that-- (i) begins upon the date of the expiration of applicability, to the project, of the affordability restrictions under the federal assistance program referred to in subsection (b) under which assistance is provided for the project; (ii) has such duration, as determined by the Secretary, as commensurate with the amount of the loan or grant assistance provided under this section for the project; and (iii) in no case exceeds 30 years. The Secretary may make such adjustments to such period as may be necessary to take into consideration any more significant restrictions accompanying other subsidies for the project. (2) Loans.--In providing loans under this section for eligible federally assisted housing projects, the Secretary may require the project to comply with affordability restrictions as the Secretary may establish, the terms of which shall be commensurate with the term and amount of the loan. (e) Limitation on Amount.--The amount of a grant or loan under this section for an eligible federally assisted housing project may not exceed-- (1) a percentage, as determined by the Secretary, of the cost of the eligible green retrofit improvements for the project described in the retrofit plan under subsection (f)(2) for the project; and (2) a dollar amount limitation, as the Secretary may establish. (f) Applications.-- (1) In general.--The Secretary shall provide for owners of eligible federally assisted housing project to submit applications to the Secretary for grants and loans under this subsection. The Secretary shall require each such application to include a retrofit plan under paragraph (2). (2) Retrofit plan.-- (A) Requirements.--The Secretary may not make any grant or loan under this section for any eligible green retrofit improvements for an eligible federally assisted housing project unless the owner of the project has submitted to the Secretary, and the Secretary has approved (pursuant to any amendments or changes as the Secretary may require), a detailed written plan regarding such improvements that complies with such requirements as the Secretary shall establish, which shall include the following: (i) The plan shall set forth the current utility costs for the project, including costs for water, heat, and electricity. (ii) The plan shall describe the eligible green retrofit improvements to be made for the project, setting forth-- (I) a schedule for completing each such improvement; (II) the cost of and sources of funding for each such improvement; (III) the amount of anticipated cost savings resulting from each such improvement; and (IV) a schedule for such savings for each such improvement based on the current utility costs for the project set forth pursuant to clause (i), except that such cost-savings schedule may not have a term exceeding 10 years. (B) Cost-efficiency; cost savings.--The Secretary may approve a retrofit plan under this subsection only if the Secretary determines that-- (i) the total present value of the cost savings resulting from the eligible green retrofit improvements specified in the plan and to be recovered over the term of the cost- savings schedule included in the plan will exceed the cost of making such improvements; and (ii) the eligible green retrofit improvements specified in the plan will result in savings in utility or other operating costs for the eligible federally assisted housing project of not less than 20 percent, in comparison to utility and operating costs of such project absent the eligible green retrofit improvements to be undertaken under the plan. (3) Selection priorities.--In selecting applications for loans and grants under this section the Secretary may-- (A) give priority to applications providing for eligible green retrofit improvements that are funded in part with amounts from sources other than grants and loans under this section, and the extent of such priority provided may be based on the ratio of such funding from other sources; and (B) give priority to applications based on the net amount of energy efficiency savings resulting from the eligible green retrofit improvements to be funded by such loans and grants. (g) Loans.--In such circumstances as the Secretary may provide, the Secretary may provide assistance under this section in the form of a loan, which shall have such term to maturity, shall bear interest, and shall have such other terms and conditions as the Secretary may establish. (h) Treatment of Grant Amounts.--Notwithstanding any other provision of law, assistance amounts under this section may be treated as amounts not derived from a Federal grant. (i) Monitoring.-- (1) Submission of information to secretary.--The Secretary shall require each owner of an eligible federally assisted housing project for which a grant or loan under this section is made to submit to the Secretary such information, on a regular basis during the term of the cost savings schedule included in the retrofit plan for project for which such grant or loan is made or during such other term, and in such form and manner, as the Secretary considers appropriate to determine the cost savings resulting from the eligible green retrofit improvements funded with such grant or loan and to provide such other information as the Secretary considers necessary. (2) Other monitoring.--With respect to eligible federally assisted housing projects for which eligible green retrofit improvements have been made with assistance under this section, the Secretary shall-- (A) establish guidelines for obtaining certification of such projects, after retrofit, as Energy Star buildings, for assigning Home Energy Rating System (HERS) rating for such projects, and for completing applicable building performance labels; and (B) establish processes for tracking the numbers and locations of such projects and obtaining information on projected and actual savings of energy and its value over time. (j) Definitions.--For purposes of this section, the following definitions shall apply: (1) Affordability restrictions.--The term ``affordability restrictions'' means, with respect to an eligible federally assisted housing project, limits imposed by statute, regulation, or regulatory agreement on tenant rents, rent contributions, or income eligibility. (2) Cost-savings schedule.--The term ``cost-savings schedule'' means, with respect to a retrofit plan for an eligible federally assisted housing project, the schedule included in such plan pursuant to subsection (f)(2)(A)(ii)(IV). (3) Eligible federally assisted housing project.--The term ``eligible federally assisted housing project'' means a housing project described in subsection (b). (4) Retrofit plan.--The term ``retrofit plan'' means a plan required under subsection (f)(2). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Authorization of Appropriations.--There is authorized to be appropriated such sums for each of fiscal years 2010 through 2014, which shall be available for-- (1) grants under this section; and (2) costs (as such term in defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of loans under this section. (l) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

Summary: Green Affordable Housing Act of 2009 - Requires the Secretary of Housing and Urban Development (HUD) to carry out a program of grants and loans to owners of specified eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. Conditions such grants or loans on a HUD approved retrofit plan by the owners of such projects.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cape Fox Land Entitlement Adjustment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Cape Fox Corporation (Cape Fox) is an Alaska Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native Village of Saxman. (2) As with other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska, Cape Fox was limited to selecting 23,040 acres under section 16 of the Alaska Native Claims Settlement Act. (3) Except for Cape Fox, all other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska were restricted from selecting land within two miles of a home rule city. (4) To protect the watersheds in the vicinity of Ketchikan, Cape Fox was restricted from selecting land within six miles of the boundary of the home rule City of Ketchikan under section 22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(l)). (5) The six mile restriction damaged Cape Fox by precluding the corporation from selecting valuable timber land, industrial sites, and other commercial property, not only in its core township but in surrounding land far removed from Ketchikan and its watershed. (6) As a result of the six mile restriction, only the remote mountainous northeast corner of Cape Fox's core township, which is nonproductive and of no known economic value, was available for selection by the corporation. Selection of this parcel was, however, mandated by section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)). (7) Cape Fox's land selections were further limited by the fact that the Annette Island Indian Reservation is within its selection area, and those lands were unavailable for selection under the Alaska Native Claims Settlement Act. Cape Fox is the only village corporation organized pursuant to the Alaska Native Claims Settlement Act affected by this restriction. (8) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act requires adjustment of Sealaska Corporation's (Sealaska) selections and conveyances to avoid creation of additional split estate between National Forest System surface land and Sealaska subsurface land. (9) There is an additional need to resolve existing areas of Sealaska/Tongass split estate, in which Sealaska holds title or conveyance rights to several thousand acres of subsurface land that encumber management of Tongass National Forest surface land. (10) The Tongass National Forest land identified in this Act for selection by and conveyance to Cape Fox and Sealaska, subject to valid existing rights, provides a means to resolve some of the Cape Fox and Sealaska Alaska Native Claims Settlement Act land entitlement issues without significantly affecting Tongass National Forest resources, uses, or values. (11) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act through the provisions of this Act, and the related adjustment of Sealaska's selections and conveyances hereunder, are in accordance with the purposes of the Alaska Native Claims Settlement Act and otherwise in the public interest. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of Federal unconveyed land within section 1, T. 75 S., R. 91 E., C.R.M. SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection of Surface Estate.-- (1) In general.--In addition to land made available for selection under the Alaska Native Claims Settlement Act, not later than 2 years after the date of the enactment of this Act, Cape Fox may select the approximately 99 acres of the surface estate of Tongass National Forest land outside Cape Fox's current exterior selection boundary described in paragraph (2). (2) Land description.--The land referred to in paragraph (a) is described as follows: T. 73 S., R. 90 E., C.R.M. Section 33: SW portion of SE 1/4: 38 acres. Section 33: NW portion of SE 1/4: 13 acres. Section 33: SE 1/4 of SE 1/4: 40 acres. Section 33: SE 1/4 of SW 1/4: 8 acres. (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox of the surface estate to the land described in subsection (a)(2), the Secretary of the Interior shall convey to Sealaska the subsurface estate to that land. (c) Timing.--The Secretary of the Interior shall complete the conveyances to Cape Fox and Sealaska under this section not later than 180 days after the Secretary of the Interior receives written notice of the Cape Fox selection under subsection (a). SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL FOREST. (a) In General.--The Secretary of Agriculture shall offer, and if accepted by Cape Fox shall exchange, the Federal land described in subsection (b) for land and interests therein identified by Cape Fox under subsection (c) and, to the extent necessary, land and interests therein identified under subsection (d). (b) Land To Be Exchanged to Cape Fox.--The land to be offered to Cape Fox is Tongass National Forest land comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (c) Land To Be Exchanged to the United States.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, Cape Fox may identify, in writing to the Secretary of Agriculture and the Secretary of the Interior, the land and interests in land that Cape Fox proposes to exchange for the Federal land described in subsection (b). The land and interests in land shall be identified from land previously conveyed to Cape Fox comprising approximately 2,900 acres and designated as parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange Proposal,'' dated March 15, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (2) Conditions for parcels.--Land identified for exchange within each parcel shall abut National Forest System land and be in reasonably compact tracts. (3) Easement.--The land identified for exchange shall includes a public trail easement designated as ``D'' on the map described in paragraph (1), unless the Secretary of Agriculture agrees otherwise. The value of the easement shall be included in determining the total value of land conveyed to the United States. (d) Valuation of Exchange land.--The Secretary of Agriculture shall determine whether the land identified by Cape Fox under subsection (c) is equal in value to the land described in subsection (b). If the land identified under subsection (c) is determined to have insufficient value to equal the value of the land described in subsection (b), Cape Fox and the Secretary shall mutually identify additional Cape Fox land for exchange sufficient to equalize the value of land conveyed to Cape Fox. Such land shall be contiguous to adjacent National Forest System land and in reasonably compact tracts. (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native Claims Settlement Act, the offer and conveyance of Federal land to Cape Fox in the exchange shall be of the surface and subsurface estate. Such offer and conveyance shall be subject to valid existing rights and all provisions of section 14(g) of such Act. (f) Timing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall attempt to enter into an agreement with Cape Fox to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to conveyance from Cape Fox to the United States of all its right, title, and interest in the Cape Fox land included in the exchange consistent with this Act, the Secretary of the Interior shall complete the interim conveyance to Cape Fox of the Federal land included in the exchange not later than 180 days after the execution of the exchange agreement by Cape Fox and the Secretary of Agriculture. SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL FOREST. (a) In General.--Upon conveyance of the Cape Fox land included in the exchange under section 5 and conveyance and relinquishment by Sealaska, in accordance with this Act, of the land and interests in land described in subsection (c), the Secretary of the Interior shall convey to Sealaska the Federal land identified for exchange under subsection (b). (b) Land To Be Exchanged to Sealaska.-- (1) Selection area.--The land to be exchanged to Sealaska is to be selected by Sealaska from Tongass National Forest land comprising approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon a map entitled ``Proposed Sealaska Corporation Land Exchange Kensington Lands Selection Area'', dated April, 2002 and available for inspection in the Forest Service Region 10 Regional Office in Juneau, Alaska. (2) Notice of land selection.--Not later than 60 days after receiving notice of the identification by Cape Fox of the exchange land under section 5(c), Sealaska may identify, in writing to the Secretaries of Agriculture and the Interior, the land that Sealaska selects to receive in exchange for the Sealaska land described in subsection (c). (3) Conditions.--Land selected by Sealaska shall be in no more than 2 contiguous and reasonably compact tracts that abut the land described for exchange to Cape Fox in section 5(b). The exchange conveyance to Sealaska shall be of the surface and subsurface estate in the land selected and agreed to by the Secretary but subject to valid existing rights and all other provisions of section 14(g) of the Alaska Native Claims Settlement Act. (4) Equal value.--The Secretary of Agriculture shall determine whether the selected land is equal in value to the land described in subsection (c) and may adjust the amount of selected land in order to reach agreement with Sealaska regarding equal value. (c) Land To Be Exchanged to the United States.--The land and interests therein to be exchanged by Sealaska is-- (1) the subsurface estate underlying the Cape Fox exchange land described in section 5(c); (2) an additional approximately 2,506 acres of the subsurface estate underlying Tongass National Forest surface estate, described in Interim Conveyance No. 1673; and (3) rights to an additional approximately 2,698 acres of subsurface estate of Tongass National Forest land remaining to be conveyed to Sealaska from Group 1, 2, and 3 land as set forth in the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement of November 26, 1991, at Schedule B, as modified on January 20, 1995. (d) Timing.--The Secretary of Agriculture shall attempt, not later than 90 days after receipt of the selection of land by Sealaska under subsection (b), to enter into an agreement with Sealaska to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is executed. Subject only to the Cape Fox and Sealaska conveyances and relinquishments described in subsection (a), the Secretary of the Interior shall complete the interim conveyance to Sealaska of the Federal land selected for exchange not later than 180 days after execution of the agreement by Sealaska and the Secretary of Agriculture. (e) Modification of Agreement.--The executed exchange agreement under this section shall be considered a further modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 1992). SEC. 7. MISCELLANEOUS PROVISIONS. (a) Equal Value Requirement.--The exchanges described in this Act shall be of equal value. Cape Fox and Sealaska shall have the opportunity to present to the Secretary of Agriculture estimates of value of exchange land with supporting information. (b) Title.--Cape Fox and Sealaska shall convey and provide evidence of title satisfactory to the Secretary of Agriculture for their respective lands to be conveyed to the United States under this Act, subject only to exceptions, reservations, and encumbrances in the interim conveyance or patent from the United States or otherwise acceptable to the Secretary of Agriculture. (c) Hazardous Substances.--Cape Fox, Sealaska, and the United States each shall not be subject to liability for the presence of any hazardous substance in land or interests in land solely as a result of any conveyance or transfer of the land or interests therein under this Act. (d) Effect on ANCSA Selections.--Any conveyance of Federal surface or subsurface land to Cape Fox or Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to the Alaska Native Claims Settlement Act. Nothing in this Act shall be construed to change the total acreage of land entitlement of Cape Fox or Sealaska under the Alaska Native Claims Settlement Act. Cape Fox and Sealaska shall remain charged for any land they exchange under this Act and any land conveyed pursuant to section 4, but shall not be charged for any land received under sections 5 or 6. The exchanges described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to Native Corporations pursuant to the Alaska Native Claims Settlement Act. Land or interests therein transferred to the United States under this Act shall become and be administered as part of the Tongass National Forest. (e) Effect on Statehood Selections.--Land conveyed to or selected by the State of Alaska under the Alaska Statehood Act (Public Law 85- 508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for selection or conveyance under this Act without the consent of the State of Alaska. (f) Maps.--The maps referred to in this Act shall be maintained on file in the Forest Service Region 10 Regional Office in Juneau, Alaska. The acreages cited in this Act are approximate, and if there is any discrepancy between cited acreage and the land depicted on the specified maps, the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land. (g) Easements.--Notwithstanding section 17(b) of the Alaska Native Claims Settlement Act, Federal land conveyed to Cape Fox or Sealaska pursuant to this Act shall be subject only to the reservation of public easements mutually agreed to and set forth in the exchange agreements executed under this Act. The easements shall include easements necessary for access across the land conveyed under this Act for use of national forest or other public land. (h) Old Growth Reserves.--The Secretary of Agriculture shall add an equal number of acres to old growth reserves on the Tongass National Forest as are transferred out of Federal ownership as a result of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATION. (a) Department of Agriculture.--There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for-- (1) value estimation and related costs of exchanging land specified in this Act; and (2) road rehabilitation and habitat and timber stand improvement (including thinning and pruning) on land acquired by the United States under this Act. (b) Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for land surveys and conveyances pursuant to this Act.

Summary: Cape Fox Land Entitlement Adjustment Act - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land.


SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF INTERNAL REVENUE. (a) President To Nominate New Commissioner From Individuals Recommended by Selection Commission.--Subsection (a) of section 7802 of the Internal Revenue Code of 1986 (relating to Commissioner of Internal Revenue; Assistant Commissioners; Taxpayer Advocate) is amended by inserting ``from individuals recommended by the Selection Commission under subsection (e)'' after ``appointed by the President''. (b) Selection Commission.--Section 7802 of such Code is amended by adding at the end the following new subsection: ``(e) Selection of Commissioner of Internal Revenue.-- ``(1) In general.--When a vacancy occurs (or is expected to occur within 150 days) in the office of Commissioner of Revenue, a Selection Commission is established to recommend individuals to the President for appointment to the vacant office. ``(2) Selection commission.--The Selection Commission shall be composed of 5 individuals (from among individuals having contacts with the Internal Revenue Service in a professional capacity) appointed by the following organizations as follows: ``(A) A representative from the American Institute of Certified Public Accountants who is a certified public accountant. ``(B) A representative from the American Bar Association who is a member of the Tax Division. ``(C) A scientist from the National Academy of Scientists. ``(D) An engineer from the Institute for Electronic and Electrical Engineers. ``(E) An economist from the American Economics Association. A vacancy in the Selection Commission shall be filled not later than 14 days after the date of the creation of the vacancy in the manner in which the original appointment was made. ``(3) Minimum number of recommended individuals.--A Selection Commission shall recommend at least 3 individuals. The President may request the Selection Commission to recommend additional individuals. ``(4) Deadline for recommendations.--Except for additional recommendations requested by the President under paragraph (3), the Selection Commission shall make its recommendations for Commissioner of Internal Revenue not later than 60 days after the date such Commission is established. ``(5) Administrative provisions.-- ``(A) Chairperson.--The Chairperson of the Selection Commission shall be elected by the members. If not so elected within the 10-day period beginning on the date the Selection Commission first meets, the Chairperson shall be appointed by the President. ``(B) Rates of pay.--Members of the Selection Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule (level III in the case of the Chairman of the Selection Commission) for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Selection Commission. ``(C) Travel expenses.--Each member of the Selection Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(D) Staff.--The Selection Commission shall appoint a Director who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule. With the approval of the Selection Commission, the Director may appoint and fix the pay of not more than 2 additional employees who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. ``(E) Applicability of certain civil service laws.--The Director and staff of the Selection Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. ``(F) Meetings.--The meetings of the Selection Commission shall be in executive session. ``(G) Mails.--The Selection Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. ``(6) Termination.--The Selection Commission shall terminate at the close of the 7th day after the date on which an individual recommended by the Commission is sworn in as Commissioner of Internal Revenue.'' (c) Term of Commissioner of Internal Revenue.--Subsection (a) of section 7802 of such Code is amended by adding at the end the following new sentence: ``The term of the Commissioner of Internal Revenue is 6 years.'' (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act but the amendment made by subsection (c) shall not apply to the individual holding the office of Commissioner of Internal Revenue on such date.

Summary: Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established (upon Commissioner vacancy) by this Act; and (2) serve a six-year term.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand and Rebuild America's Schools Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many States and school districts will need to build new schools in order to accommodate increasing student enrollments; the Department of Education has predicted that the Nation will need 6,000 more schools by the year 2006. (2) In response to reduced class mandates enforced by State governments and increased enrollment, many school districts have been forced to utilize temporary classrooms and other structures to accommodate increased school populations, along with resorting to year-round schedules for students. (3) Research has proven a direct correlation between the condition of school facilities and student achievement. Recently, researchers found that students assigned to schools in poor condition can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a school with poor facilities to a new facility. (4) While school construction and maintenance are primarily a State and local concern, States and communities have not, on their own, met the increasing burden of providing acceptable school facilities, and the poorest communities have had the greatest difficulty meeting this need. (5) Many local educational agencies have difficulties securing financing for school facility construction and renovation, especially in States that require a \2/3\ majority of voter approval for the passage of local bond initiatives. (6) The Federal Government, by providing interest subsidies and similar types of support, can lower the costs of State and local school infrastructure investment, creating an incentive for businesses to support local school infrastructure improvement efforts. (7) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. America must do everything in its power to properly educate its people to compete in the global marketplace. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage public-private partnerships for the financing of school construction and expansion, and (2) to help local educational agencies bring all public school facilities up to an acceptable standard and build the additional classrooms needed to educate the growing number of students who will enroll in the next decade. SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer who holds a school construction bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any school construction bond is the amount equal to the product of-- ``(1) the credit rate determined by the Secretary under section 1397E(b)(2) for the month in which such bond was issued, multiplied by ``(2) the face amount of the bond held by the taxpayer on the credit allowance date. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(d) School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a new qualified school established by an eligible local education agency, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, ``(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such school, and ``(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under section 1397E(d)(3). ``(2) Private business contribution requirement.-- ``(A) In general.--For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified school has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue. ``(B) Qualified contributions.--For purposes of subparagraph (A), the term `qualified contribution' means any contribution (of a type and quality acceptable to the eligible local education agency) of-- ``(i) equipment for use in the qualified school (including state-of-the-art technology and vocational equipment), ``(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom, ``(iii) services of employees as volunteer mentors, ``(iv) internships, field trips, or other educational opportunities outside the school for students, or ``(v) any other property or service specified by the eligible local education agency. ``(3) Qualified school.-- ``(A) In general.--The term `qualified school' means any public school which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if-- ``(i) such public school is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce, ``(ii) students in such public school will be subject to the same academic standards and assessments as other students educated by the local education agency, ``(iii) a well-structured program to alleviate overcrowding and to improve students' education has been constructed and implemented in the opinion of the Secretary of Education, and ``(iv) at least 2 of the following requirements are met: ``(I) There is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the population attending the such public school will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act. ``(II) There is a reasonable expectation (as of the date of issuance of the bonds) that the student growth rate over the next 5 years for the school district in which such public school is to be located will be at least 10 percent. ``(III) The average student-teacher ratio for such district as of the date of issuance of the bonds is at least 28 to 1. ``(B) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ``(4) Qualified purpose.-- ``(A) In general.--The term `qualified purpose' means, with respect to any qualified school-- ``(i) constructing a new school facility, and ``(ii) providing equipment for use at such facility. ``(B) School facility.--The term `school facility' means a new public structure suitable for use as a classroom, laboratory, library, media center, or related facility whose primary purpose is the instruction of public elementary or secondary students. Such term does not include an athletic stadium, or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(5) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) a bank (within the meaning of section 581), ``(B) an insurance company to which subchapter L applies, and ``(C) a corporation actively engaged in the business of lending money. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national school construction bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except for carryovers as provided under the rules applicable under paragraph (2), zero thereafter. ``(2) Allocation of limitation.--The national school construction bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the Secretary of Education to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--The definitions in subsections (d)(6) and (f) of section 1397E shall apply for purposes of this section. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section.'' (b) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit to holders of school construction bonds.'' (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1997.

Summary: Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Benefits and Economic Welfare Improvement Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Military transition program. Sec. 3. Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs. Sec. 4. Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals. Sec. 5. Exclusion of certain amounts from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans. Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain income information from other agencies. Sec. 7. VetStar Award program. Sec. 8. Increase in amount of pension for Medal of Honor recipients. Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010. SEC. 2. MILITARY TRANSITION PROGRAM. (a) In General.--Chapter 41 of title 38, United States Code, is amended by inserting after section 4114 the following new section: ``Sec. 4115. Military transition program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs and the Assistant Secretary of Labor for Veterans' Employment and Training shall jointly carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran whom the Secretary of Veterans Affairs determines-- ``(A) is not otherwise eligible for education or training services under this title; ``(B) has not acquired a marketable skill since being separated or released from service in the Armed Forces; ``(C) was discharged under honorable conditions; and ``(D)(i) has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) during such 180-day period received a maximum hourly rate of pay of not more than 150 percent of the Federal minimum wage. ``(b) Apprenticeship or On-the-Job Training Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on- the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Assistant Secretary of Labor for Veterans' Employment and Training reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will continue to employ the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Assistant Secretary of Labor for Veterans' Employment and Training shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in paragraph (2) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate or $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Assistant Secretary of Labor for Veterans' Employment and Training may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the aggregate amount paid with respect to such veteran may not exceed $20,000 and the maximum number of months of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Assistant Secretary of Labor for Veterans' Employment and Training on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Assistant Secretary may specify. Such report shall be submitted in the form and manner required by the Assistant Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year for which the program is carried out. ``(e) Reporting.--The Secretary of Veterans Affairs, in coordination with the Assistant Secretary of Labor for Veterans' Employment and Training, shall include a description of activities carried out under this section in the annual report prepared submitted under section 529 of this title. ``(f) Termination.--The authority to carry out a program under this section shall terminate on September 30, 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4114 the following new item: ``4115. Military transition program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 4115''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 4115''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide-- ``(A) the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and ``(B) expeditious treatment to such claim. ``(2) If a person submits to the Secretary any written notification sufficient to inform the Secretary that the person plans to submit a fully developed claim and, not later than one year after submitting such notification submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide expeditious treatment to the claim. ``(3) If the Secretary determines that a claim submitted by a claimant as a fully developed claim is not fully developed, the Secretary shall provide such claimant with the notice described in section 5103(a) within 30 days after the Secretary makes such determination. ``(4) For purposes of this section: ``(A) The term `fully developed claim' means a claim-- ``(i) for which the claimant-- ``(I) received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or ``(II) submits, together with the claim, an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and ``(ii) for which the claimant or the claimant's representative, if any, each signs, dates, and submits a certification in writing stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated. ``(B) The term `expeditious treatment' means, with respect to a claim for benefits under the laws administered by the Secretary, treatment of such claim so that the claim is fully processed and adjudicated within 90 days after the Secretary receives an application for such claim.''. (b) Appeals Form Availability.--Subsection (b) of section 5104 of such title is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting before the period at the end the following: ``, and (3) any form or application required by the Secretary to appeal such decision''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims submitted on or after the date of the enactment of this Act. SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF BOARD OF VETERANS' APPEALS. (a) In General.--Section 7266(a) of title 38, United States Code, is amended-- (1) by striking ``In order'' and inserting ``(1) Except as provided in paragraph (2), in order''; and (2) by adding at the end the following new paragraph: ``(2)(A) The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require. ``(B) For purposes of this paragraph, it shall be considered good cause if a person was unable to file a notice of appeal within the 120- day period because of the person's service-connected disability.''. (b) Applicability.-- (1) In general.--Paragraph (2) of section 7266(a) of such title, as added by subsection (a), shall apply to a notice of appeal filed with respect to a final decision of the Board of Veterans' Appeals that was issued on or after July 24, 2008. (2) Reinstatement.--Any petition for review filed with the Court of Appeals for Veterans Claims that was dismissed by such Court on or after July 24, 2008, as untimely, shall, upon the filing of a petition by an adversely affected person filed not later than six months after the date of the enactment of this Act, be reinstated upon a showing that the petitioner had good cause for filing the petition on the date it was filed. SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF VETERANS. (a) Certain Amounts Paid for Reimbursements and for Pain and Suffering.--Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: ``(5) payments regarding-- ``(A) reimbursements of any kind (including insurance settlement payments) for-- ``(i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from-- ``(I) any accident (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; ``(II) any theft or loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or ``(III) any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and ``(ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and ``(B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis;''. (b) Certain Amounts Paid by States and Municipalities as Veterans Benefits.--Section 1503(a) of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph (11): ``(11) payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans' benefit due to injury or disease; and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to determinations of income for calendar years beginning after October 1, 2011. SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES. Section 5317 of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 7. VETSTAR AWARD PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall establish an award program, to be known as the ``VetStar Award Program'', to annually recognize businesses for their contributions to veterans' employment. (b) Administration.--The Secretary shall establish a process for the administration of the award program, including criteria for-- (1) categories and sectors of businesses eligible for recognition each year; and (2) objective measures to be used in selecting businesses to receive the award. (c) Veteran Defined.--In this section, the term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS. Section 1562(a) of title 38, United States Code, is amended by striking ``$1,000'' and inserting ``$2,000''. SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010. 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: Veterans Benefits and Economic Welfare Improvement Act of 2010 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016. (Sec. 3) Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision. (Sec. 4) Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. (Sec. 5) Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. (Sec. 6) Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. (Sec. 7) Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. (Sec. 8) Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients. (Sec. 9) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided such statement has been submitted prior to the vote on passage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders in making political contributions or expenditures affecting Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 is amended by inserting after section 14B the following new section: ``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS. ``(a) Shareholder Authorization for Political Expenditures.--Any solicitation of any proxy or consent or authorization in respect of any security of an issuer shall-- ``(1) contain a description of the specific nature of any expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year not previously approved, to the extent the specific nature is known to the issuer and including the total amount of such proposed expenditures; and ``(2) provide for a separate shareholder vote to authorize such proposed expenditures in such amount. ``(b) Requirements for Expenditures.--No issuer shall make any expenditure for political activities in any fiscal year unless-- ``(1) such expenditure is of the nature of those proposed by the issuer pursuant to subsection (a)(1); and ``(2) authorization for such expenditures has been granted by votes representing a majority of outstanding shares pursuant to subsection (a)(2). ``(c) Fiduciary Duty; Liability.--A violation of subsection (b) shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such authorization of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any individual or class of individuals who held shares at the time such expenditure was made for an amount equal to 3 times the amount of such expenditure. ``(d) Definition of Expenditure for Political Activities.--As used in this section: ``(1) The term `expenditure for political activities' means-- ``(A) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)); ``(B) an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any other public communication (as such term is defined in section 301(22) of such Act (2 U.S.C. 431(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(C) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subparagraph (A) or (B). ``(2) Such term shall not include-- ``(A) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(B) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(C) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation. ``(e) Disclosure of Votes.--Every institutional investment manager subject to section 13(f) shall report at least annually how it voted on any shareholder vote pursuant to subsection (a), unless such vote is otherwise required to be reported publicly by rule or regulation of the Commission. Not later than 6 months after the date of enactment of this section, the Commission shall issue rules and regulations to implement this subsection. Such rules shall require that such report be made not later than 30 days after such a vote and be made available to the public through the EDGAR system as soon as practicable. ``(f) Safe Harbor for Certain Divestment Decisions.-- Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer because of expenditures for political activities made by that issuer. This subsection shall not apply to any institutional investment manager, or any employee, officer, or director thereof, unless the institutional investment manager makes disclosures in accordance with regulations prescribed by the Commission.''. SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. (a) Required Vote.--The Securities Exchange Act of 1934 is amended by adding after section 16 the following new section: ``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. ``(a) Listing on Exchanges.--Effective not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (b). ``(b) Requirement for Vote in Corporate Bylaws.--The corporate bylaws of an issuer shall expressly provide for a vote of the directors of the issuer on any individual expenditure for political activities (as such term is defined in section 14C(d)(1)) in excess of $50,000, or any expenditure that makes the total amount spent by the issuer for the particular election (as such term is defined in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))) $50,000 or more. An issuer shall make publicly available the individual votes of the directors required by the preceding sentence within 48 hours of the vote, including in a clear and conspicuous location on the Internet website of the issuer.''. (b) No Effect on Determination of Coordination With Candidates or Campaigns.--For purposes of determining whether an expenditure for political activities by an issuer under the Securities Exchange Act of 1934 is an independent expenditure under the Federal Election Campaign Act of 1971, the expenditure may not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely on the grounds that any director of the issuer voted on the expenditure as required under section 16A(b) of the Securities Exchange Act of 1934 (as added by subsection (a)). SEC. 5. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(r) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Quarterly reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall modify its reporting rules under this section to require issuers to disclose quarterly any expenditure for political activities (as such term is defined in section 14C(d)(1)) made during the preceding quarter and the individual votes by board members authorizing such expenditures as required under section 16A(b). Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of each expenditure; ``(B) the amount of each expenditure; ``(C) if the expenditure was made for or against a candidate, the name of the candidate, the office sought by and the political party affiliation of the candidate; and ``(D) the name or identity of trade associations or other tax-exempt organizations which receive dues or other payments as described in section 14C(d)(1)(B). ``(2) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in its annual report to shareholders an annual summary of all expenditures for political activities (as such term is defined in section 14C(d)(1)) made during the preceding year in excess of $10,000. ``(3) Disclosure of materials purchased by political expenditures.--The Commission shall, by rule, require each issuer to obtain and disclose in the reports required under this section, any materials created with or purchased by any expenditure for political activities (as such term is defined in section 14C(d)) made by the issuer. Such rule shall also require that each issuer disclose such materials in a clear and conspicuous location on the Internet website of the issuer within 48 hours of obtaining the materials. ``(4) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required by this subsection are publicly available through the Commission website and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements of section 24.''. SEC. 6. REPORTS. The Securities and Exchange Commission shall annually assess the compliance of public corporations and their management with the requirements of the amendments made by this Act, and shall transmit to Congress an annual report of its findings. The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the Securities and Exchange Commission's oversight of the reporting and disclosure requirements of the amendments made by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Summary: Shareholder Protection Act of 2010 - (Sec. 3) Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature and total amount of expenditures proposed for political activities for the forthcoming fiscal year; and (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure meets the requirements of this Act; and (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of such prohibition a breach of the fiduciary duty of the officers and directors who authorized the expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any individual shareholder or class of individuals who held shares at the time of such expenditure for three times the expenditure's amount. Requires institutional investment managers to disclose annually in mandatory reports how they voted on corporate political expenditures. Requires the Securities and Exchange Commission (SEC) to promulgate regulations requiring: (1) investment managers to report how they voted within 30 days after the vote; and (2) the report to be made available to the public through the EDGAR system. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to either divest from, or not to invest in, the securities of an issuer based upon political expenditures made by that issuer. Applies this prohibition only to an institutional investment manager, or its employees, officers, or directors, that makes such disclosures in accordance with SEC regulations. (Sec. 4) Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer whose corporate bylaws do not expressly provide for a vote by its board of directors on any individual expenditure: (1) for political activities in excess of $50,000; or (2) that makes the total expenditures by the issuer for a particular election $50,000 or more. Requires an issuer to make the individual votes of the directors regarding any such expenditure publicly available within 48 hours. (Sec. 5) Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter, along with specified details, and the individual votes by board members authorizing such expenditures; (2) make such reports publicly available on its SEC website and through the EDGAR system; and (3) require each issuer to include in its annual report to shareholders a summary of all expenditures for political activities made during the preceding year in excess of $10,000. Directs the SEC to require each issuer to: (1) obtain and disclose in its mandatory reports any materials created with or purchased by any expenditure for political activities; and (2) disclose such materials in a clear and conspicuous location on its Internet website within 48 hours of obtaining the materials. (Sec. 6) Directs the SEC to assess and report to Congress annually on the compliance of public corporations and their management with the requirements of this Act. Requires the Comptroller General to evaluate and report periodically to Congress on the effectiveness of the SEC's oversight of its reporting and disclosure requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Audit Reform Act of 2010''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the Director of the Office of Management and Budget should follow the recommendations of the Government Accountability Office report entitled ``Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight'' (GAO-09-307R), issued March 13, 2009. SEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS. (a) Amendment to Single Audit Act.-- (1) In general.--Chapter 75 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 7508. Oversight and evaluation ``(a) Oversight and Evaluation.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall monitor the risk, cost-benefit, efficiency, and effectiveness of the implementation by Federal agencies of this chapter by-- ``(1) evaluating such implementation governmentwide; and ``(2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. ``(b) Report.--The Director, or the head of the office or entity designated by the Director under subsection (c), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that includes the findings under subsection (a). The report shall be submitted not later than September 30 of each year and shall cover the previous year. ``(c) Designation of Oversight Entity.--The Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity to act on behalf of the Director under subsection (a) and submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report that describes such office or entity and the resources made available to such office or entity to adequately implement the provisions of this section.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 75 of title 31, United States Code, is amended by inserting after the item relating to section 7507 the following new item: ``7508. Oversight and evaluation.''. (b) Simplified Audit Process.-- (1) Evaluation.--The Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall evaluate the process for the single audit and the program-specific audit under chapter 75 of title 31, United States Code, to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note) and the Single Audit Act Amendments of 1996 (Public Law 104- 156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director, or the head of the office or entity designated by the Director under section 7508(c) of title 31, United States Code, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States, a report on the results of the evaluation under paragraph (1). (3) Definitions.--In this subsection: (A) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (B) Large recipient.--The term ``large recipient'' means a non-Federal entity that expends a total amount of Federal awards equal to or in excess of $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (C) Non-federal entity.--The term ``non-Federal entity'' has the meaning given that term under section 7501 of title 31, United States Code. (D) Small recipient.--The term ``small recipient'' means a non-Federal entity that expends a total amount of Federal awards of less than $300,000 or such other amount specified by the Director under section 7502(a)(3) of title 31, United States Code, in any fiscal year. (c) Implementation of Recommendations To Improve Audit Quality.-- (1) Evaluation.--The Director of the Office of Management and Budget shall evaluate the implementation of the recommendations made to the Office of Management and Budget by the President's Council on Integrity and Efficiency in the report entitled ``Report on National Single Audit Sampling Project,'' dated June 2007. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Comptroller General of the United States a report on the results of the evaluation under paragraph (1). (d) Deadline for Designation of Oversight Entity.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an office in the Office of Management and Budget or another Federal entity under section 7508(c) of title 31, United States Code.

Summary: Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled "Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight" (GAO-09-307R), issued March 13, 2009. Amends the Single Audit Act of 1984 to require the OMB Director (or a designee) to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide; and (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes. Requires the OMB Director to designate an OMB office or another federal entity (oversight entity) to act on OMB's behalf in such monitoring and reporting. Requires the OMB Director (or a designated oversight entity) to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients. Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled "Report on National Single Audit Sampling Project," dated June 2007. Establishes a deadline for OMB to designate such oversight entity.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Prior Act'' or ``Andrew's Law''. SEC. 2. DISCHARGE OF PRIVATE STUDENT LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Discharge of private educational loans in the event of the death of the borrower.-- ``(A) Definitions.--As used in this paragraph-- ``(i) the term `cosigner'-- ``(I) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument relating to the obligation; ``(II) includes any person whose signature is requested as a condition to grant credit or to forbear on collection; and ``(III) does not include a spouse of an individual referred to in subclause (I) whose signature is needed to perfect the security interest in the loan; ``(ii) the term `private educational lender' has the same meaning as in section 140; ``(iii) the term `private education loan' has the same meaning as in section 140; and ``(iv) the term `totally and permanently disabled' means-- ``(I) with respect to a person other than a veteran, that the person is unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that-- ``(aa) can be expected to result in death; ``(bb) has lasted for a continuous period of not less than 60 months; or ``(cc) can be expected to last for a continuous period of not less than 60 months; and ``(II) in the case of a veteran (as that term is defined in section 101 of title 38, United States Code), a determination from the Secretary of Veterans Affairs that-- ``(aa) such person has a service-connected disability or service-connected disabilities that are 100 percent disabling; or ``(bb) such person is totally disabled, based on an Individual Unemployability determination by the Secretary of Veterans Affairs. ``(B) Private educational loans discharged.--In the event of the death of a borrower of a private educational loan, or if the borrower of a private educational loan is totally and permanently disabled, neither the estate of the borrower nor any cosigner of such private educational loan shall be obligated to repay the outstanding principal or interest on the loan. ``(C) Limitations.--The Bureau-- ``(i) shall develop such safeguards as may be necessary and appropriate to prevent fraud and abuse in the discharge of liability under this subsection; and ``(ii) notwithstanding any other provision of this subsection, may promulgate regulations to reinstate the obligation of loans discharged under this subsection in any case in which the Director determines necessary to protect the public interest.''. SEC. 3. REGULATIONS. The Director of the Bureau of Consumer Financial Protection may issue such regulations as may be necessary and appropriate to carry out this Act.

Summary: Andrew Prior Act or Andrew's Law - Amends the Truth in Lending Act to discharge the repayment obligations of the estate of a borrower and any cosigner of a private educational loan if the borrower dies or is totally and permanently disabled. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop necessary and appropriate safeguards to prevent fraud and abuse in the discharge of those obligations. Authorizes the Director to promulgate regulations to reinstate those obligations in any case in which the Director determines that doing so is necessary to protect the public interest.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Infrastructure Protection Act'' or ``CIPA''. SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) is amended-- (1) in section 2 (6 U.S.C. 101), by inserting after paragraph (6) the following: ``(6a) EMP.--The term `EMP' means-- ``(A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and ``(B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.''; (2) in title V (6 U.S.C. 311 et seq.), by adding at the end the following: ``SEC. 526. NATIONAL PLANNING SCENARIOS AND EDUCATION. ``The Secretary shall, to the extent practicable-- ``(1) include in national planning scenarios the threat of EMP events; and ``(2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events.''; (3) in title III (6 U.S.C. 181 et seq.), by adding at the end of the following: ``SEC. 318. EMP RESEARCH AND DEVELOPMENT. ``(a) In General.--In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. ``(b) Scope.--The scope of the research and development under subsection (a) shall include the following: ``(1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. ``(2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. ``(3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. ``(4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. ``(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.''; and (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: ``(26)(A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and ``(ii) biennial updates on the status of the recommended strategy. ``(B) The recommended strategy shall-- ``(i) be based on findings of the research and development conducted under section 318; ``(ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive-7) for critical infrastructures; ``(iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and ``(iv) include a classified annex as needed. ``(C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B).''. (b) Clerical Amendments.--The table of contents in section 1(b) of such Act is amended-- (1) by adding at the end of the items relating to title V the following: ``Sec. 526. National planning scenarios and education.''; and (2) by adding at the end of the items relating to title III the following: ``Sec. 318. EMP research and development.''. (c) Deadline for Recommended Strategy.--The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than one year after the date of the enactment of this Act. (d) Report.--The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed-- (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning scenarios; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners and emergency responders at all levels of government regarding the threat of EMP events. SEC. 3. NO REGULATORY AUTHORITY. Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws. Passed the House of Representatives December 1, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: Critical Infrastructure Protection Act or CIPA - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to: (1) include in national planning scenarios the threat of electromagnetic pulse (EMP) events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events. Directs the Secretary, acting through the Under Secretary for Science and Technology to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of the Secretary of Homeland Security relating to intelligence and analysis and infrastructure protection to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (2) biennial updates on the status of such strategy. Authorizes the Secretary to incorporate such strategy into a broader recommendation developed by the Department of Homeland Security (DHS) to help protect and prepare critical infrastructure from terrorism and other threats.