SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans Fairness Act''. SEC. 2. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY PENSION. (a) Eligibility.--Section 107 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3) of the first sentence, by inserting ``15,'' before ``23,''; and (B) in the second sentence, by striking ``subsection (c) or (d)'' and inserting ``subsections (c), (d), and (e)'' ; and (2) in subsection (b)-- (A) in paragraph (2) of the first sentence, by inserting ``15,'' before ``23,''; and (B) in the second sentence, by striking ``subsection (c) or (d)'' and inserting ``subsections (c), (d), and (e)''. (b) Rate of Payment.--That section is further amended by adding at the end the following new subsection: ``(e) In the case of benefits under chapter 15 of this title paid by reason of service described in subsection (a) or (b)-- ``(1) if the benefits are paid to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply; and ``(2) if the benefits are paid to an individual residing in the Republic of the Philippines, the benefits shall be paid (notwithstanding any other provision of law) at the rate of $100 per month.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to benefits for months beginning on or after that date. SEC. 3. ELIGIBILITY FOR VOCATIONAL REHABILITATION. (a) Eligibility.--Section 107 of title 38, United States Code, as amended by this Act, is further amended-- (1) in subsection (a)-- (A) in paragraph (3) of the first sentence-- (i) by striking ``and'' before ``24''; and (ii) by inserting ``, and chapter 31'' before ``of this title''; (B) in the second sentence, by striking ``and (e)'' and inserting ``(e), and (f)''; and (2) in subsection (b)-- (A) in paragraph (2) of the first sentence-- (i) by striking ``and'' before ``24''; and (ii) by inserting ``, and chapter 31'' before ``of this title''; (B) in the second sentence, by striking ``and (e)'' and inserting ``(e), and (f)''. (b) Rate of Payment.--That section is further amended by adding at the end the following new subsection: ``(f) In the case of benefits under chapter 31 of this title paid by reason of service described in subsection (a) or (b), if the benefits are paid to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to benefits for months beginning on or after that date. SEC. 4. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE PHILIPPINES. (a) In General.--Subchapter IV of chapter 17 of title 38, United States Code, is amended-- (1) by redesignating section 1735 as section 1736; and (2) by inserting after section 1734 the following new section 1735: ``Sec. 1735. Outpatient care and services for World War II veterans residing in the Philippines ``(a) Outpatient Health Care.--The Secretary shall furnish care and services to veterans of World War II, Commonwealth Army veterans, and new Philippine Scouts for the treatment of the service-connected disabilities and nonservice-connected disabilities of such veterans and scouts residing in the Republic of the Philippines on an outpatient basis at the Manila VA Outpatient Clinic. ``(b) Limitations.--(1) The amount expended by the Secretary for the purpose of subsection (a) in any fiscal year may not exceed $500,000. ``(2) The authority of the Secretary to furnish care and services under subsection (a) is effective in any fiscal year only to the extent that appropriations are available for that purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1735 and inserting the following new items: ``1735. Outpatient care and services for World War II veterans residing in the Philippines. ``1736. Definitions.''. SEC. 5. ELIGIBILITY FOR HOUSING LOANS. Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(6) The term `veteran' also includes an individual who is a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section) who resides in the United States.''. SEC. 6. EDUCATIONAL BENEFITS FOR SPOUSES AND DEPENDENTS. (a) Inclusion of Spouses.--Section 3565(a) of title 38, United States Code, is amended to read as follows: ``(a) The term `eligible person' as used in section 3501(a)(1) of this title includes the spouse, surviving spouse, and child of a Commonwealth Army veteran or a `New' Philippine Scouts in the same manner as a spouse, surviving spouse, and child of a person who meets the requirements of service-connected disability or death under such section, based on service as defined in section 3566 of this title.''. (b) Increase in Rates Payable for Dependents Residing in the United States.--Section 3565(b) of such title is amended-- (1) by striking ``children'' in the matter preceding paragraph (1) and inserting ``a spouse, surviving spouse, or child''; (2) by redesignating paragraph (2) as paragraph (3); (3) in paragraph (1) by striking ``, and'' and inserting ``in the case of a spouse, surviving spouse, or child residing in the Philippines,''; and (4) by inserting after paragraph (1) the following new paragraph: ``(2) notwithstanding section 3532(d) of this title, educational assistance allowances authorized by section 3532 of this title and the special training allowance authorized by section 3542 of this title shall be paid at the rate of $1.00 for each dollar in the case of a spouse, surviving spouse, or child residing in the United States, and''. SEC. 7. ELIGIBILITY FOR BENEFITS FOR JOB COUNSELING, TRAINING, AND PLACEMENT. (a) Veterans.--Section 4101(4) of title 38, United States Code, is amended by inserting before the period the following: ``, and includes a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section)''. (b) Dependents.--Section 4104(5) of such title is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``, or'' and (3) by adding at the end the following new subparagraph: ``(D) the spouse or child of a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section).''. SEC. 8. REPRESENTATION ON ADVISORY COMMITTEE ON MINORITY VETERANS. Section 544(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(D) The Secretary shall ensure that at least one member of the Committee each year is a Commonwealth Army veteran (as defined in subsection (a) of section 3566 of this title), or a new Philippine Scout (as defined in subsection (b) of such section).''.

Summary: Filipino Veterans Fairness Act - Makes former members of the Philippine Commonwealth Army or new Philippine Scouts who served with U.S. Armed Forces during World War II and became U.S. citizens or lawfully resided in the United States eligible for: (1) payment of compensation ($100 per month) for service-connected disability; (2) vocational rehabilitation as well as job counseling, training, and placement; and (3) veterans' housing loans made or guaranteed by the Department of Veterans Affairs. Directs the Secretary of Veterans Affairs to furnish outpatient health care at the Manila Outpatient Clinic in the Republic of the Philippines for such veterans residing in the Philippines. Makes spouses of such veterans eligible for veterans' educational assistance. Makes the rate of assistance for such spouses and children residing in the United States equal to the rate for the dependents of U.S. veterans. Makes such spouses and dependents eligible for job counseling, training, and placement benefits. Requires the Secretary to ensure that at least one member of the Advisory Committee on Minority Veterans is a Commonwealth Army veteran or new Philippine Scout.


SECTION 1. DEDUCTION FOR STUDENT LOAN PAYMENTS BY MEDICAL PROFESSIONALS PRACTICING IN RURAL AREAS. (a) Interest on Student Loans Not Treated as Personal Interest.-- Section 163(h)(2) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end thereof the following new subparagraph: ``(F) any qualified medical education interest (within the meaning of subsection (k)).''. (b) Qualified Medical Education Interest Defined.--Section 163 of the Internal Revenue Code of 1986 (relating to interest expenses) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Qualified Medical Education Interest of Medical Professionals Practicing in Rural Areas.-- ``(1) In general.--For purposes of subsection (h)(2)(F), the term `qualified medical education interest' means an amount which bears the same ratio to the interest paid on qualified educational loans during the taxable year by an individual performing services under a qualified rural medical practice agreement as-- ``(A) the number of months during the taxable year during which such services were performed, bears to ``(B) the number of months in the taxable year. ``(2) Dollar limitation.--The aggregate amount which may be treated as qualified medical education interest for any taxable year with respect to any individual shall not exceed $5,000. ``(3) Qualified rural medical practice agreement.--For purposes of this subsection-- ``(A) In general.--The term `qualified rural medical practice agreement' means a written agreement between an individual and an applicable rural community under which the individual agrees-- ``(i) in the case of a medical doctor, upon completion of the individual's residency (or internship if no residency is required), or ``(ii) in the case of a registered nurse, nurse practitioner, or physician's assistant, upon completion of the education to which the qualified education loan relates, to perform full-time services as such a medical professional in the applicable rural community for a period of 24 consecutive months. An individual and an applicable rural community may elect to have the agreement apply for 36 consecutive months rather than 24 months. ``(B) Special rule for computing periods.--An individual shall be treated as meeting the 24 or 36 consecutive month requirement under subparagraph (A) if, during each 12-consecutive month period within either such period, the individual performs full-time services as a medical doctor, registered nurse, nurse practitioner, or physician's assistant, whichever applies, in the applicable rural community during 9 of the months in such 12-consecutive month period. For purposes of this subsection, an individual meeting the requirements of the preceding sentence shall be treated as performing services during the entire 12-month period. ``(C) Applicable rural community.--The term `applicable rural community' means-- ``(i) any political subdivision of a State which-- ``(I) has a population of 5,000 or less, and ``(II) has a per capita income of $15,000 or less, or ``(ii) an Indian reservation which has a per capita income of $15,000 or less. ``(4) Qualified educational loan.--The term `qualified educational loan' means any indebtedness to pay qualified tuition and related expenses (within the meaning of section 117(b)) and reasonable living expenses-- ``(A) which are paid or incurred-- ``(i) as a candidate for a degree as a medical doctor at an educational institution described in section 170(b)(1)(A)(ii), or ``(ii) in connection with courses of instruction at such an institution necessary for certification as a registered nurse, nurse practitioner, or physician's assistant, and ``(B) which are paid or incurred within a reasonable time before or after such indebtedness is incurred. ``(5) Recapture.--If an individual fails to carry out a qualified rural medical practice agreement during any taxable year, then-- ``(A) no deduction with respect to such agreement shall be allowable by reason of subsection (h)(2)(F) for such taxable year and any subsequent taxable year, and ``(B) there shall be included in gross income for such taxable year the aggregate amount of the deductions allowable under this section (by reason of subsection (h)(2)(F)) for all preceding taxable years. ``(6) Definitions.--For purposes of this subsection, the terms `registered nurse', `nurse practitioner', and `physician's assistant' have the meaning given such terms by section 1861 of the Social Security Act.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (14) the following new paragraph: ``(15) Interest on student loans of rural health professionals.--The deduction allowable by reason of section 163(h)(2)(F) (relating to student loan payments of medical professionals practicing in rural areas).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Summary: Amends the Internal Revenue Code to allow an itemized deduction for personal interest paid on an education loan by a health care professional (medical doctor, registered nurse, nurse-practitioner, or physician's assistant) performing services in a rural community or on certain Indian reservations for at least 24 consecutive months under a written agreement. Limits such deduction to $5,000. Allows the computation of such deduction in determining adjusted gross income.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 2005''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, after providing notice and opportunity for public comment, the Administrator shall publish-- ``(A) a manual to assist small systems in obtaining assistance under this title; and ``(B) in the Federal Register, notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of an estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Financially Distressed Communities.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a financially distressed community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \1/2\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Principal Subsidization.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Principal Subsidization.-- ``(1) In general.--Subject to paragraph (2), in a case in which a State makes a loan under subsection (d)(1) to a financially distressed community, the State may provide additional subsidization to the loan recipient (including forgiveness of principal). ``(2) Limitation.--For each fiscal year, the total amount of loan subsidies made by a State under this subsection shall not exceed 30 percent of the amount of the capitalization grant received by the State for that fiscal year. ``(j) Information to Assist States.--The Administrator may publish information to assist States in establishing the affordability criteria referred to in subsection (l). ``(k) Priority.--In making a loan under this section, a State may give priority to a financially distressed community. ``(l) Definition of Financially Distressed Community.--In this section, the term `financially distressed community' means any community that meets affordability criteria that are-- ``(1) established by the State in which the community is located; and ``(2) developed after public review and comment.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$4,000,000,000 for each of fiscal years 2006 through 2010.''.

Summary: Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act. Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements. Directs the Administrator to assist states in establishing simplified procedures for small water systems (serving populations of 20,000 or less) to obtain assistance under the Act. Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; (4) financially distressed communities; and (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds. Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Workplace Advancement and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) provides a minimum salary requirement that would be-- (A) a 113 percent increase during the first year after the final rule takes effect from the salary threshold in effect on February 29, 2016; and (B) an increase that would set the Federal minimum salary threshold 20 percent higher than the minimum salary threshold under any State law effective on the date of enactment of this Act. (2) The Secretary significantly underestimated the cost of compliance with the July 6, 2015, proposed rule. Public comments calculate such rule will impose financial and non- financial costs substantially higher than those estimated by the Department. (3) According to the Office of Advocacy of the Small Business Administration, the initial regulatory flexibility analysis of the July 6, 2015, proposed rule required under section 603 of title 5, United States Code, failed to adequately identify the number of small entities affected by such rule and failed to address how such rule would affect regions with lower costs of living and differences in certain industries. On September 4, 2015, the Office of Advocacy of the Small Business Administration submitted comments to the Secretary regarding such rule, including recommendations to-- (A) reanalyze ``the economic impact of this rule on small businesses'', to ``provide a more accurate estimate of the small entities impacted by this proposal'', and to ``include an analysis of industry sub-sectors, regional differences, and revenue sizes''; (B) reanalyze ``the number of small non-profit organizations and small governmental jurisdictions . . . that are affected by this rule and the economic impact of this rule on these entities''; and (C) provide greater transparency with respect to ``compliance cost data'' and to ``utilize data provided in the comment process to accurately estimate the human resources and financial management costs of this regulation''. (4) The Secretary did not consider the potential impact of the July 6, 2015, proposed rule on workplace flexibility. Public comments address concerns that employees who are reclassified from exempt to nonexempt employees may no longer be able to participate in workplace flexibility arrangements and programs. (5) The Secretary did not analyze the potential impact of the July 6, 2015, proposed rule on companies that operate in multiple States with different costs of living and different salary scales, and the costs and unique complications for these employers associated with reclassifying thousands of employees in multiple States. (6) The July 6, 2015, proposed rule automatically updates the salary threshold on an annual basis for purposes of defining employees subject to the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) for all subsequent years, contrary to the requirement under such section that the definitions applicable for the exemption shall be ``defined and delimited from time to time by regulations of the Secretary''. The Secretary does not have the authority to increase the salary threshold on an annual or other basis without conducting notice and comment rulemaking with respect to each change in accordance with section 553 of title 5, United States Code. (7) Although not proposed in the July 6, 2015, proposed rule, the Secretary indicated that changes to the duties tests may be included in the final rule, without providing for notice and comment regarding the specific proposed revisions. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Labor. (2) July 6, 2015, proposed rule.--The term ``July 6, 2015, proposed rule'' means the proposed rule of the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (80 Fed. Reg. 38516 (July 6, 2015)) or the final rule with respect to such proposed rule. (3) Medicare or medicaid dependent health care provider.-- The term ``Medicare or Medicaid dependent health care provider'' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program under title XVIII of the Social Security Act, a State plan under the Medicaid program under title XIX of such Act, or both. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Small business; small entity; small government jurisdiction; small organization.--The terms ``small business'', ``small entity'', ``small government jurisdiction'', and ``small organization'' have the meanings given such terms in section 601 of title 5, United States Code. (6) Substantially similar rule.--The term ``substantially similar rule'' means any rule or proposed rule that is a reissuance of the July 6, 2015, proposed rule in substantially the same form as such rule, or is the issuance of a new rule or proposed rule that is substantially the same as the July 6, 2015, rule, including any rule that implements the provisions of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). SEC. 4. CONDITIONS PRECEDENT FOR SUBSTANTIALLY SIMILAR RULES. (a) Enforcement.-- (1) In general.--Beginning on the date of enactment of this Act, the July 6, 2015, proposed rule shall cease to have any force or effect. (2) Final rule.--In the case that the July 6, 2015, proposed rule is a final rule on the date of enactment of this Act-- (A) the Secretary shall not enforce the final rule based on conduct occurring before such date of enactment; (B) an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time prior to such date of enactment; (C) any regulations that were amended by such final rule shall be restored and revived as if the final rule had never taken effect; and (D) nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act that were in compliance with such final rule. (b) Conditions for Substantially Similar Rules.-- (1) In general.--The Secretary may promulgate any substantially similar rule, subject to paragraph (3), only if the Secretary has completed each action required under paragraph (2). (2) Requirements for substantially similar rules.--The actions required under this paragraph are the following: (A) The Secretary shall conduct an analysis of the impact of the substantially similar rule, including an initial regulatory flexibility analysis under section 603 of title 5, United States Code and assessments under clauses (i) through (iii) of section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note, relating to regulatory planning and review) to be provided to the Administrator of the Office of Information and Regulatory Affairs in accordance with such section, and that-- (i) accurately identifies the number of affected small entities by using specific data points from the most recent publication of the Statistics of U.S. Businesses by the Bureau of the Census; (ii) addresses regional, State, county (if applicable), metropolitan, and nonmetropolitan salary and cost of living differences; (iii) provides an analysis of any substantially similar rule, which shall include the percentile of full-time salaried workers affected, and such analysis shall be disaggregated by-- (I) State; (II) industry subsector; (III) small organizations; (IV) small government jurisdictions, including further disaggregation by school district; (V) nonprofit organizations; (VI) Medicare or Medicaid dependent health care providers; and (VII) small businesses; (iv) provides an analysis of management and human resource costs for all employers, including costs associated with changing human resource systems, reclassifying employees, and extra hours spent scheduling employees; (v) provides an analysis of the impact on lower-wage industries, including by geographic area; (vi) provides an analysis of all non- financial costs, including impact on employment, workplace flexibility, employee benefit structure for exempt and nonexempt workers, career advancement opportunities, new business formation, business termination, and loss of market share to foreign competition; and (vii) includes a complete description of any significant alternative as described in section 603(c) of title 5, United States Code, to the substantially similar rule. (B) The Secretary shall publish not less than one small entity compliance guide under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) to assist small entities in complying with the substantially similar rule. (C) The Secretary shall provide notice of the substantially similar rule in the Unified Agenda of Federal Regulatory and Deregulatory Actions, compiled by the Regulatory Information Service Center of the General Services Administration. (D) The Secretary shall ensure that the effective date for any final rule with respect to the substantially similar rule shall not be less than 1 year after the publication of such final rule in the Federal Register. (E) The Secretary shall comply with the notice and comment requirements under section 553 of title 5, United States Code, and provide a comment period of not less than 120 days. (3) Automatic updates.--Any substantially similar rule promulgated by the Secretary shall not contain any automatic updates to the salary threshold for purposes of the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), in accordance with section 5. SEC. 5. RULE OF CONSTRUCTION. The requirement under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) that the definitions applicable for the exemption under such section be ``defined and delimited from time to time by regulations of the Secretary'' shall be construed to-- (1) require the Secretary to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each change in any salary threshold under such section 13(a)(1) proposed by the Secretary; and (2) exclude any rule that would result in changes to any salary threshold under such section for multiple time periods, including through any automatic updating procedure. SEC. 6. REQUIREMENTS FOR DUTIES TESTS. The Secretary may not promulgate any final rule that includes any provision revising any of the duties tests provided in part 541 of title 29, Code of Federal Regulations (or any successor regulation), for exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) unless specific regulatory text for the provision was proposed in the proposed rule.

Summary: Protecting Workplace Advancement and Opportunity Act This bill declares that the proposed or the final rule of the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. The rule revises the "white collar" exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA). If the proposed rule is a final rule on the date of enactment of this bill: Labor shall not enforce it based on conduct occurring before that enactment date, an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date, any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule. Labor may promulgate any substantially similar rule only if it has completed certain required actions; but the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA. The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to: require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed; and exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure. Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Sierra Rural Heritage and Economic Enhancement Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means-- (1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. SEC. 3. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the following areas in the State of California are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Hoover wilderness addition.-- (A) Designation.--Certain land in the Humboldt- Toiyabe National Forest, comprising approximately 39,680 acres, as generally depicted as Area C on the map entitled ``Hoover Proposed Wilderness Addition'' and dated August 8, 2005, is incorporated in, and shall be deemed to be a part of the Hoover Wilderness as designated by Public Law 88-577. (B) Operation and maintenance of piute cabin.--The designation under subparagraph (A) shall not preclude operation and maintenance of the existing historic Piute Cabin, located in the western portion of the Hoover Wilderness Addition, in the same manner and degree in which operation and maintenance of such cabin were occurring as of the date of introduction of this Act. (C) No restriction on certain activities.--The designation under subparagraph (A) is not intended to restrict the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on lands outside the wilderness under agreement with the Secretary. (2) Emigrant wilderness addition.--Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 640 acres, as generally depicted as Area D on the map entitled ``Hoover Proposed Wilderness Addition'' and dated August 8, 2005, is incorporated in, and which shall be deemed to be a part of the Emigrant Wilderness as designated by Public Law 88- 577. SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. (a) Management.--Subject to valid existing rights, each area designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) except that-- (1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness. (b) Map and Description.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by this Act with-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. (c) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area designated by this Act that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.) and any other applicable law. (d) Withdrawal.--Subject to valid rights in existence on the date of the enactment of this Act, the Federal land designated as wilderness by this Act is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (e) Fire, Insect, and Disease Management Activities.-- (1) In general.--The Secretary may take such measures in the wilderness areas designated by this act as are necessary for the control and prevention of fire, insects, and diseases, in accordance with-- (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (B) House Report No. 98-40 of the 98th Congress. (2) Review.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall review existing policies applicable to the wilderness areas designated by this Act to ensure that authorized approval procedures for any fire management measures allow a timely and efficient response to fire emergencies in the wilderness areas. (f) Snow Sensors and Stream Gauges.--If the Secretary determines that hydrologic, meteorologic, or climatological instrumentation is appropriate to further the scientific, educational, and conservation purposes of the wilderness areas designated by this Act, nothing in the Act shall prevent the installation and maintenance of the instrumentation within the wilderness areas. (g) Military Activities.--Nothing in this Act precludes low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over wilderness areas designated by this Act. (h) Livestock.--Grazing of livestock and the maintenance of existing facilities related to grazing in the wilderness areas designated by this Act, established before the date of the enactment of this Act shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (i) Fish and Wildlife Management.-- (1) In general.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore populations and habitats for fish and wildlife in wilderness areas designated by this Act if such activities are-- (A) consistent with applicable wilderness management plans; and (B) carried out in accordance with applicable guidelines and policies. (2) State jurisdiction.--Nothing in this Act affects the jurisdiction of the State of California with respect to fish and wildlife on public land. (j) Adjacent Management.-- (1) In general.--Nothing in this Act creates protective perimeters or buffer zones around the wilderness areas designated by this Act. (2) Non-wilderness activities.--The fact that non- wilderness activities or uses can be seen or heard from areas within a wilderness area designated by this Act shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. WILD AND SCENIC RIVER DESIGNATION. (a) Designation of the Amargosa Wild and Scenic River, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(167) Amargosa river, california.--The following segments of the Amargosa River in the State of California, to be administered by the Secretary of Interior: ``(A) The approximately 4.03 miles of the Amargosa River from the northern boundary of section 7 T21N R7E to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river. ``(B) The approximately 6.69 miles of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river. ``(C) The approximately 7.82 miles of the Amargosa River from the northern boundary of section 16 T20N R7E to the boundary of the Kingston Range Wilderness excluding the Sperry Wash OHV corridor in section 10 T19N R7E, as a wild river. ``(D) The approximately 5.41 miles of the Amargosa River from the boundary of the Kingston Range Wilderness in section 10 T19N R7E to the southern boundary of section 31 T19N R7E, as a recreational river.''. SEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE NATIONAL FOREST. There is authorized to be appropriated $2,000,000 annually to the Secretary of Agriculture for management and enforcement of snowmobile use in areas adjacent to the Hoover Wilderness Addition in the Humboldt-Toiyabe National Forest.

Summary: Eastern Sierra Rural Heritage and Economic Enhancement Act - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in the Humboldt-Toiyabe National Forest, which shall be deemed part of the Hoover Wilderness and Emigrant Wilderness. Authorizes appropriations for management and enforcement of snowmobile use on such lands. Amends the Wild and Scenic Rivers Act to designate specified segments of the the Amargosa River, California, as a component of the national wild and scenic rivers system.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cocopah Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The reservation of the Cocopah Tribe of Arizona is located in Yuma County, Arizona. (2) That reservation was created by an Executive order signed by President Woodrow Wilson in 1917. (3) The Tribe's land holdings are located within 3 noncontiguous reservations comprising a total of approximately 6,226.3 acres of trust land. (4) The Tribe purchased the additional lands to provide infrastructure to housing areas, water, and economic development to tribal members. (5) The current trust land base of the reservation is insufficient to provide such needs. (6) The Tribe acquired 7 parcels of land contiguous to its present reservation lands in 1986, 1993, 1997, and 2005, and these parcels are currently classified as ``Tribal fee lands'' under Federal law. (7) The acquired parcels shall not be taken into trust for gaming purposes. (8) The best means of solving the Tribe's land and economic needs to its tribal members is to require the Secretary to take lands in Yuma County, Arizona, that are acquired by the Tribe into trust for the Tribe subject to the provisions of this Act. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) Lands To Be Taken Into Trust.--If the Tribe transfers title to the land described in subsection (b) to the Secretary, the Secretary shall take that land into trust for the benefit of the Tribe, if at the time of such transfer there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to such land, including outstanding liens, mortgages, or taxes owed. (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/4\ of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, except that portion of the SW\1/4\ of the NW\1/4\, of said Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north right-of-way line of the Bureau of Reclamation levee. (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/4\ of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (3) Parcel 3 (mcdaniel purchase 1993).--That part of the E\1/2\ of the SE\1/4\, lying south of the East Main Bureau of Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (4) Parcel 4 (holland purchase 1997).--That portion of the NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal; except the north 220 feet. (5) Parcel 5 (holland purchase 1997).--An easement over the easterly 15 feet of the north 220 feet of that portion of the NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal for irrigation purposes. (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, Sec. 29, and Lots 16 and 17 and the N\1/2\ of the SW\1/4\ of the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San Bernardino Meridian, Yuma County, Arizona, according to the dependent resurvey of the Bureau of Land Management, accepted December 9, 1960. (7) Parcel 7 (speed way purchase 2005).--That portion of the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying south and east of the East Main Canal; except the south 33 feet thereof; except one-third interest in and to all mineral rights, as reserved in the deed recorded in Docket 1461, page 600, records of Yuma County, Arizona. (c) Lands To Be Made Part of the Reservation.--Land taken into trust pursuant to subsection (a) shall be considered to be part of the Tribe's initial reservation. (d) Service Area.--For the purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be Yuma County, Arizona. (e) Gaming Prohibited.--Land taken into trust for the benefit of the Tribe under this Act shall not be used for gaming under the Indian Gaming Regulatory Act. Passed the House of Representatives July 30, 2007. Attest: LORRAINE C. MILLER, Clerk.

Summary: Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Designates Yuma county, Arizona, to be the Tribe's service area for the delivery of federal services to enrolled members of the Tribe. Prohibits its use for gaming under the Indian Gaming Regulatory Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Icebreaker Fund Act of 2015''. SEC. 2. NATIONAL ICEBREAKER FUND. (a) Establishment of Fund.--Chapter 15 of title 14, United States Code, is amended-- (1) by redesignating subchapter III as subchapter IV; (2) by redesignating section 581 as section 591; and (3) by inserting after chapter II the following: ``SUBCHAPTER III--ICEBREAKERS ``Sec. 581. National Icebreaker Fund ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the `National Icebreaker Fund'. ``(b) Use.-- ``(1) Authorized purposes.--Amounts in the Fund shall be available for obligation and expenditure by the Secretary only for the following purposes: ``(A) Construction, alteration, and renovation of icebreakers for the Coast Guard, including design work related to construction, alteration, and renovation. ``(B) Lease or charter of icebreakers for the Coast Guard. ``(2) Authorization required.--Amounts in the Fund may be obligated or expended only in amounts authorized by law. ``(c) Deposits.--There shall be deposited in the Fund the following: ``(1) All funds appropriated to the department in which the Coast Guard is operating for-- ``(A) construction, alteration, and renovation of icebreakers, including design work related to construction, alteration, and renovation; or ``(B) lease or charter of icebreakers. ``(2) All receipts from the disposition of icebreakers by the Federal Government. ``(3) Unobligated funds that are transferred to the Fund under subsection (d). ``(4) Contributions of money, and proceeds of other contributions, accepted under subsection (e). ``(5) All funds appropriated to the Department of Defense or any other Federal agency for-- ``(A) construction, alteration, and renovation of icebreakers, including design work related to construction, alteration, and renovation; or ``(B) lease or charter of icebreakers. ``(d) Transfers.--At the end of any fiscal year, the Secretary may transfer to the Fund any unobligated funds remaining from funds under the administrative control of the Secretary. ``(e) Acceptance of Support.-- ``(1) In general.--The Secretary may accept from any person, foreign government, or international organization any contribution of money, personal property, or assistance in-kind for support of icebreaking in the polar regions. ``(2) Use.--Any contribution accepted under paragraph (1) may be retained and used by the Secretary of the department in which the Coast Guard is operating or disposed of in accordance with procedures prescribed by the Secretary, subject to the limitations in subsection (f) and paragraph (3) of this subsection. ``(f) Limitations on Use of Funds.-- ``(1) Foreign vessels.--Amounts in the Fund may not be used to lease, charter, construct, alter, renovate, or in any other way acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law. ``(2) Construction, alteration, and renovation in united states; vessel design requirements.--Amounts in the Fund may not be used to construct, alter, or renovate a vessel in any shipyard other than a shipyard in the United States. ``(3) Purpose of expenditures.--The Secretary may-- ``(A) expend from the Fund amounts deposited under paragraphs (1), (2), and (3) of subsection (c), only for the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic; and ``(B) expend from the Fund the amounts deposited under paragraphs (4) and (5) of subsection (c), for-- ``(i) activities described in subparagraph (A); or ``(ii) additional capabilities that are-- ``(I) necessary to carry out national defense missions; or ``(II) for missions related to research and resupply in the Antarctic. ``(g) Expiration of Appropriated Funds After 10 Years.--No part of an appropriation that is deposited in the Fund under subsection (c)(1) shall remain available for obligation more than 10 years after the end of fiscal year for which appropriated, except to the extent specifically provided by law. ``(h) Budget Requests.--Budget requests submitted to Congress for the Fund shall separately identify-- ``(1) the amount requested for programs, projects, and activities for construction, alteration, and renovation of icebreakers; and ``(2) the amount requested for programs, projects, and activities for lease or charter of icebreakers; ``(i) Definitions.--In this section: ``(1) The term `Fund' means the National Icebreaker Fund established by subsection (a). ``(2) The term `icebreaker' means an icebreaker capable of operations in polar regions.''. (b) Clerical Amendment.--The analysis for such chapter is amended by striking the items relating to subchapter III and inserting the following: ``subchapter iii. icebreakers ``Sec. 581. National Icebreaker Fund ``subchapter iv. definitions ``Sec. 591. Definitions.''. SEC. 3. INTERNATIONAL AGREEMENT. The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of State and the Director of the National Science Foundation, shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker capable of performing such services.

Summary: National Icebreaker Fund Act of 2015 This bill establishes the National Icebreaker Fund, which shall be available for obligation and expenditure only for construction, alteration, renovation, and the lease or charter of icebreakers for the Coast Guard. There shall be deposited into the Fund: (1) all funds appropriated to any federal agency for construction, alteration, renovation, or the lease or charter of icebreakers; and (2) all receipts from the disposition of icebreakers by the federal government. Amounts in the Fund may not be used to: (1) lease, charter, construct, alter, renovate, or otherwise acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law; or (2) construct, alter, or renovate a vessel in any shipyard other than a U.S. shipyard. Amounts in the Fund may be expended for: (1) the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic; and (2) additional capabilities that are necessary to carry out national defense missions or for missions related to research and resupply in the Antarctic. The Secretary of the department in which the Coast Guard is operating shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Marshals Service 225th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States Marshals Service, the first law enforcement agency in America, was established under section 27 of the Act entitled ``Chapter XX.--An Act to Establish the Judicial Courts of the United States'' and enacted on September 24, 1789 (commonly referred to as the ``Judiciary Act of September 24, 1789''), during the 1st Session of the 1st Congress, and was signed into law by the 1st President of the United States, George Washington; (2) George Washington had carefully considered the appointments to the Judicial branch long before the enactment of the Judiciary Act of September 24, 1789, and appointed the first 13 United States Marshals on September 26, 1789, 2 days after signing the Act into law; (3) the United States Marshals Service has had major significance in the history in the United States and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government; (4) one of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process; (5) the United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service; (6) in 2008, the United States Marshals Service established a 225th Anniversary Committee to ensure a suitable national observance of the United States Marshals Service 225th Anniversary, to take place on or about September 24, 2014, to support and facilitate marketing efforts for a commemorative coin and related activities for the United States Marshals Service 2014 observances; (7) a commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest law enforcement agency; (8) the United States should pay tribute to the Nation's oldest law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins in accordance with this Act; and (9) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of several national monuments, museums, and charitable organizations, including the United States Marshals Service National Museum, the National Law Enforcement Museum and Memorial, and the Center for Missing and Exploited Children. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 142,000 $5 gold coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 503,000 $1 coins of each of the designs specified in section 4(a)(3)(B), which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage Level Coordination.--Section 5112(m)(2)(A) of title 31, United States Code, shall not apply to any mintage levels authorized under subsection (a). SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2014-2015''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $5 gold coins.-- (i) Obverse.--The obverse of the $5 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Reverse.--The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty. (iii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of the $5 coins issued under this Act shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $5 coins issued under this Act shall be in high relief. (B) $1 silver coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (4) Realistic and historically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Director of the United States Marshals Service, the Historian of the United States Marshals Service, and the Commission of Fine Arts; and (2) reviewed by-- (A) the Citizens Coin Advisory Committee; and (B) the United States Marshals Service 225th Anniversary Committee, a panel to be formed consisting of administrative and operational members of the United States Marshals Service, past or present. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins to the public minted under this Act beginning on September 24, 2014, the 225th anniversary date of the United States Marshals Service, except for a limited number to be issued prior to such date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. Coins issued under this Act shall be treated as a coin program for calendar year 2015 for purposes of section 5112(m)(1) of title 31, United States Code. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (3) United states marshals service employees.--To the extent possible, the Secretary shall make arrangements to ensure that current, former, and retired employees of the United States Marshals Service, names to be verified by the Director thereof, or the designee thereof, have an exclusive defined period of time to place prepaid orders under paragraph (1) at the same reasonable discount referred to in paragraph (2). (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary determines appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $5 gold and the $1 silver coins. The presentation case should bear a depiction of the current badge of the United States Marshals Service. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly distributed as follows: (1) The first $5,000,000 available for distribution under this section to the Director of the United States Marshals Service National Museum located in Fort Smith, Arkansas, for the preservation, maintenance, and display of artifacts and documents of the United States Marshals Service. (2) Of amounts available for distribution after the payment under paragraph (1)-- (A) $1,000,000 to the National Center for Missing and Exploited Children located in Washington, DC; (B) $1,000,000 to the National Law Enforcement Officers Memorial Fund located in Washington, DC, in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (C) $1,000,000 to the Federal Law Enforcement Officers Association; (D) $500,000 to the William ``Bill'' Degan Scholarship Fund, which provides scholarships for spouses and children of law enforcement officers killed in the line of duty; (E) $500,000 to the Robert D. May Scholarship Fund, which provides scholarships for spouses and children of law enforcement officer killed in the line of duty; (F) $500,000 to the Community Oriented Policing Service; and (G) $500,000 to the United States Marshals Service Association, a charitable organization under section 501(c)(3) of the Internal Revenue Code of 1986, located in Miami, Florida. (c) Audits.--All organizations, associations, and funds under this Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $5 gold coins authorized under this Act, at a price that the Secretary determines to be appropriate.

Summary: United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children; (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (3) $1 million to the Federal Law Enforcement Officers Association; (4) $500,000 to the William "Bill" Degan Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (5) $500,000 to the Robert D. May Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (6) $500,000 to the Community Oriented Policing Service; and (7) $500,000 to the Retired United States Marshals Service Association. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.


SECTION 1. AGREEMENT TO ESTABLISH BINATIONAL COMMISSION. The President is authorized and encouraged to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. SEC. 2. DUTIES. It should be the duty of the Commission-- (1) to conduct a comprehensive needs assessment in the United States-Mexico border area for the purposes of identifying, evaluating, preventing, and resolving health problems that affect the general population of the area; (2) to implement the actions recommended by the needs assessment by-- (A) assisting in the coordination of the efforts of public and private persons to prevent and resolve such health problems, (B) assisting in the coordination of the efforts of public and private persons to educate such population concerning such health problems, and (C) developing and implementing programs to prevent and resolve such health problems and to educate such population concerning such health problems where a program is necessary to meet a need that is not being met by the efforts of other public or private persons; and (3) to formulate recommendations to the Governments of the United States and Mexico concerning a fair and reasonable method by which the government of one country would reimburse a public or private person in the other country for the cost of a health care service that the person furnishes to a citizen or resident alien of the first country who is unable, through insurance or otherwise, to pay for the service. SEC. 3. OTHER AUTHORIZED FUNCTIONS. In addition to the duties described in section 2, the Commission should be authorized to perform the following additional functions as the Commission determines to be appropriate: (1) To conduct or sponsor investigations, research, or studies designed to identify, study, and monitor health problems that affect the general population in the United States-Mexico border area. (2) To provide financial, technical, or administrative assistance to public or private persons who act to prevent, resolve, or educate such population concerning such health problems. SEC. 4. MEMBERSHIP. (a) Number and Appointment of United States Section.--The United States section of the Commission should be composed of 13 members. The section should consist of the following members: (1) The Secretary of Health and Human Services or such individual's delegate. (2) The commissioners of health from the States of Texas, New Mexico, California, and Arizona or such individuals' delegates. (3) 2 individuals from each of the States of Texas, New Mexico, California, and Arizona who are nominated by the chief executive officer of one of such States and are appointed by the President from among individuals-- (A) who have a demonstrated interest in health issues of the United States-Mexico border area; and (B) whose name appears on a list of 6 nominees submitted to the President by the chief executive officer of the State where the nominees resides. (b) Commissioner.--The Commissioner of the United States section of the Commission should be the Secretary of Health and Human Services or such individual's delegate to the Commission. The Commissioner should be the leader of the section. SEC. 5. REGIONAL OFFICES. The Commission should establish no fewer than 2 regional border offices in locations selected by the Commission. SEC. 6. REPORTS. Not later than February 1 of each year that occurs more than 1 year after the date of the establishment of the Commission, the Commission should submit an annual report to both the United States Government and the Government of Mexico regarding all activities of the Commission during the preceding calendar year. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the United States-Mexico Border Health Commission authorized in section 1. (2) Health problem.--The term ``health problem'' means a disease or medical ailment or an environmental condition that poses the risk of disease or medical ailment. The term includes diseases, ailments, or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent vectors, disposal of solid and hazardous waste, and control and monitoring of air and water quality. (3) Resident alien.--The term ``resident alien'', when used in reference to a country, means an alien lawfully admitted for permanent residence to the country or otherwise permanently residing in the country under color of law (including residence as an asylee, refugee, or parolee). (4) United states-mexico border area.--The term ``United States-Mexico border area'' means the area located in the United States and Mexico within 100 kilometers of the border between the United States and Mexico.

Summary: Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; (2) coordinate public and private entities to educate the population about, and resolve, such health problems and develop programs to meet needs that are not being met by such persons; and (3) formulate recommendations for a fair method by which the government of one country would reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service.


SECTION 1. PURPOSES. The purposes of this Act are as follows: (1) To grow the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States. (2) To increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers. (3) To build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 2. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High need.--The term ``high need'', when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers. SEC. 3. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 4. GRANT REQUIREMENTS. In carrying out the grant program under section 3, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this Act-- (1) to provide highly qualified teachers to high need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial number and percentage of underserved students. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to the teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing the teachers in schools and positions designated by partner local educational agencies as high need placements serving underserved students. (4) Providing ongoing professional development activities for the teachers' first 2 years in the classroom, including regular classroom observations and feedback, and ongoing training and support. (b) Limitation.--The grantee shall use all grant funds received under this Act to support activities related directly to the recruitment, selection, training, and support of teachers as described in subsection (a). SEC. 6. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and quality of the teachers provided to local educational agencies through a grant under this Act; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the teachers chosen, the training the teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.-- (1) In general.--The Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this Act. (2) Achievement gains compared.--The study shall compare, within the same schools, the achievement gains made by students taught by teachers who are assisted under this Act with the achievement gains made by students taught by teachers who are not assisted under this Act. (3) Requirements.--The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple placement sites and multiple schools within placement sites. (4) Peer review standards.--Each such study shall meet the peer review standards of the education research community. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and an amount not to exceed $25,000,000 for each succeeding fiscal year.

Summary: Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``EQIP Improvement Act of 2018''. SEC. 2. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM REFORMS. (a) In General.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended-- (1) in subsection (d), by striking paragraph (2) and inserting the following: ``(2) Limitation on payments.--A payment to a producer for performing a practice may not exceed, as determined by the Secretary-- ``(A) except as provided in subparagraphs (B) through (D), 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; ``(B) 40 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training for-- ``(i) an access road; ``(ii) an animal mortality facility; ``(iii) an aquaculture pond; ``(iv) clearing and snagging; ``(v) a dam; ``(vi) a dam using a diversion; ``(vii) a dike; ``(viii) a diversion; ``(ix) a fish raceway or tank; ``(x) an irrigation pipeline; ``(xi) an irrigation reservoir; ``(xii) land clearing; ``(xiii) land smoothing; ``(xiv) a livestock pipeline; ``(xv) obstruction removal; ``(xvi) a pond; ``(xvii) a pumping plant; ``(xviii) spoil spreading; ``(xix) a surface drain using a field ditch; ``(xx) a main or lateral surface drain; ``(xxi) a vertical drain; ``(xxii) a waste facility closure; ``(xxiii) a waste storage facility; ``(xxiv) waste transfer; or ``(xxv) a waste treatment lagoon; ``(C) 100 percent of income foregone by the producer; or ``(D) in the case of a practice that includes one or more elements described in subparagraphs (A) through (C)-- ``(i) 75 percent of the costs incurred with respect to any elements described in subparagraph (A); ``(ii) 40 percent of the costs incurred with respect to any elements described in subparagraph (B); and ``(iii) 100 percent of the income forgone with respect to any elements described in subparagraph (C).''; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through ``For each'' in paragraph (2) and inserting the following: ``(f) Allocation of Funding for Wildlife Habitat.--For each''. (b) Limitation on Payments.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``$450,000'' and inserting ``$150,000''. (c) Program Reforms.--Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa-6) is amended-- (1) in the matter preceding paragraph (1), by striking ``To the extent'' and inserting the following: ``(a) Producer Assistance.--To the extent''; and (2) by adding at the end the following: ``(b) Program Reforms.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall-- ``(1) coordinate the program with the conservation effects assessments carried out by the Secretary-- ``(A) to ensure that the conservation effects assessments consider the practical limitations and costs and benefits encountered by the Secretary in implementing the program; and ``(B) to use information collected through conservation effects assessments carried out by the Secretary to direct funds of the program to contracts that will optimize environmental benefits; and ``(2) revise guidance issued to States with regards to allocation processes of program funds within the States to provide that, in determining the allocation of program funds within a State, the State should use data regarding environmental concerns, if available, as a primary factor to prioritize projects.''. (d) High-Priority Practices.-- (1) Definition of high-priority practice.--Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended-- (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (B) by inserting after paragraph (1) the following: ``(2) High-priority practice.-- ``(A) In general.--The term `high-priority practice' means a land management practice or vegetative practice that, as determined by the Secretary, is a cost-effective means of addressing the most pressing specific impairments that threaten to degrade or impair-- ``(i) water quality; ``(ii) water quantity; ``(iii) soil or related natural resources within a local watershed; or ``(iv) a specific natural resource boundary. ``(B) Inclusions.--The term `high-priority practice' includes the planning, design, materials, equipment, installation, labor, management, maintenance, or training for-- ``(i) conservation cover; ``(ii) conservation crop rotation; ``(iii) cover crops; ``(iv) critical area planting; ``(v) a filter strip; ``(vi) nutrient management; ``(vii) prescribed grazing; ``(viii) residue and tillage management using no till; ``(ix) a riparian forest buffer; ``(x) a riparian herbaceous cover; and ``(xi) tree and shrub establishment.''. (2) Prioritization of applications.--Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended-- (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following-- ``(1) that consist only of the performance of one or more high-priority practices;''. (e) Report to Congress.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(j) Annual Report to Congress.--Not less frequently than once each year, the Secretary shall submit to Congress a report describing-- ``(1) the amount obligated under the program with respect to each category of practice, with information categorized by fiscal year and State; and ``(2) the amount obligated under the program in each State, with information categorized by fiscal year and the size of the operation of each producer.''.

Summary: EQIP Improvement Act of 2018 This bill amends the Food Security Act of 1985 to modify the Department of Agriculture (USDA) Environmental Quality Incentives Program (EQIP). (EQIP provides financial and technical assistance for agricultural producers and land owners to implement certain conservation practices.) The bill modifies EQIP to: reduce the maximum federal cost-share from 75% to 40% for specified practices, repeal the requirement for at least 60% of the funds made available for EQIP payments to be targeted at practices relating to livestock production, and reduce the five-year EQIP payment cap from $450,000 to $150,000. The bill also requires USDA to: (1) coordinate the program with the conservation effects assessments carried out by USDA, and (2) revise the guidance issued to states for allocating funds to require data regarding environmental concerns to be used as a primary factor to prioritize projects. USDA must prioritize EQIP applications that consist only of the performance of certain land management or vegetative practices that are a cost-effective means of addressing the most pressing impairments that threaten to degrade or impair water quality, water quantity, soil or related natural resources within a local watershed, or a specific natural resource boundary.


SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE AIR CARRIER COMPETITION AT AIRPORTS. Section 41712 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``On the initiative''; and (2) by adding at the end the following: ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate Air Carrier Competition at Airports.-- ``(1) In general.--If the Secretary receives a petition submitted by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of 1 or more persons, including governmental entities, with respect to an airport) claiming that fares for scheduled air transportation at the airport are unreasonably high, or that competition between air carriers at the airport is inadequate, the Secretary shall investigate and hold a public hearing on the petition before the expiration of the 90-day period beginning on the date of receipt of the petition. ``(2) Location of hearing.--A public hearing under paragraph (1) shall be held in the community served by the airport if requested in the petition and if practicable. ``(3) Information to be provided by air carriers.--An air carrier providing air transportation at the airport shall provide to the Secretary pursuant to section 41708 such information concerning fares for air transportation and air service at the airport as the Secretary considers necessary to making findings in response to the petition. ``(4) Opportunity to testify.--A sponsor of an airport or an attorney general of a State submitting a petition under paragraph (1), and each air carrier providing air transportation at the airport, shall be provided an opportunity to testify at the public hearing conducted with respect to the petition. The Secretary may also take testimony from other interested persons and shall consider all written petitions received in response to each petition. ``(5) Findings.--Not later than 60 days after the date on which a public hearing is convened with respect to a petition submitted under this subsection, the Secretary shall issue written findings in response to the issues raised in the petition, including, at a minimum, findings as to-- ``(A) subject to paragraph (8), whether fares for air transportation at the airport are substantially higher than at comparable airports in the Nation; ``(B) whether air carrier costs to provide air transportation at the airport appear substantially higher than at comparable airports; ``(C) whether barriers to entry are discouraging or preventing other air carriers from initiating competitive air transportation at the airport; ``(D) whether marketing practices described in subsection (c) or other air carrier practices are contributing to such barriers to entry or are otherwise resulting in higher air carrier costs or higher fares for air transportation; and ``(E) as appropriate, whether any programs under the Secretary's authority could be helpful to airports in marketing their facilities to air carriers, reducing fares for air transportation, or minimizing barriers to entry by other air carriers seeking to provide air transportation at the airport. ``(6) Subsequent petitions.--If the Secretary receives a petition under this section with respect to an airport for which the Secretary has previously conducted an investigation and public hearing under this subsection, the Secretary may decide not to conduct a subsequent investigation and public hearing in response to the new petition. In deciding whether to conduct the investigation and public hearing, the Secretary shall consider whether changed circumstances may have limited the continuing validity of the Secretary's previous findings with respect to the airport. ``(7) Reports to congress.--Not later than 180 days after the date of enactment of this subsection, and at the end of each 180-day period thereafter, the Secretary shall transmit to Congress a report on the results of the investigations, if any, completed under this subsection during that period. ``(8) Limitation on statutory construction.--Nothing in this subsection may be construed to authorize the Secretary to set or invalidate any fare for air transportation. ``(c) Marketing Practices That Adversely Affect Air Carrier Competition.-- ``(1) Review.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports, including-- ``(A) marketing arrangements between air carriers and travel agents; ``(B) code-sharing partnerships; ``(C) frequent flyer incentive programs and restrictions on purchases of frequent flyer mileage by other air carriers; ``(D) computer reservation system displays; ``(E) gate arrangements at airports; ``(F) exclusive dealing arrangements; and ``(G) any other marketing practices that may have similar impacts. ``(2) Regulations.--If the Secretary finds, after conducting the review required by paragraph (1), that 1 or more marketing practices of air carriers inhibit the availability of quality, affordable air transportation services at commercial service airports, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations to address the marketing practices.''.

Summary: Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of one or more persons, including governmental entities, with respect to an airport) claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition; and (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.