SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Desalination Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) Desalination or desalting.--The terms ``desalination'' or ``desalting'' mean the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes. (2) Saline water.--The term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water. (3) United states.--The term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (4) Usable water.--The term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES. (a) In General.--In order to determine the most cost-effective and technologically efficient means by which usable water can be produced from saline water or water otherwise impaired or contaminated, the Secretary is authorized to award grants and to enter into contracts, to the extent provided in advance in appropriation Acts, to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Awards of research grants and contracts under this section shall be made on the basis of a competitive, merit-reviewed process. Research and study topics authorized by this section include-- (1) investigating desalination processes; (2) ascertaining the optimum mix of investment and operating costs; (3) determining the best designs for different conditions of operation; (4) investigating methods of increasing the economic efficiency of desalination processes through dual-purpose co-facilities with other processes involving the use of water; (5) conducting or contracting for technical work, including the design, construction, and testing of pilot systems and test beds, to develop desalting processes and concepts; (6) studying methods for the recovery of byproducts resulting from desalination to offset the costs of treatment and to reduce environmental impacts from those byproducts; and (7) salinity modeling and toxicity analysis of brine discharges, cost reduction strategies for constructing and operating desalination facilities, and the horticultural effects of desalinated water used for irrigation. (b) Project Recommendations and Reports to the Congress.--As soon as practicable and within three years after the date of enactment of this Act, the Secretary shall recommend to Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of research and studies conducted under the authority of this section. Recommendations for projects shall be accompanied by reports on the engineering and economic feasibility of proposed projects and their environmental impacts. (c) Authority To Engage Others.--In carrying out research and studies authorized in this section, the Secretary may engage the necessary personnel, industrial or engineering firms, Federal laboratories, water resources research and technology institutes, other facilities, and educational institutions suitable to conduct investigations and studies authorized under this section. (d) Alternative Technologies.--In carrying out the purposes of this Act, the Secretary shall ensure that at least three separate technologies are evaluated and demonstrated for the purposes of accomplishing desalination. SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT. (a) In General.--In order to further demonstrate the feasibility of desalination processes investigated either independently or in research conducted pursuant to section 3, the Secretary shall administer and conduct a demonstration and development program for water desalination and related activities, including the following: (1) Desalination plants and modules.--Conduct or contract for technical work, including the design, construction, and testing of plants and modules to develop desalination processes and concepts. (2) Byproducts.--Study methods for the marketing of byproducts resulting from the desalting of water to offset the costs of treatment and to reduce environmental impacts of those byproducts. (3) Economic surveys.--Conduct economic studies and surveys to determine present and prospective costs of producing water for beneficial purposes in various locations by desalination processes compared to other methods. (b) Cooperative Agreements.--Federal participation in desalination activities may be conducted through cooperative agreements, including cost-sharing agreements, with non-Federal public utilities and State and local governmental agencies and other entities, in order to develop recommendations for Federal participation in processes and plants utilizing desalting technologies for the production of water. SEC. 5. AVAILABILITY OF INFORMATION. All information from studies sponsored or funded under authority of this Act shall be considered public information. SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary may-- (1) accept technical and administrative assistance from States and public or private agencies in connection with studies, surveys, location, construction, operation, and other work relating to the desalting of water, and (2) enter into contracts or agreements stating the purposes for which the assistance is contributed and providing for the sharing of costs between the Secretary and any such agency. SEC. 7. COST SHARING. The Federal share of the cost of a research, study, or demonstration project or a desalination development project or activity carried out under this Act shall not exceed 50 percent of the total cost of the project or research or study activity. A Federal contribution in excess of 25 percent for a project carried out under this Act may not be made unless the Secretary determines that the project is not feasible without such increased Federal contribution. The Secretary shall prescribe appropriate procedures to implement the provisions of this section. Costs of operation, maintenance, repair, and rehabilitation of facilities funded under the authority of this Act shall be non-Federal responsibilities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Section 3.--There are authorized to be appropriated to carry out section 3 of this Act $5,000,000 per year for fiscal years 1997 through 2002. Of these amounts, up to $1,000,000 in each fiscal year may be awarded to institutions of higher education, including United States-Mexico binational research foundations and interuniversity research programs established by the two countries, for research grants without any cost-sharing requirement. (b) Section 4.--There are authorized to be appropriated to carry out section 4 of this Act $25,000,000 for fiscal years 1997 through 2002. SEC. 9. CONSULTATION. In carrying out the provisions of this Act, the Secretary shall consult with the heads of other Federal agencies, including the Secretary of the Army, which have experience in conducting desalination research or operating desalination facilities. The authorization provided for in this Act shall not prohibit other agencies from carrying out separately authorized programs for desalination research or operations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Water Desalination Act of 1996 - Authorizes the Secretary of the Interior to award grants and contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Provides appropriate research and study topics. Requires the Secretary to recommend to the Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of the research and studies conducted. (Sec. 4) Directs the Secretary to administer and conduct a demonstration and development program for water desalination and related activities, including desalination plants and modules, byproducts marketing, economic cost surveys, and desalination cooperative agreements. (Sec. 5) Requires all information from studies sponsored or funded under this Act to be considered public information. (Sec. 6) Authorizes the Secretary to accept technical and administrative assistance in carrying out this Act. (Sec. 7) Provides Federal cost-sharing limitations for demonstration or development projects conducted under this Act. (Sec. 8) Authorizes appropriations for FY 1997 through 2002. (Sec. 9) Requires the Secretary to consult with the heads of Federal agencies which have experience in conducting desalination research or operating desalination facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Customs Training Enhancement Act''. SEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE IMPORTED ARTICLES. (a) Educational Seminars.-- (1) In general.--The Commissioner shall establish and carry out educational seminars at United States ports of entry to improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles imported into the United States in accordance with the customs laws of the United States, including to improve the ability of U.S. Customs and Border Protection personnel to identify and prevent the mislabeling and transshipment of articles. (2) Number and exception.--The Commissioner shall establish and carry out not less than 15 educational seminars each year under paragraph (1). The Commissioner may establish and carry out fewer than 15 seminars each year under paragraph (1) if the Commissioner determines and notifies Congress that it is appropriate to do so. (b) Content.-- (1) In general.--The Commissioner and interested parties selected under subsection (d) should provide instruction and related instructional materials at each educational seminar to U.S. Customs and Border Protection personnel and, as appropriate, U.S. Immigration and Customs Enforcement personnel on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if-- (i) the country of origin of the article listed in the manifest or other accompanying documentation is accurate; and (ii) the industry supply chain represented in the manifest or other accompanying documentation is accurate. (C) Other related matters as determined to be appropriate by the Commissioner. (2) Approval of commissioner.--The instruction and related instructional materials at each educational seminar shall be subject to the approval of the Commissioner. (c) Costs and Expenses.--The Commissioner shall pay the costs to establish and carry out each educational seminar and shall pay expenses for U.S. Customs and Border Protection personnel, U.S. Immigration and Customs Enforcement personnel, and interested parties to provide instruction in or receive training at the seminar. (d) Selection Process.-- (1) In general.--The Commissioner shall establish a process to solicit, evaluate, and select interested parties for purposes of assisting in providing instruction in the educational seminars under this section. (2) Criteria.--The Commissioner shall, in consultation with the United States International Trade Commission, evaluate and select interested parties under the process established under paragraph (1) based on-- (A) availability and usefulness; (B) the volume, value, and incidence of mislabeling of an imported article that relates to a comparable domestic product of the interested party; and (C) other appropriate criteria established by the Commissioner. (3) Public availability.--The Commissioner shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2). SEC. 3. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for U.S. Customs and Border Protection. (2) Comparable domestic product.--The term ``comparable domestic product'' means a product which is comparable in characteristics and uses with an article imported into the United States and which is covered by an educational seminar under this Act. (3) Customs laws of the united states.--The term ``customs laws of the United States'' means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) Interested party.--The term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a comparable domestic product; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a comparable domestic product; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale a comparable domestic product in the United States; or (D) an association, a majority of whose members is composed of interested parties described in subparagraph (A), (B), or (C) with respect to a comparable domestic product. (5) United states.--The term ``United States'' means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (6) U.S. customs and border protection personnel.--The term ``U.S. Customs and Border Protection personnel'' means Import Specialists and other appropriate employees of U.S. Customs and Border Protection. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $3,000,000 for each of the fiscal years 2013 through 2017.

Summary: Customs Training Enhancement Act - Directs the Commissioner of the U.S. Customs and Border Protection (CBP) to establish educational seminars at U.S. ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Steel Loan Guarantee Program''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States steel industry has been severely harmed by a record surge of more than 40,000,000 tons of steel imports into the United States in 1998, caused by the world financial crisis; (2) this surge in imports resulted in the loss of more than 10,000 steel worker jobs in 1998, and was the imminent cause of 3 bankruptcies by medium-sized steel companies, Acme Steel, Laclede Steel, and Geneva Steel; (3) the crisis also forced almost all United States steel companies into-- (A) reduced volume, lower prices, and financial losses; and (B) an inability to obtain credit for continued operations and reinvestment in facilities; (4) the crisis also has affected the willingness of private banks and investment institutions to make loans to the U.S. steel industry for continued operation and reinvestment in facilities; (5) these steel bankruptcies, job losses, and financial losses are also having serious negative effects on the tax base of cities, counties, and States, and on the essential health, education, and municipal services that these government entities provide to their citizens; and (6) a strong steel industry is necessary to the adequate defense preparedness of the United States in order to have sufficient steel available to build the ships, tanks, planes, and armaments necessary for the national defense. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Loan Guarantee Board established under section 5; (2) the term ``Program'' means the Emergency Steel Guaranteed Loan Program established under section 4; and (3) the term ``qualified steel company'' means any company that-- (A) is incorporated under the laws of any State; (B) is engaged in the production and manufacture of a product defined by the American Iron and Steel Institute as a basic steel mill product, including ingots, slab and billets, plates, flat-rolled steel, sections and structural products, bars, rail type products, pipe and tube, and wire rod; and (C) has experienced layoffs, production losses, or financial losses since the beginning of the steel import crisis, after January 1, 1998. SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM. There is established the Emergency Steel Guaranteed Loan Program, to be administered by the Board, the purpose of which is to provide loan guarantees to qualified steel companies in accordance with this Act. SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP. There is established a Loan Guarantee Board, which shall be composed of-- (1) the Secretary of Commerce, who shall serve as Chairman of the Board; (2) the Secretary of Labor; and (3) the Secretary of the Treasury. SEC. 6. LOAN GUARANTEE PROGRAM. (a) Authority.--The Program may guarantee loans provided to qualified steel companies by private banking and investment institutions in accordance with the procedures, rules, and regulations established by the Board. (b) Total Guarantee Limit.--The aggregate amount of loans guaranteed and outstanding at any one time under this Act may not exceed $1,000,000,000. (c) Individual Guarantee Limit.--The aggregate amount of loans guaranteed under this Act with respect to a single qualified steel company may not exceed $250,000,000. (d) Minimum Guarantee Amount.--No single loan in an amount that is less than $25,000,000 may be guaranteed under this Act, except that the Board may, in exceptional circumstances, guarantee smaller loans. (e) Timelines.--The Board shall approve or deny each application for a guarantee under this Act as soon as possible after receipt of such application. (f) Additional Costs.--For the additional cost of the loans guaranteed under this section, including the costs of modifying the loans as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated $140,000,000, to remain available until expended. (g) Requirements for Loan Guarantees.--A loan guarantee may be issued under this Act upon application to the Board by a qualified steel company pursuant to an agreement to provide a loan to that qualified steel company by a private bank or investment company, if the Board determines that-- (1) credit is not otherwise available to that company under reasonable terms or conditions sufficient to meet its financing needs, as reflected in the financial and business plans of that company; (2) the prospective earning power of that company, together with the character and value of the security pledged, furnish reasonable assurance of repayment of the loan to be guaranteed in accordance with its terms; (3) the loan to be guaranteed bears interest at a rate determined by the Board to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of such loan; and (4) the company has agreed to an audit by the General Accounting Office, prior to the issuance of the loan guarantee and annually while any such guaranteed loan is outstanding. (h) Terms and Conditions of Loan Guarantees.-- (1) Loan duration.--All loans guaranteed under this Act shall be payable in full not later than December 31, 2005, and the terms and conditions of each such loan shall provide that the loan may not be amended, or any provision thereof waived, without the consent of the Board. (2) Loan security.--Any commitment to issue a loan guarantee under this Act shall contain such affirmative and negative covenants and other protective provisions that the Board determines are appropriate. The Board shall require security for the loans to be guaranteed under this Act at the time at which the commitment is made. (3) Fees.--A qualified steel company receiving a guarantee under this Act shall pay a fee in an amount equal to 0.5 percent of the outstanding principal balance of the guaranteed loan to the Department of the Treasury. (i) Reports to Congress.--The Secretary of Commerce shall submit to the Congress annually a full report of the activities of the Board under this Act during fiscal years 1999 and 2000, and annually thereafter, during such period as any loan guaranteed under this Act is outstanding. SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES. For necessary expenses to administer the Program, there is authorized to be appropriated to the Department of Commerce $5,000,000, to remain available until expended, which may be transferred to the Office of the Assistant Secretary for Trade Development of the International Trade Administration. SEC. 8. TERMINATION OF GUARANTEE AUTHORITY. The authority of the Board to make commitments to guarantee any loan under this Act shall terminate on December 31, 2001. SEC. 9. REGULATORY ACTION. The Board shall issue such final procedures, rules, and regulations as may be necessary to carry out this Act not later than 60 days after the date of enactment of this Act. SEC. 10. IRON ORE COMPANIES. (a) In General.--Subject to the requirements of this section, an iron ore company incorporated under the law of any State shall be treated as a qualified steel company for purposes of the Program. (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate amount of loans authorized to be guaranteed and outstanding at any one time under section 6(b), not to exceed $30,000,000 of the amount of loans guaranteed and outstanding at any one time shall be loans with respect to iron ore companies. (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding section 6(d), a single loan to an iron ore company in an amount of not less than $6,000,000 may be guaranteed under this section. SEC. 11. EMERGENCY DESIGNATION. The entire amount made available to carry out this Act-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement (as defined in the Balanced Budget and Emergency Deficit Control Act of 1985) is transmitted by the President to the Congress.

Summary: Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor. Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures. Sets forth loan guarantee parameters. Authorizes appropriations. Treats an iron ore company as a qualified steel company for purposes of the Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Cruise Vessel Development Act of 1994''. SEC. 2. PURPOSE. The purpose of this Act is to promote construction and operation of United States flag cruise vessels in the United States. SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS. Section 8 of the Act entitled ``An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel is owned by a person that is-- ``(A) an individual who is a citizen of the United States; or ``(B) a corporation, partnership, or association that is a citizen of the United States under section 2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a)); ``(2) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and ``(3) for a vessel that is at least 5 net tons, the vessel is issued a certificate of documentation under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Exception for Vessel Under Demise Charter.-- ``(1) In general.--Subsection (a)(1) does not apply to a cruise vessel operating under a demise charter that-- ``(A) has a term of at least 18 months; and ``(B) is to a person described in subsection (a)(1). ``(2) Extension of period for operation.--A cruise vessel authorized to operate in coastwise trade under paragraph (1) based on a demise charter described in paragraph (1) may operate in that coastwise trade during a period following the termination of the charter of not more than 6 months, if the operation-- ``(A) is approved by the Secretary; and ``(B) is in accordance with such terms as may be prescribed by the Secretary for that approval. ``(c) Exception for Vessel To Be Reflagged.-- ``(1) Exception.--Subsection (a)(2) and section 12106(a)(2)(A) of title 46, United States Code, do not apply to a cruise vessel if-- ``(A) the vessel-- ``(i) is not documented under chapter 121 of title 46, United States Code, on the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(ii) is not less than 5 years old and not more than 15 years old on the first date that the vessel is documented under that chapter after that date of enactment; and ``(B) the owner or charterer of the vessel has entered into a contract for the construction in the United States of another cruise vessel that has a total berth or stateroom capacity that is at least 80 percent of the capacity of the cruise vessel. ``(2) Termination of authority to operate.--Paragraph (1) does not apply to a vessel after the date that is 18 months after the date on which a certificate of documentation with a coastwise endorsement is first issued for the vessel after the date of enactment of the United States Cruise Vessel Development Act of 1994 if, before the end of that 18-month period, the keel of another vessel has not been laid, or another vessel is not at a similar stage of construction, under a contract required for the vessel under paragraph (1)(B). ``(3) Extension of period before termination.--The Secretary of Transportation may extend the 18-month period under paragraph (2) for an additional period of not to exceed 6 months for good cause shown. ``(d) Limitation on Operations.--A person (including a related person with respect to that person) who owns or charters a cruise vessel operating in coastwise trade under subsection (b) or (c) under a coastwise endorsement may not operate any vessel between-- ``(1) any 2 ports served by another cruise vessel that transports passengers in coastwise trade under subsection (a) on the date the Secretary issues the coastwise endorsement; or ``(2) any of the islands of Hawaii. ``(e) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section is liable to the United States Government for a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, are liable to seizure by and forfeiture to the United States Government. ``(3) Disqualification from coastwise trade.--A person that is required to enter into a construction contract under subsection (c)(1)(B) with respect to a cruise vessel (including any related person with respect to that person) may not own or operate any vessel in coastwise trade after the period applicable under subsection (c)(2) with respect to the cruise vessel, if before the end of that period a keel is not laid and a similar stage of construction is not reached under such a contract. ``(f) Definitions.--In this section-- ``(1) the term `coastwise trade' includes transportation of a passenger between points in the United States, either directly or by way of a foreign port; ``(2) the term `cruise vessel' means a vessel that-- ``(A) is at least 10,000 gross tons (as measured under chapter 143 of title 46, United States Code); ``(B) has berth or stateroom accommodations for at least 200 passengers; and ``(C) is not a ferry; and ``(3) the term `related person' means, with respect to a person-- ``(A) a holding company, subsidiary, affiliate, or association of the person; and ``(B) an officer, director, or agent of the person or of an entity referred to in subparagraph (A).''. SEC. 4. CONSTRUCTION STANDARDS. Section 3309 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A vessel described in paragraph (3) is deemed to comply with parts B and C of this subtitle. ``(2) The Secretary shall issue a certificate of inspection under subsection (a) to a vessel described in paragraph (3). ``(3) A vessel is described in this paragraph if-- ``(A) the vessel meets the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; ``(B) a coastwise endorsement is issued for the vessel under section 12106 of this title after the date of enactment of the United States Cruise Vessel Development Act of 1994; and ``(C) the vessel is authorized to engage in coastwise trade by reason of subsection (c) of section 8 of the Act entitled `An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289).''. SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION. Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is amended-- (1) in subsection (a) by inserting ``other than primarily in the transport of passengers,'' after ``the coastwise trade''; and (2) by adding at the end the following new subsection: ``(e) For purposes of determining citizenship under subsection (a) with respect to operation of a vessel primarily in the transport of passengers in coastwise trade, the controlling interest in a partnership or association that owns the vessel shall not be deemed to be owned by citizens of the United States unless a majority interest in the partnership or association is owned by citizens of the United States free from any trust or fiduciary obligation in favor of any person that is not a citizen of the United States.''. SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(b)) is amended by striking ``passenger cargo'' and inserting ``passenger, cargo,''. SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM. (a) Priority.--Notwithstanding any other provision of law, the Secretary of the Interior may not permit a person to operate a vessel in any unit of the National Park System except in accordance with the following priority: (1) First, any person that-- (A) will operate a vessel that is documented under the laws of, and the home port of which is located in, the United States; or (B) holds rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (2) Second, any person that will operate a vessel that-- (A) is documented under the laws of a foreign country, and (B) on the date of the enactment of this Act is permitted to be operated by the person in the unit. (3) Third, any person that will operate a vessel other than a vessel described in paragraph (1) or (2). (b) Revocation of Permits for Foreign-Documented Vessels.--The Secretary of the Interior shall revoke or refuse to renew permission granted by the Secretary for the operation of a vessel documented under the laws of a foreign country in a unit of the National Park System, if-- (1) a person requests permission to operate a vessel documented under the laws of the United States in that unit; and (2) the permission may not be granted because of a limit on the number of permits that may be issued for that operation. (c) Restrictions on Revocation of Permits.--The Secretary of the Interior may not revoke or refuse to renew permission under subsection (b) for any person holding rights to provide visitor services under section 1307(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197(a)). (d) Return of Permits.--Any person whose permission to provide visitors services in a unit of the National Park System has been revoked or not renewed under subsection (b) shall have the right of first refusal to a permit to provide visitors services in that unit of the National Park System that becomes available when the conditions described in subsection (b) no longer apply. Such right shall be limited to the number of permits which are revoked or not renewed.

Summary: United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel: (1) is owned by a U.S. citizen, or a U.S. corporation, partnership, or association; (2) meets certain requirements under the Merchant Marine Act; and (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement. (Sec. 3) Exempts from this prohibition any cruise vessel: (1) demised to a U.S. person for a term of at least 18 months; or (2) reflagged as a U.S. vessel after enactment of this Act, if the owner or charterer contracts for U.S. construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity. Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement; or (2) any of the Hawaiian islands. Sets forth civil and forfeiture penalties for violations of this Act. (Sec. 4) Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that: (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; (2) a coastwise endorsement is issued; and (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act. (Sec. 5) Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a U.S. citizen unless a majority interest in the partnership or association is owned by U.S. citizens free from any trust or fiduciary obligation in favor of a non-U.S. citizen. (Sec. 7) Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a U.S.-flag vessel whose home port is in the United States; or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act. Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if: (1) a person requests permission to operate a U.S.-flag vessel in the same unit; and (2) permission may not be granted because of a limit on the number of such permits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvesting In Vital Economic Rivers and Waterways Act of 2013'' or the ``RIVER Act''. SEC. 2. FINDINGS. Congress finds that the inland waterways navigation system-- (1) is an essential economic resource for the United States; (2) serves as the most efficient sustainable transportation mode for bulk commodities in the United States while maintaining environmental resources; and (3) as of the date of enactment of this Act, is underfunded and needs significant changes to remain viable in the future. SEC. 3. PURPOSES. The purpose of this Act is to establish a sustainable, cost- effective way to ensure that the inland and intracoastal waterways of the United States remain economically viable through-- (1) the redesign of the program and project management process applicable to the construction and major rehabilitation of navigation projects on those waterways; (2) the continued development and improvement of inland waterways navigation systems; (3) enhanced efficiency of inland waterways navigation project completion schedules; and (4) inland waterways navigation capital investments to ensure that projects can be completed in a reasonable timeframe and to allow maximum systemwide benefits. SEC. 4. DEFINITIONS. In this Act: (1) Inland and intracoastal waterways.--The term ``inland and intracoastal waterways'' means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (2) Inland waterway users board.--The term ``Inland Waterway Users Board'' means the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (3) Major rehabilitation project.--The term ``major rehabilitation project'' means a project for the restoration of a major project or major project feature of the inland and intracoastal waterways that has an estimated cost greater than $50,000,000. (4) Qualifying project.--The term ``qualifying project'' means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- (A) authorized before, on, or after the date of enactment of this Act; (B) not completed as of the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. SEC. 5. PROJECT DELIVERY PROCESS REFORMS. (a) In General.--The Secretary shall promulgate regulations that, at a minimum, shall require for each qualifying project-- (1) a cost estimation that is risk-based and has a confidence level of not less than 80 percent; (2) an independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project-- (A) that-- (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Secretary; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Secretary; or (iv) is identified by the Secretary as a matter of significant interagency interest; or (B) for which a review has been requested by the Governor of any State affected by the project; (3) the appointment to a project development team for the qualifying project of a member of the Inland Waterways Users Board, as selected by a majority of the Inland Waterways Users Board; (4) a quarterly update submitted to the Inland Waterways Users Board of the status of a qualifying project that is under construction; (5) the inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (3) as signatories of the project management plan for a qualifying project; (6) the establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on- budget completion of qualifying projects; (7) the evaluation, including through the use of 1 or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (8) any additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary-- (A) the implementation of applicable practices and procedures drawn from the management of the military construction program by the Secretary; (B) the development and use of a portfolio of standard designs for inland navigation locks; (C) the use of full-funding contracts or the formulation of a revised continuing contracts provision; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. (b) Report Requirement.-- (1) In general.--For each fiscal year, the Secretary shall submit to Congress a report that describes each project, if any, that receives more than 50 percent of the total amount of funds made available in that fiscal year under the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (2) Requirement.--For each project described in paragraph (1) that exceeds the estimated cost of carrying out that project for 3 or more consecutive years, the Secretary shall include in the report submitted under that paragraph alternative financing plans for the project. SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM. (a) Program Required.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20- year program for making capital investments on the inland and intracoastal waterways, which shall include plans to update communications technology and be based on the application of objective national project-selection prioritization criteria, as developed by the Secretary. (2) Contents.--The 20-year program described in paragraph (1) may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual Review and Update.-- (1) In general.--Beginning not later than 1 year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. (2) Contents.--The updated program described in paragraph (1) shall include an identification and explanation of any changes that were made to the project-specific recommendations included in the previous 20-year program, including any changes that were made to the objective national project-selection prioritization criteria used to develop the updated recommendations. (c) Strategic Review and Update.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System, including any revisions to the program that the Secretary and the Users Board jointly consider to be appropriate. (2) Inclusions.--The review described in paragraph (1) shall include an analysis of the communications technology in use on the inland and intracoastal waterways system and a description of any plans to modernize that technology to increase safety and maximize efficiency. SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST FUND. Section 9506 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1), by-- (A) inserting ``and subject to subsection (d),'' after ``Except as provided in paragraph (2),''; and (B) inserting before the period at the end ``, provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation''; and (2) by inserting at the end the following: ``(d) Limitation on Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for-- ``(A) construction or rehabilitation of dams, or ``(B) any rehabilitation expenditure that does not equal or exceed $50,000,000. ``(2) Restriction on total cost.--Amounts in the Inland Waterways Trust Fund shall not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of-- ``(A) the amount equal to-- ``(i) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the year in which construction or rehabilitation under the project begins (determined by substituting the year that precedes the calendar year in which such project was authorized for `1992' in subparagraph (B) of such section), and ``(B) any additional amount that is jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.''. SEC. 8. REVISION TO INLAND WATERWAYS USER FEE. Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per ``If the use occurs: gallon is: During 2013........................................ 20 cents After 2013......................................... 29 cents''.

Summary: Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate (user fee) from 20 cents to 29 cents after 2013.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Gratuity Equity Act of 2016''. SEC. 2. INCREASING THE DEATH GRATUITY FOR A FEDERAL CIVILIAN EMPLOYEE KILLED IN THE LINE OF DUTY. (a) Amendment to Title 5.--Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty ``(a) Definitions.--In this section-- ``(1) the term `child'-- ``(A) includes-- ``(i) a natural child; and ``(ii) an adopted child; and ``(B) does not include a stepchild who has not been adopted by the applicable civilian employee; and ``(2) the term `civilian employee' means an individual who the Secretary of Labor has determined is an employee, as defined in section 8101(1). ``(b) Death Gratuity Authorized.-- ``(1) In general.--Notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of an agency shall pay from appropriations made available for salaries and expenses of that agency a death gratuity for the death of a civilian employee of that agency occurring on or after the date of enactment of this section if the death of the civilian employee-- ``(A) resulted from an injury sustained in the line of duty; and ``(B) did not result from-- ``(i) natural causes; or ``(ii) serious and willful misconduct by the civilian employee. ``(2) Payment.--A death gratuity paid under paragraph (1) shall be-- ``(A) in the amount described in subsection (c); and ``(B) paid to a person described in subsection (d). ``(c) Amounts Available.-- ``(1) In general.--Except as provided in paragraph (2), the amount of a death gratuity paid under this section shall be-- ``(A) $100,000 per civilian employee; and ``(B) adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \1/10\ of 1 percent. ``(2) Local compensation plan.--The amount of a death gratuity paid in relation to the death of a civilian employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968) shall be determined by regulations promulgated by the Secretary of State. ``(d) Execution of Payment.-- ``(1) Establishment of claim.--Upon the establishment of a valid claim for a death gratuity under this section, payment shall be made-- ``(A) to a person who-- ``(i) survives a civilian employee on the date of the death of the civilian employee; and ``(ii) is alive on the date that title to the payment arises; and ``(B) in the order of precedence established under paragraph (2). ``(2) Order of payment.--The order of precedence established under this paragraph is as follows: ``(A)(i) To a beneficiary designated by the civilian employee in a signed and witnessed writing that-- ``(I) is received by the agency employing the civilian employee before the date of the death of the civilian employee; and ``(II) specifies that the beneficiary shall receive an amount payable under this section. ``(ii) A will or other document that is not executed and filed as described in clause (i) shall not constitute a writing under clause (i) and such a will or other document shall have no force or effect. ``(B) If there is no beneficiary designated under subparagraph (A), to the surviving spouse of the civilian employee. ``(C) If subparagraphs (A) and (B) do not apply, to-- ``(i) the child or children of the civilian employee; and ``(ii) any descendants of a deceased child or children of the civilian employee by representation. ``(D) If subparagraphs (A), (B), and (C) do not apply, to the surviving parent or parents of the civilian employee. ``(E) If subparagraphs (A) through (D) do not apply, to the duly appointed executor or administrator of the estate of the civilian employee. ``(F) If subparagraphs (A) through (E) do not apply, to the person entitled to the payment under the laws of the domicile of the civilian employee on the date of the death of the civilian employee. ``(e) Payment Not Gross Income.--A payment under this section shall not be considered gross income of a person described in subsection (d)(2) under section 61 of the Internal Revenue Code of 1986.''. (b) Amendments to Title 49.--Section 40122(g)(2) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) section 5571, relating to a death gratuity resulting from an injury sustained in the line of duty;''. (c) Technical and Conforming Amendments.--Chapter 55 of title 5, United States Code, is amended-- (1) in the heading for subchapter VII, by striking ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''; and (2) in the table of sections-- (A) by striking the item relating to subchapter VII and inserting the following: ``subchapter vii--payments to missing persons and payments for disability or death''; and (B) by inserting after the item relating to section 5570 the following: ``5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty.''. SEC. 3. REPEAL OF 1996 DEATH GRATUITY PAYMENT AUTHORITY. Section 651 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. 8133 note; Public Law 104-208) is repealed. SEC. 4. FUNERAL AND BURIAL EXPENSES. (a) In General.--Section 8134 of title 5, United States Code, is amended by striking subsection (a) and inserting the following: ``(a)(1) For deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, if death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $8,800, in the discretion of the Secretary of Labor. ``(2) The maximum payment permitted under paragraph (1) shall be adjusted annually on March 1 of each year in accordance with the adjustment described in section 8146a.''. (b) Applicability.--Section 8134(a) of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 5. FEDERAL EMPLOYEES' COMPENSATION ACT DEATH GRATUITY. (a) In General.--Section 8102a of title 5, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Death Gratuity Authorized.-- ``(1) In general.-- ``(A) Payment.--Except as provided in paragraph (2), for deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, the United States shall pay a death gratuity of $100,000 to or for the eligible survivor under subsection (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the service of that employee with an Armed Force in a contingency operation. ``(B) Adjustment.--The amount under subparagraph (A) shall be adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \1/10\ of 1 percent. ``(C) No reduction.--The death gratuity payable under subparagraph (A) shall not be reduced by the amount of any other death gratuity provided under any other law of the United States that is based on the same death. ``(2) Compensation for noncitizens and nonresidents.--For claims arising under section 8137, the amount of the death gratuity shall be subject to that section and the regulations promulgated under that section.''; (2) by striking subsection (c); (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (4) in subsection (c), as so redesignated, by adding at the end the following: ``(7) If there are no eligible survivors, as described in paragraphs (1) through (6), and the employee has not designated another person to receive an amount payable under this section, that amount shall be paid to the personal representative of the estate of the employee.''. (b) Applicability.--Section 8102a of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 6. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE PERFORMANCE OF DUTY ABROAD. Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``dependents'' and inserting ``beneficiary''; and (B) in the second sentence, by inserting ``, except as provided in subsection (e)'' after ``payable from any source''; (2) by amending subsection (b) to read as follows: ``(b) Executive Agencies.--The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiary of-- ``(1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or ``(2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad.''; (3) by amending subsection (d) to read as follows: ``(d) Eligibility Under Chapter 81 of Title 5, United States Code.--A death gratuity payment may be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code.''; (4) by redesignating subsection (e) as subsection (g); (5) by inserting after subsection (d) the following: ``(e) Offset.--For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death. ``(f) Tax Treatment.--A payment under this section shall not be considered gross income of a surviving beneficiary under section 61 of the Internal Revenue Code of 1986.''; and (6) in subsection (g), as so redesignated, by amending paragraph (2) to read as follows: ``(2) the term `surviving beneficiary' means the person identified under the order of precedence established under section 5571(d)(2) of title 5, United States Code.''. SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION IN THE EVENT OF THE INABILITY OF AN AGENCY TO MEET THE REQUIREMENTS OF THIS ACT. (a) In General.--If the head of an agency (as defined in section 5561 of title 5, United States Code) determines, with the concurrence of the Director of the Office of Management and Budget, that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet the requirements of this Act and the amendments made by this Act, additional amounts are authorized to be appropriated to make additional payments-- (1) under-- (A) section 5571(b) of title 5, United States Code, as added by section 2(a); (B) section 8102a of title 5, United States Code, as amended by section 5; and (C) section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973), as amended by section 6; and (2) that would exceed the amount available to the agency without the additional appropriations. (b) Additional Payments.--A payment authorized under subsection (a) may be made only if additional appropriations are provided for a purpose described in that subsection. (c) Congressional Vote.--It is the sense of Congress that Congress should vote on a request for additional appropriations under this section not later than 30 days after the date of submission of such a request to Congress.

Summary: Death Gratuity Equity Act of 2016 This bill requires federal agencies to pay a death gratuity of $100,000 per employee for the death of civilian employees resulting from injuries sustained in the line of duty that did not result from natural causes or the employee's serious and willful misconduct. The bill also allows an additional payment of up to $8,800 for funeral and burial expenses. (Currently, funeral and burial payments may not exceed $800 per employee and the combination of payments for death gratuity, funeral, burial, and other compensation and reimbursements may not exceed $10,000 per employee.) The amounts must be adjusted annually for inflation. For tax purposes, a death gratuity payment shall not be considered gross income to the person receiving payment. The death gratuity remains at $100,000 for an employee who dies of injuries incurred in connection with service with an Armed Force in a contingency operation, except that employees who are noncitizens and nonresidents of the United States or Canada, and their dependents, are subject to the Department of Labor's authority to modify payments that are substantially disproportionate to compensation for disability or death payable in similar cases under local laws or customs at the place outside the continental United States or Canada where the employee is working at the time of injury. The bill also allows such death gratuities in connection with such Armed Force service to be paid in addition to any other amounts paid under U.S. law based on the same death. The Foreign Service Act of 1980 is amended to make death gratuities payable to the surviving beneficiaries (currently, dependents) of U.S. Foreign Service employees, or individuals in a special category serving in an uncompensated capacity for that agency in support of a diplomatic mission, who die as a result of injuries sustained in the performance of duty abroad. But the Foreign Service death gratuity is reduced by the amount of any federal civilian employee death gratuity paid under this bill for the same death. Additional amounts are authorized to be appropriated for death gratuity payments under this bill if an agency and the Office of Management and Budget determine that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet these death gratuity payment requirements. An authorized payment that exceeds the amount available to the agency without additional appropriations may be made only if Congress makes the additional appropriations for that purpose.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran voted in the United Nations General Assembly on December 10, 1948, to adopt the Universal Declaration of Human Rights, thereby committing to guarantee the ``life, liberty, and security of person'' of all people and rejecting ``cruel, inhuman, or degrading treatment or punishment''. (2) Iran is a party to major international human rights instruments. (3) The Government of Iran is violating its international obligations to respect the human rights and fundamental freedoms of its citizens, including by-- (A) using torture and cruel, inhuman, or degrading treatment or punishment, including flogging, and amputations; (B) carrying out an increasingly high rate of executions in the absence of internationally recognized safeguards, including public executions; (C) using stoning as a method of execution and maintaining a high number of persons in prison who continue to face sentences of execution by stoning; (D) carrying out arrests, violent repression, and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women's rights defenders, and continuing discrimination against women and girls; (E) permitting or carrying out increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic, or other minorities; (F) imposing ongoing, systematic, and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and the censorship of expression in online forums such as blogs and websites; and (G) imposing severe limitations and restrictions on freedom of religion and belief, including by carrying out arbitrary arrests, indefinite detentions, and lengthy jail sentences for those exercising their rights to freedom of religion or belief and proposing a provision in a draft penal code that sets out a mandatory death sentence for apostasy, the abandoning of one's faith. (4) On June 19, 2009, the United Nations High Commissioner for Human Rights expressed concerns about the increasing number of arrests not in conformity with the law and the illegal use of excessive force in responding to protests following the June 12, 2009, political processes in Iran, resulting in at least dozens of deaths and hundreds of injuries. (5) On August 1, 2009, authorities in the Government of Iran began a mass trial of more than 100 individuals in connection with election protests, most of whom were held for weeks, in solitary confinement, with little or no access to their lawyers or families, and many of whom showed signs of torture or abuse. (6) The ``Supreme Leader'' of Iran issued a statement on October 28, 2009, effectively criminalizing dissent in the aftermath of the national political processes of June 12, 2009. (7) On November 4, 2009, security forces in the Government of Iran used brutal force to disperse thousands of protesters, resulting in a number of injuries and arrests, in violation of international norms regarding the proportionate use of force against peaceful demonstrations. (8) At least 8 citizens of Iran were killed and an undetermined number were injured on December 27, 2009, when security forces of the Government of Iran violently broke up peaceful gatherings during the Ashura holiday. (9) The Government of Iran has recently sentenced numerous Iranian citizens to death without due process for politicized crimes relating to the peaceful demonstrations that followed the June 12, 2009, political processes, including ``waging war against God'', and has begun carrying out those execution sentences, including the death by hanging of 2 individuals on January 28, 2010. (10) The Iran Freedom Support Act (Public Law 109-293; 50 U.S.C. 1701 note) declares that it should be the policy of the United States-- (A) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and (B) to support independent human rights and peaceful pro-democracy forces in Iran. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL PROCESSES IN IRAN. (a) In General.--The President shall impose sanctions described in subsection (c) (1) and (2) with respect to each person on the list required by subsection (b), beginning not later than the date on which the President submits to the appropriate congressional committees the list required by subsection (b)(1) or the updated list required by subsection (b)(2) (as the case may be). (b) List of Persons Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are citizens of Iran that the President determines are complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list.--Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the appropriate congressional committees an updated list under paragraph (1). (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Visa ban.--Ineligibility for a visa to enter the United States. (2) Financial sanctions.--Sanctions authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property. (d) Termination of Sanctions.--The provisions of this section shall cease to have force and effect beginning 90 days after the date on which the President determines and certifies to the appropriate congressional committees that-- (1) the persons sanctioned under this section have ceased to be complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran; and (2) the Government of Iran has-- (A) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, political processes in Iran, and allowed for investigations of Iranian prisons by appropriate international human rights organizations; (B) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; (C) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Iran and prosecuted those responsible; (D) legalized all political activity; (E) made public commitments to organizing free and fair elections for a new government-- (i) to be held in a timely manner within a period not to exceed 180 days after the date on which the President makes the determination and certification to the appropriate congressional committees under this subsection; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers; (F) ceased any interference with broadcasts such as Voice of America and Radio Farda; and (G) made public commitments to and is making demonstrable progress in-- (i) establishing an independent judiciary; and (ii) respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (2) Country reports on human rights practices.--The term ``Country Reports on Human Rights Practices'' means the annual reports required to be submitted by the Department of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). (3) Government of iran.--The term ``Government of Iran'' includes any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (4) Human rights abuses.--The term ``human rights abuses'' means those forms of abuses detailed in the Department of State's annual Country Reports on Human Rights Practices.

Summary: Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses; and (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Fund Act''. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the National Park Centennial Fund established under section 3. (2) In-kind.--The term ``in-kind'' means the fair market value of non-cash contributions provided by non-Federal partners, which may be in the form of real property, equipment, supplies and other expendable property, as well as other goods and services. (3) Project or program.--The term ``Project or program'' means a National Park Centennial Project or Program funded pursuant to this Act. (4) Proposal.--The term ``Proposal'' means a National Park Centennial Proposal submitted pursuant to section 4. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NATIONAL PARK CENTENNIAL FUND. There is established in the Treasury of the United States a fund which shall be known as the National Park Centennial Fund. In each fiscal year from fiscal year 2009 through fiscal year 2018, the Secretary of the Treasury shall deposit into the Fund, from the general treasury, $30,000,000 each fiscal year. SEC. 4. PROGRAM ALLOCATION. (a) In General.--Each fiscal year, the President's annual budget submission for the Department of the Interior shall include a list of proposals which shall be known as National Park Centennial Proposals. The Secretary shall establish a standard process for developing the list that shall encourage input from both the public and a broad cross- section of employees at every level of the National Park Service. The list-- (1) shall include proposals having an aggregate cost to the Federal Government equal to the unobligated amount in the Fund; (2) shall include only proposals consistent with National Park Service policies and adopted park planning documents; (3) may include proposals for any area within the national park system (as that term is defined in section 2 of the Act of August 8, 1953 (16 U.S.C. 1c)), clusters of areas within such system, a region or regions of such system, or such system in its entirety; (4) shall cumulatively represent a nationwide array of proposals that is diverse geographically, in size, scope, magnitude, theme, and variety under the initiatives described in subsection (b); (5) shall give priority to proposals demonstrating long- term viability beyond receipts from the Fund; (6) shall include only proposals meeting the requirements of one or more of the initiatives set forth in subsection (b); (7) must contain proposals under each of the initiatives set forth in subsection (b); and (8) shall give priority to proposals with committed, nonfederal support but shall also include proposals funded entirely by the Fund. (b) National Park Centennial Initiatives.--The requirements referred to in subsection (a)(6) are as follows: (1) Education in parks centennial initiative.--Proposals for the ``Education in Parks Centennial Initiative'' shall meet the following requirements: (A) Priority shall be given to proposals designed to increase National Park-based educational opportunities for elementary, secondary and college students particularly those from populations historically under represented among visitors to the National Park System. (B) Priority shall be given to proposals designed to bring students into the National Park System in person. (C) Proposals should include strategies for encouraging young people to become lifelong advocates for National Parks. (D) Proposals shall be developed in consultation with the leadership of educational and youth organizations expected to participate in the proposed initiative. (2) Diversity in parks centennial initiative.-- (A) Study.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report detailing a service- wide strategy for increasing diversity among National Park Service employees at all levels and visitors to the National Park System. (B) Proposals.--Proposals for the ``Diversity in Parks Centennial Initiative'' shall meet the following requirements: (i) Each proposal shall be based on recommendations contained in the report required in subparagraph (A). (ii) Each proposal shall be designed to make National Park Service employees, visitors to the National Park System, or both, reflect the diversity of the population of the United States. (3) Supporting park professionals centennial initiative.-- Proposals for the ``Supporting Park Professionals Centennial Initiative'' shall meet the following requirements: (A) Taken as a whole, proposals shall provide specific opportunities for National Park Service employees, at all levels, to participate in professional career development. (B) Proposals may include National Park Service- designed, internal professional development programs. (C) Proposals may also be designed to facilitate participation in external professional development programs or established courses of study by National Park Service employees. (4) Environmental leadership centennial initiative.-- Proposals for the ``Environmental Leadership Centennial Initiative'' shall meet the following requirements: (A) Each proposal shall be designed to do one or more of the following: (i) Reduce harmful emissions. (ii) Conserve energy or water resources. (iii) Reduce solid waste production within the National Park System. (B) Each proposal shall include strategies for educating the public regarding Environmental Leadership projects and their results. (C) Priority shall be given to proposals with the potential to spread technological advances to other Federal agencies or to the private sector. (5) Natural resource protection centennial initiative.-- Proposals for the ``Natural Resource Protection Centennial Initiative'' shall meet the following requirements: (A) Each proposal shall be designed to restore or conserve native ecosystems within the National Park System. (B) Priority shall be given to proposals designed to control invasive species. (C) Each proposal shall be based on the best available scientific information. (6) Cultural resource protection centennial initiative.-- Proposals for the ``Cultural Resource Protection Centennial Initiative'' shall-- (A) either-- (i) increase the National Park Service's knowledge of cultural resources located within the National Park System through means including, but not limited to, surveys, studies, mapping, and documentation of such resources; or (ii) improve the condition of documented cultural resources within the National Park System; (B) incorporate the best available scientific information; and (C) where appropriate, be developed in consultation with Native American tribes, State historic preservation offices, or other organizations with cultural resource preservation expertise. (7) Health and fitness in parks centennial initiative.-- (A) In general.--Proposals for the ``Health and Fitness in Parks Centennial Initiative'' shall fall into one or more of the following four categories: (i) Proposals designed to repair, rehabilitate, or otherwise improve infrastructure, including trails, that facilitates healthy outdoor activity within the National Park System. (ii) Proposals designed to expand opportunities for access to the National Park System for visitors with disabilities. (iii) Proposals to develop and implement management plans (such as climbing plans and trail system plans) for activities designed to increase the health and fitness of visitors to the National Park System. (iv) Proposals to develop outreach programs and media that provide public information regarding health and fitness opportunities within the National Park System. (B) Miscellaneous requirements.--All proposals for ``the Health and Fitness in Parks Centennial Initiative'' shall-- (i) be consistent with National Park Service policies and adopted park planning documents; and (ii) be designed to provide for visitor enjoyment in such a way as to leave the National Park System unimpaired for future generations. (c) Funding.--In each of fiscal years 2009 through 2018, unobligated amounts in the Fund shall be available without further appropriation for projects authorized by this Act, but may not be obligated or expended until 120 days after the annual submission of the list of proposals required under this section to allow for Congressional review. (d) Limitation on Distribution of Funds.--No more than 30 percent of amounts available from the Fund for any fiscal year may be spent on projects that are for the construction of facilities that cost in excess of $5,000,000. SEC. 5. PARTNERSHIPS. (a) Donations.--The Secretary may actively encourage and facilitate participation in proposals from non-Federal and philanthropic partners, and may accept donations, both monetary and in-kind for any Project or Program pursuant to section 1 of the Act of June 5, 1920 (16 U.S.C. 6), and other authorities to accept donations existing on the date of enactment of this Act. (b) Terms and Conditions.--To the extent that private organizations or individuals are to participate in or contribute to any Project or Program, the terms and conditions of that participation or contribution as well as all actions of employees of the National Park Service, shall be governed by National Park Service Directors Order #21, ``Donations and Fundraising'', as in force on the date of the enactment of this Act. SEC. 6. MAINTENANCE OF EFFORT. Amounts made available from the Fund shall supplement rather than replace annual expenditures by the National Park Service, including authorized expenditures from the Land and Water Conservation Fund and the National Park Service Line Item Construction Program. The National Park Service shall maintain adequate, permanent staffing levels and permanent staff shall not be replaced with nonpermanent employees hired to carry out this Act or Projects or Programs carried out with funds provided under this Act. SEC. 7. REPORTS. For each fiscal year beginning in fiscal year 2009, the Secretary shall submit to Congress a report that includes the following: (1) A detailed accounting of all expenditures from the Fund divided by categories of proposals under section 4(b), including a detailed accounting of any private contributions, either in funds or in kind, to any Project or Program. (2) A cumulative summary of the results of the National Park Centennial program including recommendations for revisions to the program. (3) A statement of whether the National Park Service has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act or Projects or Programs carried out with funds provided under this Act. SEC. 8. REPEAL OF LAND AND WATER CONSERVATION FUND CONTRACT AUTHORITY. (a) In General.--Section 9 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-10a) is hereby repealed. (b) Conforming Amendment.--The Land and Water Conservation Fund Act of 1965 is amended by redesignating sections 10 through 13 (16 U.S.C. 460l-10b through 460l-10e) as sections 9 through 12, respectively.

Summary: National Park Centennial Fund Act - (Sec. 3) Establishes in the Treasury the National Park Centennial Fund, into which there shall be deposited from the general treasury $30 million for each fiscal year from FY2009 through FY2018. (Sec. 4) Requires the President's annual budget submission for the Department of the Interior to include a list of National Park Centennial Proposals. Directs the Secretary of the Treasury to establish a standard process for the development of the list which shall encourage input from both the public and a broad cross-section of employees at every level of the National Park Service (NPS). Requires the list to, among other things: (1) give priority to proposals demonstrating long-term viability beyond receipts from the Fund; (2) contain proposals under each of the initiatives set forth in this Act; and (3) give priority to proposals with committed, nonfederal support, but to also include proposals funded entirely by the Fund. Specifies that the list include proposals that meet the requirements of one or more of : (1) an Education in Parks Centennial Initiative; (2) a Diversity in Parks Centennial Initiative; (3) a Supporting Park Professionals Centennial Initiative; (4) an Environmental Leadership Centennial Initiative; (5) a Natural Resource Protection Centennial Initiative; (6) a Cultural Resource Protection Centennial Initiative; and (7) a Health and Fitness in Parks Centennial Initiative. Requires, with respect to the Diversity in Parks Centennial Initiative, submission of a report detailing a service-wide strategy for increasing diversity among NPS employees at all levels and visitors to the National Park System. Makes, from FY2009-FY2018, unobligated amounts in the Fund available for projects authorized by this Act, but bars such amounts from being obligated or expended until 120 days after the annual submission of the list of proposals to allow for congressional review. Prohibits more than 30% of amounts available from the Fund for any fiscal year from being spent on projects that are for the construction of facilities the cost of which exceeds $5 million. (Sec. 5) Authorizes the Secretary of the Interior to encourage and facilitate participation in proposals from non-federal and philanthropic partners, and to accept donations. (Sec. 6) States that amounts made available from the Fund shall supplement rather than replace annual expenditures by the NPS. Requires the NPS to maintain adequate, permanent staffing levels and prohibits the replacement of permanent staff with nonpermanent employees hired to carry out this Act. (Sec. 7) Requires the Secretary to submit to Congress a report that includes: (1) an accounting of expenditures from the Fund; (2) a cumulative summary of the results of the National Park Centennial program; and (3) a statement of whether the NPS has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to carry out this Act. (Sec. 8) Repeals requirements under the Land and Water Conservation Fund Act of 1965 permitting the obligation of up to $30 million during each fiscal year for the acquisition of lands, waters, or interests in the National Park System for recreation purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Loss Prevention Act''. SEC. 2. ENERGY AUDIT REQUIREMENT FOR SINGLE-FAMILY AND MULTIFAMILY HOUSING PURCHASED USING A FEDERALLY RELATED HOUSING LOAN. (a) Requirements.--Except as provided in subsection (d) and section 3, a seller of single-family or multifamily housing that will be purchased with the assistance of a federally related housing loan may not sell such housing, unless-- (1) not less than 5 years before the time of sale of the housing, an energy audit meeting the requirements of subsection (b) is conducted with respect to such housing; (2) the seller provides the purchaser a copy of the results of the energy audit referred to in paragraph (1); and (3) the results of the energy audit referred to in paragraph (1) are submitted to the Secretary of Housing and Urban Development. (b) Energy Audit.--An energy audit meets the requirements under this subsection only if-- (1) the audit is conducted by a home energy auditor or equivalent, as determined by the Secretary; (2) the results of the audit are recorded using energy audit and disclosure forms prescribed by regulation by the Secretary for single-family or multifamily housing, as applicable; and (3) the results of the audit include-- (A) a standardized ratings score, based on a scoring system approved by the Secretary, in consultation with the Secretary of Energy, that allows the energy efficiency of the housing to be compared to the energy efficiency of similar housing, as determined by the Secretary; and (B) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements for the housing. (c) Notice.--A person who accepts applications for federally related housing loans shall provide to each applicant for such a loan, at the time of such application, written notice of the following: (1) The requirements under subsection (a). (2) The exception under subsection (d) and exemption under section 3. (3) That the Department of Housing and Urban Development maintains, on an Internet website, a database containing copies of the results of energy audits conducted pursuant to this Act. (4) That the applicant for the loan may obtain, from the Department of Housing and Urban Development, copies of any energy audits with respect to the housing for which the loan application is made that have been submitted to such Department. (d) Exception for New Energy Efficient Housing.--The requirements under this section shall not apply with respect to the seller of single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan if such housing-- (1) was constructed not more than 5 years before the time of sale involving such loan; and (2) is-- (A) Energy Star qualified; (B) certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council; or (C) certified under an equivalent certification system approved by the Secretary, in consultation with the Secretary of Energy. (e) Accessibility of Energy Audit Results.-- (1) Local housing offices.--The Secretary shall coordinate with appropriate local recorders of deeds (or other similar local offices responsible for maintaining records of residential real property interests and transactions) to maintain copies of the results of energy audits conducted pursuant to this Act on-file in conjunction with the deeds to such housing. (2) HUD database.--The Secretary shall establish and maintain a database containing copies of the results of energy audits conducted pursuant to this Act and ensure such database is accessible to the public on an Internet website. SEC. 3. EXEMPTION. The Secretary may grant a seller an exemption from any requirement of this Act if the Secretary determines that such requirement would, due to circumstances unique to the single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan and not based on a condition caused by actions of the seller, cause undue hardship for the seller. An exemption granted under this section shall be limited to the minimum change necessary to avoid undue hardship. SEC. 4. CIVIL PENALTIES. In the case of any sale of single-family or multifamily housing involving a federally related housing loan in violation of section 2 of this Act, the Secretary shall assess a civil money penalty against the seller in an amount not to exceed 20 percent of the sale price of such housing for which such loan is made. SEC. 5. HOME ENERGY LOSS PREVENTION FUND AND FEE. (a) Fee.--The Secretary shall assess persons that make federally related housing loans a fee for each such loan made, in an amount to be determined by the Secretary, but not more than necessary to pay costs incurred in carrying out the responsibilities of the Department of Housing and Urban Development under this Act. The Secretary shall collect and deposit such fees in the Home Energy Loss Prevention Fund established under subsection (b)(1) for use in accordance with this section. (b) Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Home Energy Loss Prevention Fund'', consisting of-- (A) amounts collected as fees assessed under subsection (a); and (B) any interest earned on investment of amounts in the Home Energy Loss Prevention Fund credited to the Fund under paragraph (2)(B). (2) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Home Energy Loss Prevention Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest- bearing obligations of the United States. (B) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Home Energy Loss Prevention Fund shall be credited to the Fund. (3) Use of amounts in the fund.--To the extent provided in advance in appropriations Acts, amounts in the Home Energy Loss Prevention Fund shall be made available to the Secretary without fiscal year limitation to carry out the responsibilities of the Department of Housing and Urban Development under this Act. SEC. 6. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than one year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this Act. (b) Effective Date.--The requirements under this Act shall take effect 6 months after the date regulations are promulgated pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act: (1) Energy audit.--The term ``energy audit'' has the meaning given such term in section 391(13) of the Energy Policy and Conservation Act (42 U.S.C. 6371(13)). (2) Federally related housing loan.--The term ``federally related housing loan'' means the following loans: (A) Single-family housing loans.--A federally related mortgage loan, as such term is defined in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)). (B) Multifamily housing loans.--A loan that is described in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), except that for purposes of subparagraph (A) of such paragraph (1) shall be applied-- (i) by substituting ``(including condominium and cooperative projects)'' for ``(including individual units of condominiums and cooperatives)''; and (ii) by substituting ``5 or more families'' for ``from one to four families''. (3) Home energy auditor.--The term ``home energy auditor'' means a person who is certified by an agency approved by the Secretary, in consultation with the Secretary of Energy, to conduct energy audits for single-family housing or multifamily housing, as applicable. (4) Multifamily housing.--The term ``multifamily housing'' means any residential structure consisting of 5 or more dwelling units. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Single-family housing.--The term ``single-family housing'' means any residential structure consisting of 1 to 4 dwelling units. (7) Time of sale.--The term ``time of sale'' means, with respect to any single-family or multifamily housing for which a federally related housing loan is made, the date of the recording of a deed transferring legal title to real property to implement the sale of property that involved such loan.

Summary: Home Energy Loss Prevention Act - Prohibits a seller of housing that will be purchased with the assistance of a federally related housing loan from selling such housing, unless: (1) no less than five years before the sale of such housing, an energy audit is conducted; (2) the seller provides the purchaser a copy of audit results; and (3) such results are submitted to the Secretary of Housing and Urban Development (HUD). Requires such audits to be conducted by a home energy auditor or equivalent. Requires such audit results to be recorded using energy audit and disclosure forms prescribed by the Secretary and to include: (1) a standardized ratings score that allows the housing's energy efficiency to be compared to the energy efficiency of similar housing; and (2) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements. Establishes notice requirements for persons who accept such loans. Exempts from such requirements the seller of housing that: (1) was constructed no more than five years before the time of sale; and (2) is Energy Star qualified or certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or an equivalent certification system approved by the Secretary. Requires the Secretary to maintain an online, publicly accessible database containing copies of audit results. Authorizes the Secretary to grant a seller an exemption from any requirement of this Act that would cause the seller undue hardship due to circumstances unique to the housing and not based on a condition caused by the seller's actions. Requires the Secretary to assess persons that make federally related housing loans a fee for each such loan made and to deposit such fees in the Home Energy Loss Prevention Fund (established by this Act), which shall be available to the Secretary to carry out HUD's responsibilities under this Act.