SECTION 1. SHORT TITLE. This Act may be cited as the ``8/29 Investigation Team Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Hurricanes Katrina and Rita, which struck the Gulf Coast in 2005, caused almost $200,000,000,000 in total economic losses, including insured and uninsured losses; (2) while multiple reviews have been conducted to assess the failure of each flood detection system and related infrastructure since August 2005, Congress has yet to be informed of definitive recommendations or specific proposals for action; (3) to the extent the possibility of another significant flood protection system failure with the resulting devastation and damage exists, a proper technical and investigative review is needed; and (4) the most efficient and effective approach to assessing the failure of the flood protection system and subsequent devastation is-- (A) to establish a bipartisan investigation team of experts to study-- (i) the management, construction, and funding of levee, flood control, coastal reconstruction, and hurricane protection projects; and (ii) the means by which the Federal Government responds to catastrophic disasters and by which the Federal Government prepares and develops contingency plans and disaster preparations; and (B) to require the Investigation Team to timely report the recommendations of the Investigation Team to Congress so that Congress can quickly identify any outstanding issues and determine a solution to protect residents of the Gulf Coast in particular and the United States in general. SEC. 3. ESTABLISHMENT OF 8/29 INVESTIGATION TEAM. There is established a bipartisan investigation team, to be known as the ``8/29 Investigation Team'' (referred to in this Act as the ``Investigation Team''), to examine-- (1) the events beginning on August 29, 2005; and (2) each flood control and restoration project that has been carried out-- (A) since August 29, 2005; and (B) in the Gulf Coast. SEC. 4. MEMBERSHIP. (a) Composition.--The Investigation Team shall be composed of 12 members, appointed as follows: (1) 2 members appointed by the President; (2) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Environment and Public Works of the Senate; (3) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security and Governmental Affairs of the Senate; (4) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Transportation and Infrastructure of the House of Representatives; (5) 2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security of the House of Representatives; and (6) 2 members appointed by the Governor of the State of Louisiana, subject to confirmation by the Committee on Environment and Public Works of the Senate. (b) Cochairpersons.-- (1) Election of cochairpersons.--The Investigation Team shall, by a majority of the members of the Investigation Team, elect 2 cochairpersons from the members of the Investigation Team. (2) Political affiliation.--Each cochairperson elected by the members of the Investigation Team under paragraph (1) shall be affiliated with a different political party. (c) Prohibition.--No elected official of the Federal Government shall serve as a member of the Investigation Team. (d) Sense of Congress Regarding Qualifications.--It is the sense of Congress that individuals appointed to the Investigation Team should be-- (1) prominent United States citizens; and (2) individuals who are nationally recognized for a significant depth of experience in professions such as-- (A) governmental service; (B) engineering; (C) public works; (D) wetlands restoration; (E) public administration; (F) disaster planning and recovery; and (G) environmental planning. (e) Meetings; Quorum; Vacancies.-- (1) Initial meeting.-- (A) In general.--If, on the date that is 60 days after the date of enactment of this Act, not more than 6 members of the Investigation Team have been appointed under subsection (a), the members shall meet and, if necessary, select temporary cochairpersons, who may begin the operations of the Investigation Team, including the hiring of staff. (B) Review of actions.--Each action carried out by the Investigation Team under subparagraph (A) shall be reviewed by the Investigation Team as soon as practicable after the date on which the Investigation Team is comprised of not less than 7 members. (2) Subsequent meetings.--After the initial meeting, the Investigation Team shall meet at the call of each cochairperson or a majority of the members of the Investigation Team. (3) Quorum.--7 members of the Investigation Team shall constitute a quorum. (4) Vacancies.--A vacancy on the Investigation Team-- (A) shall not affect the powers of the Investigation Team; and (B) shall be filled in the same manner as the original appointment was made. SEC. 5. DUTIES OF INVESTIGATION TEAM. The Investigation Team shall-- (1) review findings and recommendations contained in all public and private studies conducted in the aftermath of the levee failures in the State of Louisiana on or after August 29, 2005, including-- (A) the study entitled ``The Federal Response to Hurricane Katrina'' and dated February 2006; (B) the study entitled ``Performance Review of FEMA's Disaster Management Activities in Response to Hurricane Katrina'', numbered OIG-06-32, and dated March 2006; (C) the study entitled ``A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina'' (Report No. 109-377) and dated February 15, 2006; (D) the study entitled ``Hurricane Katrina: A Nation Still Unprepared'' (S. Rept. 109-322); (E) the study entitled ``Interagency Performance Evaluation Task Force Report'' and dated June 1, 2006; (F) the study entitled ``Prioritizing America's Water Resources'', published by the National Associations of Public Administrators, and dated February 2007; (G) the study entitled ``The failure of the New Orleans Levee System during Hurricane Katrina'', published by Team Louisiana, and dated February 2007; and (H) the study entitled ``Investigation of the Performance of the New Orleans Flood Protection Systems In Hurricane Katrina on August 29, 2005'', published by the Independent Levee Investigation Team, and dated July 31, 2006; (2) examine and review the ongoing exposure of the United States to the flood control system failures described in paragraph (1) and other potential future flood control system failures; and (3) submit to the President and Congress a report that contains recommendations for any necessary legislative or regulatory change that will-- (A) improve the functioning of the Corps of Engineers to prevent a catastrophic flood control system failure; (B) ensure proper planning and review of the policies and procedures of Federal and State agencies to prevent such a failure in the future; (C) provide for environmental management and recovery during and after a disaster; (D) provide for the identification of each party at the Federal, State, and local levels that was responsible for each decision that helped cause the events of August 29, 2005; and (E) outline each proposal that is necessary to revise the management, planning, funding, and oversight of levee, coastal restoration, and flood control projects that are located in the disaster affected areas. SEC. 6. POWERS OF INVESTIGATION TEAM. (a) In General.-- (1) Hearings and evidence.--In carrying out the duties of the Investigation Team under this Act, the Investigation Team, and any subcommittee or member acting under the authority of the Investigation Team, may-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate; and (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate. (2) Subpoenas.-- (A) In general.--A subpoena issued under paragraph (1)(B)-- (i) may be issued under the signature of each cochairperson of the Investigation Team; and (ii) may be served by-- (I) the chairperson of any subcommittee created by a majority of the members of the Investigation Team; (II) any member of the Investigation Team designated by a majority of the members of the Investigation Team; and (III) any person designated by each cochairperson of the Investigation Team. (B) Applicability of revised statutes.--Sections 102 through 104 of the Revised Statutes (2 U.S.C. 192 et seq.) shall apply in the case of a failure of any witness to comply with a subpoena or to testify when summoned under authority of this section. (b) Contracting.--The Investigation Team may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Investigation Team to carry out the duties of the Investigation Team under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Investigation Team may secure directly from a Federal agency information the Investigation Team considers necessary to carry out this Act. (2) Provision of information.--On request of each cochairperson of the Investigation Team, the head of the agency shall provide the information to the Investigation Team. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Investigation Team, on a reimbursable basis, administrative support and other services to assist the Investigation Team in carrying out the duties of the Investigation Team under this Act. (2) Other departments and agencies.--In addition to the assistance prescribed under paragraph (1), any other Federal department or agency may provide to the Investigation Team such services, funds, facilities, staff, and other support services as the head of the department or agency determines to be appropriate and in accordance with applicable law. (e) Postal Services.--The Investigation Team may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (f) Gifts.--The Investigation Team may accept, use, and dispose of gifts or donations of services or property. SEC. 7. STAFF OF THE INVESTIGATION TEAM. (a) Staff.-- (1) In general.--The cochairpersons of the Investigation Team may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and other personnel as is necessary to enable the Investigation Team to perform the duties of the Investigation Team. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Investigation Team. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the cochairpersons of the Investigation Team may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Investigation Team who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (2) Members of investigation team.--Paragraph (1) shall not apply to any member of the Investigation Team. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Investigation Team without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Consultant Services.--The Investigation Team may procure the services of any expert or consultant, in accordance with section 3109 of title 5, United States Code, at a rate not to exceed the daily rate of pay of an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. REPORT. Not later than 180 days after the date on which all members of the Investigation Team are appointed under section 4(a), the Investigation Team shall submit to the President and Congress a final report that contains-- (1) a detailed statement of the findings of the Investigation Team; and (2) any recommendations of the Investigation Team for legislative or administrative action that the Investigation Team considers appropriate. SEC. 9. TERMINATION. The Investigation Team shall terminate on the date that is 60 days after the date on which the Investigation Team submits the final report under section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $5,000,000 to carry out this Act.

Summary: 8/29 Investigation Team Act - Establishes a bipartisan 8/29 Investigation Team to examine: (1) the events beginning on August 29, 2005, with respect to the failure of the flood protection system in response to Hurricanes Katrina and Rita; and (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast. Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications. Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005; (2) review the ongoing U.S. exposure to flood control system failures; and (3) report on necessary legislative or regulatory changes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Compensation Reform Act of 2010''. SEC. 2. EXECUTIVE COMPENSATION PAID BY SYSTEMICALLY SIGNIFICANT FINANCIAL INSTITUTIONS. (a) In General.--Subsection (m) of section 162 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for application to systemically significant financial institutions.-- ``(A) In general.--In the case of an employer which is a systemically significant financial institution, this subsection shall apply with the following modifications: ``(i) Non-public entities.--Paragraph (1) shall be applied by substituting `employer' for `publicly held corporation'. ``(ii) Covered employees.--Paragraph (3) shall be applied-- ``(I) by substituting `such employee is among the 25 highest compensated employees' for so much of subparagraph (B) as precedes `for the taxable year (other than the chief executive officer).', and ``(II) in addition to the individuals described in such paragraph (including the individuals described in subclause (I) of this clause), by treating any employee whose actions have a material impact on the risk exposure of the taxpayer as a covered employee. Any employee whose applicable employee remuneration for the taxable year exceeds $1,000,000 is presumed to engage in actions which have a material impact on the risk exposure of the taxpayer unless the taxpayer submits an information return to the Secretary which describes the role and responsibilities of such employee and the reason such employee should not be considered to have a material impact on the risk exposure of the taxpayer. Such return shall be deemed to have been approved unless the Secretary notifies the taxpayer in writing within 90 days of the submission of such return. For purposes of this clause, the term `employee' includes employees within the meaning of section 401(c)(1). ``(iii) Remuneration payable on commission basis.--Subparagraph (B) of paragraph (4) shall not apply. ``(iv) Deferred deduction executive remuneration.--In the case of any deferred deduction executive remuneration (as determined under rules similar to the rules of paragraph (5)(F), if executive remuneration for purposes of such paragraph included remuneration of covered employees as defined in clause (ii) of this paragraph, and if the year in which the applicable services were performed were treated as an applicable taxable year), rules similar to the rules of paragraph (5)(A)(ii) shall apply by substituting `$1,000,000' for `$500,000'. ``(B) Systemically significant financial institution.-- ``(i) In general.--For purposes of this paragraph, the term `systemically significant financial institution' means an entity which engages primarily in activities which are financial in nature (as determined under section 4(k) of the Bank Holding Company Act of 1956), and which-- ``(I) owns or controls assets greater than $25,000,000,000, or ``(II) owns or controls assets greater than $10,000,000,000 and maintains a ratio of debt to equity which is greater than 20 to 1. ``(ii) Classification.--A taxpayer which is a systemically significant financial institution for any taxable year shall be a systemically significant financial institution for purposes of all subsequent taxable years. ``(C) Special rules for performance-based compensation.--Remuneration payable solely on account of the attainment of one or more performance goals (hereinafter `performance-based remuneration') which is paid by any systemically significant financial institution to any covered employee (as determined under subparagraph (A)(ii)) shall not be excluded under subparagraph (C) of paragraph (4) from treatment as applicable employee remuneration unless the following requirements are met: ``(i) Performance-based compensation pool.--The amount and allocation of the taxpayer's performance-based remuneration for covered employees are determined by the compensation committee required under paragraph (4)(C)(i) by taking into account-- ``(I) the cost and quantity of capital required to support the risks taken by the taxpayer in the conduct of the financial activities of the taxpayer, ``(II) the cost and quantity of the liquidity risk assumed by the taxpayer in the conduct of such activities, and ``(III) the timing and likelihood of potential future revenues from such activities. ``(ii) Material terms.--The material terms of performance-based remuneration paid to covered employees specify that-- ``(I) not less than 50 percent of such remuneration must vest no earlier than 5 years after the date of payment, ``(II) the proportion of such remuneration payable under vesting arrangements must increase based on the level of seniority or responsibility of the employee, ``(III) such remuneration payable under vesting arrangements must vest on a basis no faster than pro rata over the specified number of years of such arrangement (not to be less than 5), ``(IV) such remuneration is contingent on a formal agreement between the taxpayer and the employee which forbids the use of personal hedging strategies, remuneration- related insurance, or liability-related insurance which undermines the risk alignment effects of this paragraph, ``(V) in the case of an employer which is a publicly held corporation, not less than 50 percent of such remuneration must be in the form of stock in the employer, and ``(VI) in the case of remuneration paid to a chief executive officer or chief financial officer (if such chief financial officer is a covered employee) of a publicly held corporation, such remuneration must be subject to substantial forfeiture requirements in the event the taxpayer is required to prepare an accounting restatement due to material noncompliance, as a result of misconduct, with any financial reporting requirement under Federal securities laws. For purposes of this clause, the date on which remuneration is deemed to have vested is the first date on which such remuneration is not subject to a substantial risk of forfeiture (within the meaning of section 409A(d)(4)). ``(D) Special rule for performance-based compensation paid by non-public entities.--In the case of a systemically significant financial institution which is not a publicly held corporation, in addition to the requirements of subparagraph (C), paragraph (4)(C) shall be applied by substituting the following for clauses (i) through (iii) thereof: ``(i) the taxpayer commissions an annual, external review of its compensation policies and practices, including an examination and analysis of the taxpayer's compliance with the requirements of this subsection, and ``(ii) the taxpayer obtains certification from an unrelated third party commissioned to evaluated compensation practices that performance goals and other material terms under which the remuneration is to be paid are satisfied before any payment of such remuneration is made.'. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (b) or (c) of section 414 shall be treated as related taxpayers. ``(E) Coordination with rules for employers participating in the troubled assets relief program.-- In the case of any systemically significant financial institution to which paragraph (5) applies for any taxable year, this paragraph shall not apply to any payment of remuneration to which such paragraph applies. ``(F) Regulatory authority.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe such guidance, rules, or regulations of general applicability as are necessary to carry out the purposes of this paragraph, including-- ``(i) the method for valuing assets for purposes of subparagraph (B)(i), ``(ii) the method for calculating the ratio described in subparagraph (B)(i)(II), ``(iii) criteria for use in determining whether the actions of an employee have a material impact on the risk exposure of the taxpayer, and for determining what constitutes a substantial forfeiture requirement with respect to executive remuneration, ``(iv) criteria for determining whether a remuneration agreement constitutes a hedging strategy, and ``(v) anti-abuse rules to prevent the avoidance of the purposes of this paragraph, including by use of independent contractors. ``(G) Application of paragraph.--This paragraph shall apply-- ``(i) in the case of an entity which is a systemically significant financial institution in calendar 2010, to remuneration for services performed in calendar years beginning after 2010, and ``(ii) in the case of an entity which becomes a systemically significant financial institution in a calender year after 2010, to remuneration for services performed in calendar years beginning with the second calendar year after the year in which such entity first becomes a systemically significant financial institution.''. (b) Conforming Amendment.--Subparagraph (G) of section 162(m)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (6) shall not apply to any payment of remuneration to which this paragraph applies.''. (c) Report on Performance-Based Compensation Paid by Publicly Held Corporations.-- (1) In general.--Each systemically significant financial institution which is a publicly held corporation shall submit to the Chairman of the Securities and Exchange Commission, and shall make publicly available, an annual report on compensation policies and practices which describes-- (A) the process used to develop and modify such institution's compensation policies, including the composition and the mandate of such institution's compensation committee, (B) the actions taken by such institution to comply with section 162(m)(6) of the Internal Revenue Code of 1986, (C) any additional actions taken to implement the Principles for Sound Compensation Practices adopted by the Financial Stability Board established by the G-20 Finance Ministers and Central Bank Governors, (D) the most important design characteristics of such institution's compensation policies, including criteria used for performance measurement and risk adjustment, the linkage between pay and performance, vesting policy and criteria, and the parameters used for allocating cash versus other forms of remuneration, (E) aggregate quantitative information on remuneration paid by such institution, differentiating between remuneration paid to senior executive officers and to employees whose actions have a material impact on the risk exposure of such institution, which indicates the amounts of remuneration for the financial year (divided into fixed and variable remuneration) and the number of employees to which such remuneration was paid, and (F) the amount of remuneration paid by such institution during the financial year preceding the year of the report which was nondeductible by reason of section 162(m) of such Code. (2) Timing of report.--The report required under paragraph (1) shall be submitted beginning in calendar year 2011 (or, if later, the calendar year after the year in which an entity first becomes a systemically significant financial institution which is a publicly held corporation), at such time during such year and each subsequent year as the Chairman of the Securities and Exchange Commission shall specify. (3) Definitions.--Any term used in this subsection which is also used in section 162(m)(6) of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to remuneration for services performed after December 31, 2010.

Summary: Wall Street Compensation Reform Act of 2010 - Amends the Internal Revenue Code to restrict the tax deduction for compensation paid to highly-paid employees of systemically significant financial institutions. Requires such compensation to be performance-based, to vest no earlier than five years after the date of payment, and to consist of 50% employer stock. Prohibits such highly-paid employees from using personal hedging strategies and remuneration or liability-related insurance and requires forfeiture of compensation paid to a chief executive or financial officer of such an institution if an accounting restatement is required due to material noncompliance, as a result of misconduct, with any federal financial reporting requirement. Defines a "systemically significant financial institution" as an entity which engages primarily in financial activities (as determined under the Bank Holding Company Act of 1956) and which: (1) owns or controls assets greater than $25 billion; or (2) owns or controls assets greater than $10 billion and maintains a ratio of debt to equity greater than 20 to 1. Requires each systemically significant financial institution which is a publicly held corporation to make an annual report on its compensation policies and practices to the Securities and Exchange Commission (SEC) and make such report publicly available.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Video Game Rating Act''. SEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES. Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules under section 553 of title 5, United States Code, to prohibit the following as an unfair and deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)): (1) Rating game only on partial content.--Such rules shall prohibit any rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (2) Withholding content for rating.-- (A) In general.--Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of the video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization. (B) Hidden content.--Such rules shall provide that where, in the course of obtaining a content rating, a person submits to a rating organization a video or computer game that contains hidden content, that such person also provide the rating organization with the necessary codes or methods of accessing such hidden content. (3) Gross mischaracterization of content.--Such rules shall prohibit any rating organization from providing a content rating that grossly mischaracterizes (as defined by the Commission in such rules) the content of the video or computer game. SEC. 3. G.A.O. STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study to determine-- (1) the efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games; (2) whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed; (3) whether an independent ratings system, developed and administered by persons or entities with no financial interest in the video and computer game industry, would result in more accurate and effective content ratings for video and computer games than the rating system used by the Entertainment Software Ratings Board; and (4) the efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and computer games. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to video and computer game content ratings that address the unique ratings challenges of online and Internet-based video games. SEC. 4. DEFINITIONS. In this Act: (1) Content rating.--The term ``content rating'' means any rating of the content of a video or computer game provided to notify consumers of any content which may be offensive to consumers or may not be suitable to persons of varying ages, including such content as violence, graphic sexual content, nudity, or strong language. (2) Hidden content.--The term ``hidden content'' means any playable content that may be disabled or blocked from a user of the video or computer game so that it can be accessed only by inputting a code or command or by altering the game's software with a modification, patch, or similar tool, utility, or method. (3) Playable content.--The term ``playable content'', with respect to video or computer games, means all of the scenes, visual images, sounds, and words that a user can access after installing the game on a computer, console, telecommunication device, or similar technology, and includes hidden content. (4) Rating organization.--The term ``rating organization'' means the Entertainment Software Ratings Board or any other independent organization that assigns content ratings for video or computer games. (5) Video or computer game.--The term ``video or computer game'' means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user to interact with a computer-controlled virtual environment for entertainment purposes.

Summary: Truth in Video Game Rating Act - Requires the Federal Trade Commission (FTC) to prescribe rules that prohibit as an unfair and deceptive act or practice: (1) any rating organization from assigning a content rating to any video or computer game unless it has reviewed its playable content; and (2) any producer, seller, or distributor of such games from withholding or hiding any such content. Requires the FTC rules also to: (1) require any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content; and (2) prohibit a rating organization from providing a content rating that grossly mischaracterizes the game content. Directs the Comptroller General to study and report to Congress on the efficacy of the Entertainment Software Ratings Board (ESRB) ratings system in assigning appropriate content ratings to video and computer games, and related questions.


SECTION 1. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS. (a) Definitions.--In this section: (1) School.--The term ``school'' means-- (A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)); (C) a school of the defense dependents' education system under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 of title 10, United States Code; (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Designation of Lead Agency.--The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (c) Requirements.--In carrying out coordination and outreach under subsection (b), the Secretary shall-- (1) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (2) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in paragraph (1) for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools-- (A) to use existing Federal opportunities more effectively; and (B) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities to support the initiation of the projects; (3) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects-- (A) to increase the energy efficiency of buildings or facilities; (B) to install systems that individually generate energy from renewable energy resources; (C) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (D) to promote-- (i) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (ii) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (4) develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (5) establish a process for recognition of schools that-- (A) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (B) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (d) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the implementation of this section.

Summary: This bill amends the Energy Policy and Conservation Act to direct the Department of Energy (DOE), acting through the Office of Energy Efficiency and Renewable Energy, to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. DOE must: carry out a review of existing programs and financing mechanisms available in or from appropriate federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used for such purposes; establish a federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available federal opportunities and assistance for such projects that enables states, local educational agencies, and schools to use existing federal opportunities more effectively and to form partnerships with appropriate entities to support project initiation; provide technical assistance for states, local educational agencies, and schools to help develop and finance projects that meet specified requirements; develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office for states, local educational agencies, and schools to effectively access and use federal opportunities and assistance to develop such projects; and establish a process for recognition of schools that have successfully implemented such projects and are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill Emerson English Language Empowerment Act of 1997''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds. (2) The United States has benefited and continues to benefit from this rich diversity. (3) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been a common language. (4) In order to preserve unity in diversity, and to prevent division along linguistic lines, the Federal Government should maintain a language common to all people. (5) English has historically been the common language and the language of opportunity in the United States. (6) The purpose of this title is to help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States. (7) By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the United States. (8) The use of a single common language in conducting official businesss of the Federal Government will promote efficiency and fairness to all people. (9) English should be recognized in law as the language of official business of the Federal Government. (10) Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English-speaking immigrants. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT ``Sec. ``161. Declaration of official language of Federal Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Federal Government activities in English. ``164. Standing. ``165. Reform of naturalization requirements. ``166. Application. ``167. Rule of construction. ``168. Affirmation of constitutional protections. ``169. Definitions. ``Sec. 161. Declaration of official language of Federal Government ``The official language of the Federal Government is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Federal Government activities in English ``(a) Conduct of Business.--Representatives of the Federal Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Federal Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled-- ``(1) to communicate with representatives of the Federal Government in English; ``(2) to receive information from or contribute information to the Federal Government in English; and ``(3) to be informed of or be subject to official orders in English. ``Sec. 164. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. ``Sec. 165. Reform of naturalization requirements ``(a) Fluency.--It has been the longstanding national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in society in the United States. ``(b) Ceremonies.--All authorized officials shall conduct all naturalization ceremonies entirely in English. ``Sec. 166. Application ``Except as otherwise provided in this chapter, the provisions of this chapter shall supersede any existing Federal law that contravenes such provisions (such as by requiring the use of a language other than English for official business of the Federal Government). ``Sec. 167. Rule of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or an employee or official of the Federal Government, while performing official business, from communicating orally with another person in a language other than English; ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to discriminate against or restrict the rights of any individual in the country; and ``(4) to discourage or prevent the use of languages other than English in any nonofficial capacity. ``Sec. 168. Affirmation of constitutional protections ``Nothing in this chapter shall be construed to be inconsistent with the Constitution of the United States. ``Sec. 169. Definitions ``For purposes of this chapter: ``(1) Federal government.--The term `Federal Government' means all branches of the national Government and all employees and officials of the national Government while performing official business. ``(2) Official business.--The term `official business' means governmental actions, documents, or policies which are enforceable with the full weight and authority of the Federal Government, and includes publications, income tax forms, and informational materials, but does not include-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act; ``(C) actions, documents, or policies necessary for-- ``(i) national security issues; or ``(ii) international relations, trade, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions, documents, or policies that are not enforceable in the United States; ``(G) actions that protect the rights of victims of crimes or criminal defendants; ``(H) actions in which the United States has initiated a civil lawsuit; or ``(I) using terms of art or phrases from languages other than English. ``(3) United states.--The term `United States' means the several States and the District of Columbia.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Federal Government..................... 161''. SEC. 4. PREEMPTION. This title (and the amendments made by this title) shall not preempt any law of any State. SEC. 5. EFFECTIVE DATE. The amendments made by section 3 shall take effect on the date that is 180 days after the date of enactment of this Act.

Summary: Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Lands Tracts Conveyance Act''. SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS. (a) Definitions.--In this section: (1) Director concerned.--The term ``Director concerned'' means the Director of the Bureau of Land Management for a State. (2) Eligible federal lands parcel.--The term ``eligible Federal lands parcel'' means a parcel of National Forest System land or the public lands that-- (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C) is not subject to existing rights held by a non-Federal entity; (D) does not contain an exceptional resource; and (E) is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (3) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing-- (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (4) National forest system land.-- (A) In general.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (B) Exclusions.--The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (5) Public lands.-- (A) In general.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (B) Exclusions.--The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (6) Regional forester concerned.--The term ``Regional Forester concerned'' means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b) Selection of Parcels for Conveyance.-- (1) Two selection methods.--The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section-- (A) in response to a request submitted by an owner of non-Federal land that shares one or more boundaries with the parcel; or (B) upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2) Review of landowner request.--When a landowner submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (3) Rejection of landowner request.--If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by a landowner request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner-- (A) a written explanation of the reasons for the rejection, which specifically specifies-- (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the rejection under subsection (e). (c) Parcel and Acreage Limitations.-- (1) Acreage.--An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2) Number of parcels.--A person may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the person may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d) Conveyance Process.-- (1) Public notice.--The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2) Single adjacent landowner.--If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the landowner. (3) Multiple adjacent landowners.--If multiple parcels of non-Federal land, owned by different landowners, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (4) Rejection of offers.--The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The landowner shall be given an opportunity to appeal the rejection under subsection (e). (5) Compliance with local planning and zoning.--As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non- Federal land of the purchaser. (6) Form of conveyance.--When an eligible Federal lands parcel is to sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e) Appeals Process.-- (1) Availability of appeal.--If the Director concerned or the Regional Forester concerned rejects a landowner request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects a landowner offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process available under section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note). (2) Administering official.--For purposes of applying section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f) Consideration.-- (1) Fair market value.--As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2) Establishment.--The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the landowner seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). (g) Treatment of Proceeds.-- (1) Sharing and deposit of proceeds.--Of the consideration received by the Director concerned or the Regional Forester concerned under subsection (f) for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall-- (A) subject to paragraph (2), pay 50 percent of the consideration to the county government of the county in which the parcel is located; and-- (B) deposit the remainder in the general fund of the Treasury. (2) Effect of county purchase.--If an eligible Federal lands parcel is purchased by a State, county, or city government or any agency thereof, the county government in which the parcel is located shall not receive a portion of the consideration paid for the parcel. Instead, the entire amount of the consideration shall be deposited in the general fund of the Treasury. (h) Payment of Costs of Conveyance.-- (1) Payment required.--The Director concerned or the Regional Forester concerned shall require the purchaser of an eligible Federal lands parcel under this section to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the purchaser of the parcel in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i) Time for Conveyance.--It is the intent of the Congress that the sale of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j) NEPA Exemption.--The conveyance of eligible Federal lands parcels under this section is not a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) because each conveyance involves only a small parcel of National Forest System land or the public lands and has no significant impact on critical habitats or endangered or threatened species, critical environments, exceptional resources. (k) Additional Authority.--The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law.

Summary: Small Lands Tracts Conveyance Act - Requires the Director of the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Regional Forester (respecting certain National Forest System lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an owner of non-federal land that shares one or more boundaries with such parcel, or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Bars a conveyed eligible parcel from exceeding 160 acres unless the Director or Regional Forester concerned approves a request for additional acreage. Permits acquisition by a person of only one eligible parcel a year, subject to an exception. Instructs the Director or Regional Forester concerned, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to not less than the fair market value of such parcel, including the mineral estate, being conveyed. Requires the Director or the Regional Forester concerned to: (1) pay 50% of the consideration received for the sale of an eligible parcel to the county government in which such parcel is located, and (2) deposit the remaining amount in the general Treasury fund. Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the Director or Regional Forester concerned for the costs incurred, in carrying out the conveyance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Scaling Up Manufacturing Act of 2013''. SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES. ``(a) General Rule.--For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. ``(b) Eligible Business.--For purposes of this section, the term `eligible business' means any corporation or partnership-- ``(1) which is engaged in an active trade or business, ``(2) which is headquartered in the United States, ``(3) substantially all of the management or administrative activities of which are performed in the United States, ``(4) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a dedicated commercial manufacturing facility, ``(5) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(c) Qualified Facility Construction Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified facility construction expenditures' means amounts paid or incurred by the taxpayer-- ``(A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and ``(B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. ``(2) Qualified product.--The term `qualified product' means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. ``(d) Special Rules.--For purposes of this section-- ``(1) Recapture.-- ``(A) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable recapture percentage, and ``(ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. ``(B) Applicable recapture percentage.-- ``(i) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: ``If the recapture event The applicable recapture percentage occurs in: is: Year 1............................................. 100 Year 2............................................. 80 Year 3............................................. 60 Year 4............................................. 40 Year 5............................................. 20 Years 6 and thereafter............................. 0. ``(ii) Years.--For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. ``(C) Recapture event.--For purposes of this paragraph-- ``(i) In general.--A recapture event occurs with respect to any facility if-- ``(I) the taxpayer becomes insolvent, or ``(II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. ``(ii) Special rule for facilities not placed in service within 5 years.--In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. ``(2) Credit may be assigned.--The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(3) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(4) Predecessor.--Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(5) Denial of double benefit.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: ``(i) Manufacturing Facility Expenditures.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a).''. (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) manufacturing facility expenditure credit determined under section 45S(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(d)(2).''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Summary: Scaling Up Manufacturing Act of 2013 - Amends the Internal Revenue Code to allow certain corporations or partnerships that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Energy Efficiency Act''. SEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency improvement.-- (A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in demand by a nonprofit organization for energy or fuel supplied from outside the nonprofit building. (B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving-- (i) repairing, replacing, or installing-- (I) a roof, electrical wiring, plumbing, sewage, or lighting system, or component of a roof, electrical wiring, or system; (II) a window; (III) a door, including a security door; or (IV) a heating, ventilation, or air conditioning system or component of the system (including insulation); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a house of worship; and (vi) any other nonresidential and noncommercial structure. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on-- (A) the cost-effectiveness of the energy-efficiency improvement; and (B) an effective plan for evaluation, measurement, and verification of energy savings. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed-- (A) an amount equal to 50 percent of the energy- efficiency improvement; and (B) $200,000. (5) Cost sharing.-- (A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2013 through 2016, to remain available until expended. SEC. 3. OFFSET. Section 399A(i) of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1(i)) is amended-- (1) in paragraph (1), by striking ``2013'' and inserting ``2012 and $200,000,000 for each of fiscal years 2013 through 2016''; and (2) in paragraph (2), by striking ``2013'' and inserting ``2016''.

Summary: Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2013-FY2016 and makes offsetting reductions in authorizations for energy sustainability and efficiency grants under the Energy Policy and Conservation Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconnecting Congress with America Act of 2011''. SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO FEDERAL BUDGET DEFICIT. (a) Determination of Salaries.--The annual rate of pay for a Member of Congress (including a Delegate or Resident Commissioner to the Congress) for pay periods occurring in a calendar year shall be equal to the following: (1) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was equal to or greater than 3 percent of the gross domestic product, 80% of the base rate applicable to the Member. (2) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was less than 3 percent of the gross domestic product, 90% of the base rate applicable to the Member. (3) If, with respect to the most recent fiscal year ending before that calendar year, there was no Federal deficit, 100% of the base rate applicable to the Member. (b) Federal Deficit.-- (1) Definition.--For purposes of this section, the term ``Federal deficit'' means, with respect to a fiscal year, the amount by which outlays of the Federal Government exceeded receipts of the Government for that fiscal year. (2) Report by secretary of the treasury.--Not later than 30 days after the end of each fiscal year (beginning with fiscal year 2011), the Secretary of the Treasury shall-- (A) make a determination of the gross domestic product for that fiscal year; (B) make a determination of whether a Federal deficit existed with respect to that fiscal year, and, if so, the amount of such Federal deficit; and (C) submit a report of such determinations to Congress. (c) Base Rate.--For purposes of this section, the ``base rate'' applicable to a Member of Congress means-- (1) in the case of the Speaker of the House of Representatives, $223,500; (2) in the case of the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, $193,400; and (3) in the case of any other Member of Congress, $174,000. (d) Conforming Amendment.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (e) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to pay periods occurring on or after January 1, 2013. (2) Sense of congress regarding voluntary return of salary.--It is the sense of Congress that, during pay periods occurring after the date of enactment of this Act and prior to the date referred to in paragraph (1), each Member of Congress should voluntarily adjust the amount of the Member's salary to reflect the annual rates of pay that will take effect on such date. SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS. (a) Civil Service Retirement System.-- (1) Member contribution.--Notwithstanding any provision of subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply minus 4.9 percentage points. (b) Federal Employees' Retirement System.-- (1) Member contribution.--Notwithstanding any provision of section 8422(a) of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of section 8423 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply (disregarding paragraph (1)) minus 4.9 percentage points. SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON NONPUBLIC INFORMATION RELATING TO CONGRESS. (a) Nonpublic Information Relating to Congress and Other Federal Employees.-- (1) Commodities transactions.--Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: ``(h) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such commodity if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(i) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information derived from Federal employment and relating to such commodity if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (2) Securities transactions.--Section 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at the end the following: ``(d) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such issuer if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(e) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information derived from Federal employment and relating to such issuer if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (b) Committee Hearings on Implementation.-- (1) In general.--The Committee on Agriculture of the House of Representatives shall hold a hearing on the implementation by the Commodity Futures Trading Commission of subsections (h) and (i) of section 4c of the Commodity Exchange Act (as added by subsection (a)), and the Committee on Financial Services of the House of Representatives shall hold a hearing on the implementation by the Securities Exchange Commission of subsections (d) and (e) of section 10 of the Securities Exchange Act of 1934 (as added by subsection (a)). (2) Exercise of rulemaking authority.--Paragraph (1) is enacted-- (A) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS. It is the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.

Summary: Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit. Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress. Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase. Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.