SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improved Passenger Automobile Fuel Economy Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--40 MPG STANDARD BY 2017 Sec. 101. Cafe standards for passenger automobiles. Sec. 102. Fuel economy standard credits. Sec. 103. Authorization of appropriations. Sec. 104. Effective date. TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION Sec. 201. Market-based initiatives. Sec. 202. Implementing panel. Sec. 203. Definitions. TITLE I--40 MPG STANDARD BY 2017 SEC. 101. CAFE STANDARDS FOR PASSENGER AUTOMOBILES. (a) Average Fuel Economy Standards for Automobiles.--Section 32902 of title 49, United States Code, is amended-- (1) by striking subsections (b) and (c) and inserting the following: ``(b) Passenger Automobiles.-- ``(1) In general.--At least 18 months before the beginning of each model year, the Secretary of Transportation shall prescribe by regulation average fuel economy standards for passenger automobiles manufactured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year. The Secretary may prescribe separate standards for different classes of passenger automobiles. ``(2) Minimum standard.--Except as provided in paragraph (3), in prescribing a standard under paragraph (1), the Secretary shall ensure that no manufacturer's standard for a particular model year is less than the greater of-- ``(A) the standard in effect on the date of enactment of the Improved Passenger Automobile Fuel Economy Act of 2007; or ``(B) a standard established in accordance with the requirement of section 104(c)(2) of that Act. ``(3) 40 miles per gallon standard for model year 2017.-- The Secretary shall prescribe an average fuel economy standard for passenger automobiles manufactured by a manufacturer in model year 2017 of 40 miles per gallon. If the Secretary determines that more than 1 manufacturer is not reasonably expected to achieve that standard, the Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce of that determination. ``(c) Flexibility of Authority.-- ``(1) In general.--The authority of the Secretary to prescribe by regulation average fuel economy standards for automobiles under this section includes the authority to prescribe standards based on one or more vehicle attributes that relate to fuel economy, and to express the standards in the form of a mathematical function. The Secretary may issue a regulation prescribing standards for one or more model years. ``(2) Required lead-time.--When the Secretary prescribes an amendment to a standard under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment at least 18 months before the beginning of the model year to which the amendment applies. ``(3) No across-the-board increases.--When the Secretary prescribes a standard, or prescribes an amendment under this section that changes a standard, the standard may not be expressed as a uniform percentage increase from the fuel- economy performance of automobile classes or categories already achieved in a model year by a manufacturer.''; (2) by inserting ``motor vehicle safety, emissions,'' in subsection (f) after ``economy,''; (3) by striking ``energy.'' in subsection (f) and inserting ``energy and reduce its dependence on oil for transportation.''; (4) by striking subsection (j) and inserting the following: ``(j) Notice of Final Rule.--Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and the Administrator of the Environmental Protection Agency and provide them a reasonable time to comment on the standard or exemption.''; and (5) by adding at the end thereof the following: ``(k) Costs-Benefits.--The Secretary of Transportation may not prescribe an average fuel economy standard under this section that imposes marginal costs that exceed marginal benefits, as determined at the time any change in the standard is promulgated.''. (b) Exemption Criteria.--The first sentence of section 32904(b)(6)(B) of title 49, United States Code, is amended-- (1) by striking ``exemption would result in reduced'' and inserting ``manufacturer requesting the exemption will transfer''; (2) by striking ``in the United States'' and inserting ``from the United States''; and (3) by inserting ``because of the grant of the exemption'' after ``manufacturing''. (c) Conforming Amendments.-- (1) Section 32902 of title 49, United States Code, is amended-- (A) by striking ``or (c)'' in subsection (d)(1); (B) by striking ``(c),'' in subsection (e)(2); (C) by striking ``subsection (a) or (d)'' each place it appears in subsection (g)(1) and inserting ``subsection (a), (b), or (d)''; (D) by striking ``(1) The'' in subsection (g)(1) and inserting ``The''; (E) by striking subsection (g)(2); and (F) by striking ``(c),'' in subsection (h) and inserting ``(b),''. (2) Section 32903 of such title is amended by striking ``section 32902(b)-(d)'' each place it appears and inserting ``subsection (b) or (d) of section 32902''. (3) Section 32904(a)(1)(B) of such title is amended by striking ``section 32902(b)-(d)'' and inserting ``subsection (b) or (d) of section 32902''. (4) The first sentence of section 32909(b) of such title is amended to read ``The petition must be filed not later than 59 days after the regulation is prescribed.''. (5) Section 32917(b)(1)(B) of such title is amended by striking ``or (c)''. SEC. 102. FUEL ECONOMY STANDARD CREDITS. (a) In General.--Section 32903 of title 49, United States Code, is amended by striking the second sentence of subsection (a) and inserting ``The credits-- ``(1) may be applied to any of the 3 model years immediately following the model year for which the credits are earned; or ``(2) transferred to the registry established under section 201 of the Improved Passenger Automobile Fuel Economy Act of 2007.''. (b) Greenhouse Gas Credits Applied to CAFE Standards.--Section 32903 of title 49, United States Code, is amended by adding at the end the following: ``(g) Greenhouse Gas Credits.-- ``(1) In general.--A manufacturer may apply credits purchased through the registry established by section 201 of the Improved Passenger Automobile Fuel Economy Act of 2007 toward any model year after model year 2010 under subsection (d), subsection (e), or both. ``(2) Limitation.--A manufacturer may not use credits purchased through the registry to offset more than 10 percent of the fuel economy standard applicable to any model year.''. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this title and chapter 329 of title 49, United States Code, as amended by this title. SEC. 104. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this title, and the amendments made by this title, take effect on the date of enactment of this Act. (b) Transition for Passenger Automobile Standard.--Notwithstanding subsection (a), and except as provided in subsection (c)(2), until the effective date of a standard for passenger automobiles that is issued under the authority of section 32902(b) of title 49, United States Code, as amended by this Act, the standard or standards in place for passenger automobiles under the authority of section 32902 of that title, as that section was in effect on the day before the date of enactment of this Act, shall remain in effect. (c) Rulemaking.-- (1) Initiation of rulemaking under amended law.--Within 60 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking for passenger automobiles under section 32902(b) of title 49, United States Code, as amended by this Act. (2) Amendment of existing standard.--Until the Secretary issues a final rule pursuant to the rulemaking initiated in accordance with paragraph (1), the Secretary shall amend the average fuel economy standard prescribed pursuant to section 32092(b) of title 49, United States Code, with respect to passenger automobiles in model years to which the standard adopted by such final rule does not apply. TITLE II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION SEC. 201. MARKET-BASED INITIATIVES. (a) Establishment of Registry for Voluntary Trading Systems.--The Secretary of Commerce shall establish a national registry system for greenhouse gas trading among industry under which emission reductions from the applicable baseline are assigned unique identifying numerical codes by the registry. Participation in the registry is voluntary. Any entity conducting business in the United States may register its emission results, including emissions generated outside of the United States, on an entity-wide basis with the registry, and may utilize the services of the registry. (b) Purposes.--The purposes of the national registry are-- (1) to encourage voluntary actions to reduce greenhouse gas emissions and increase energy efficiency, including increasing the fuel economy of passenger automobiles and light trucks and reducing the reliance by United States markets on petroleum produced outside the United States used to provide vehicular fuel; (2) to enable participating entities to record voluntary greenhouse gas emissions reductions; in a consistent format that is supported by third party verification; (3) to encourage participants involved in existing partnerships to be able to trade emissions reductions among partnerships; (4) to further recognize, publicize, and promote registrants making voluntary and mandatory reductions; (5) to recruit more participants in the program; and (6) to help various entities in the nation establish emissions baselines. (c) Functions.--The national registry shall carry out the following functions: (1) Referrals.--Provide referrals to approved providers for advice on-- (A) designing programs to establish emissions baselines and to monitor and track greenhouse gas emissions; and (B) establishing emissions reduction goals based on international best practices for specific industries and economic sectors. (2) Uniform reporting format.--Adopt a uniform format for reporting emissions baselines and reductions established through-- (A) the Director of the National Institute of Standards and Technology for greenhouse gas baselines and reductions generally; and (B) the Secretary of Transportation for credits under section 32903 of title 49, United States Code. (3) Record maintenance.--Maintain a record of all emission baselines and reductions verified by qualified independent auditors. (4) Encourage participation.--Encourage organizations from various sectors to monitor emissions, establish baselines and reduction targets, and implement efficiency improvement and renewable energy programs to achieve those targets. (5) Public awareness.--Recognize, publicize, and promote participants that-- (A) commit to monitor their emissions and set reduction targets; (B) establish emission baselines; and (C) report on the amount of progress made on their annual emissions. (d) Transfer of Reductions.--The registry shall-- (1) allow for the transfer of ownership of any reductions realized in accordance with the program; and (2) require that the registry be notified of any such transfer within 30 days after the transfer is effected. (e) Future Considerations.--Any reductions achieved under this program shall be credited against any future mandatory greenhouse gas reductions required by the government. Final approval of the amount and value of credits shall be determined by the agency responsible for the implementation of the mandatory greenhouse gas emission reduction program, except that credits under section 32903 of title 49, United States Code, shall be determined by the Secretary of Transportation. The Secretary of Commerce shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination made by that agency. (f) CAFE Standards Credits.--The Secretary of Transportation shall work with the Secretary of Commerce and the implementing panel established by section 202 to determine the equivalency of credits earned under section 32903 of title 49, United States Code, for inclusion in the registry. The Secretary shall by rule establish an appeals process, that may incorporate an arbitration option, for resolving any dispute arising out of such a determination. SEC. 202. IMPLEMENTING PANEL. (a) Establishment.--There is established within the Department of Commerce an implementing panel. (b) Composition.--The panel shall consist of-- (1) the Secretary of Commerce or the Secretary's designee, who shall serve as Chairperson; (2) the Secretary of Transportation or the Secretary's designee; and (3) 1 expert in the field of greenhouse gas emissions reduction, certification, or trading from each of the following agencies-- (A) the Department of Energy; (B) the Environmental Protection Agency; (C) the Department of Agriculture; (D) the National Aeronautics and Space Administration; (E) the Department of Commerce; and (F) the Department of Transportation. (c) Experts and Consultants.--Any member of the panel may secure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, for greenhouse gas reduction, certification, and trading experts in the private and non-profit sectors and may also utilize any grant, contract, cooperative agreement, or other arrangement authorized by law to carry out its activities under this subsection. (d) Duties.--The panel shall-- (1) implement and oversee the implementation of this section; (2) promulgate-- (A) standards for certification of registries and operation of certified registries; and (B) standards for measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries; (3) maintain, and make available to the public, a list of certified registries; and (4) issue rulemakings on standards for measuring, verifying, and recording greenhouse gas emissions and greenhouse gas emission reductions proposed to the panel by certified registries, through a standard process of issuing a proposed rule, taking public comment for no less than 30 days, then finalizing regulations to implement this act, which will provide for recognizing new forms of acceptable greenhouse gas reduction certification procedures. (e) Certification and Operation Standards.--The standards promulgated by the panel shall include-- (1) standards for ensuring that certified registries do not have any conflicts of interest, including standards that prohibit a certified registry from-- (A) owning greenhouse gas emission reductions recorded in any certified registry; or (B) receiving compensation in the form of a commission where sources receive money for the total number of tons certified; (2) standards for authorizing certified registries to enter into agreements with for-profit persons engaged in trading of greenhouse gas emission reductions, subject to paragraph (1); and (3) such other standards for certification of registries and operation of certified registries as the panel determines to be appropriate. (f) Measurement, Verification, and Recording Standards.--The standards promulgated by the panel shall provide for, in the case of certified registries-- (1) ensuring that certified registries accurately measure, verify, and record

Summary: Improved Passenger Automobile Fuel Economy Act of 2007 - Revises minimum corporate average fuel economy (CAFE) standards for passenger automobiles to direct the Secretary of Transportation, for each model year, to prescribe minimum CAFE standards for passenger automobiles, with the minimum standard being the current standard of 27.5 miles per gallon. Requires a CAFE standard of 40 miles per gallon for passenger automobiles manufactured in model year 2017. Authorizes credits earned by a manufacturer when the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable established average fuel economy standard to be applied to any of the three model years immediately following (currently, before) the model year in which such credits are earned, or transferred to a national registry system for greenhouse gases. Authorizes a manufacturer to apply credits purchased through the registry (greenhouse gas credits) toward applicable CAFE standards for passenger or non-passenger automobiles after model year 2010. Establishes a national greenhouse registry to encourage voluntary actions to monitor and reduce greenhouse gas emissions and increase energy efficiency. Establishes within the Department of Commerce an implementing panel to, among other things promulgate standards for: (1) certification of registries and operation of certified registries; and (2) measurement, verification, and recording of greenhouse gas emissions and greenhouse gas emission reductions by certified registries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Credit Reporting Act Amendments of 2000''. SEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Free Credit Report Annually Upon Request of Consumer.--Upon the request of any consumer, each consumer reporting agency shall make all disclosures pursuant to section 609 without charge to such consumer at least once each calendar year.''. (b) Technical and Conforming Amendment.--Section 612(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by striking ``(c), and (d)'' and inserting ``(c), (d), and (e)''. SEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE. Section 609(c)(9)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681(c)(1)(B)) is amended by inserting ``and information sufficient to allow the consumer to contact the agency, or request a consumer report relating to the consumer from the agency, through the Internet or the World Wide Web'' before the period at the end. SEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES. Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended to read as follows: ``(1) All information in the consumer's file at the time of the request, including any information concerning credit scores or any other risk scores or predictors relating to the consumer, together with-- ``(A) a clear and concise summary of how the scores and predictors are derived; ``(B) the factors taken into account in deriving a score or predictor; ``(C) how such factors are applied to the consumer; ``(D) the relative weight given to each factor; and ``(E) the manner and extent to which such factors raise or lower the score or predictor.'' SEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN CIRCUMSTANCES. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph: ``(6) Notwithstanding paragraph (4), any account placed for collection or charged to profit and loss in which the amount placed to collection or charged to profit and loss did not exceed $100 and which antedates the report by more than 3 years, if-- ``(A) the consumer to whom the report relates completed a credit and financial management class during such 3-year period; and ``(B) the consumer has not previously had an account excluded from paragraph (4) by virtue of this paragraph.''. SEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE, INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION. (A) Review and Monitoring Required.--The Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each review and monitor the extent to which, and the manner in which, consumer reporting agencies and furnishers of consumer information to consumer reporting agencies are complying with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (b) Report Required.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each submit a progress report to the Congress on the results of the review required under subsection (a). (c) Recommendations.--The report under subsection (b) shall include such recommendations as the Board and the Commission determine to be appropriate for legislative or administrative action to ensure that-- (1) consumer disputes with consumer reporting agencies over the accuracy or completeness of information in a consumer's file are promptly and fully investigated and any incorrect, incomplete, or unverifiable information is immediately corrected or deleted; (2) furnishers of information to consumer reporting agencies maintain full and prompt compliance with the duties and responsibilities established under section 623 of the Fair Credit Reporting Act; and (3) consumer reporting agencies establish and maintain appropriate internal controls and management review procedures for maintaining full and continuous compliance with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (d) Definitions.--For purposes of this section, the terms ``consumer'', ``consumer report'', and ``consumer reporting agency'' have the same meaning as in the Fair Credit Reporting Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Summary: Prohibits the inclusion of certain small debts in a consumer report under specified circumstances. Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified; and (2) present a progress report to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Communities Development Act of 2010''. SEC. 2. RURAL ENERGY COMMUNITIES LOAN PROGRAM. (a) Authority.--The Secretary of Agriculture may make loans pursuant to section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926), to eligible communities for essential community facilities (as such term is defined in section 3570.53 of title 7, Code of Federal Regulations or any successor regulation to such section), for any purpose described in subsection (c). (b) Eligible Communities.--For purposes of this section, an eligible community-- (1) is a city, town, or incorporated area that has a population of less than 20,000 individuals; and (2) has, during the period from January 1999 through December 2009, experienced net job growth in the energy sector of not less than 20 percent, as determined by the Bureau of the Census or a State agency that collects information on such growth. (c) Use of Loan Funds.--An eligible community may use funds provided from a loan under this section for any of the following purposes: (1) Essential community facilities, including-- (A) the conservation, development, use, and control of water; (B) the installation or improvement of drainage or waste disposal facilities; (C) transportation facilities; and (D) affordable housing (as determined by the Secretary). (2) Land acquisition for such facilities. (3) Municipal staff necessary to carry out projects for such facilities. (4) Updates to comprehensive plans or housing plans of the community. (d) Application.--To be eligible to receive a loan under this section, an eligible community shall submit to the Secretary an application at such time and in such manner as the Secretary shall require that contains, in addition to any other information the Secretary may require, the following information: (1) The identification of projects for which loan funds will be used. (2) A certification that loan funds will be used only for the purposes described in subsection (c). (3) Documentation demonstrating the legal capacity and financial ability of the community to repay the loan. Such documentation shall include-- (A) evidence that the community has a dedicated source of revenue from any energy tax revenue it receives from the State; (B) an estimate of any energy tax revenue the community expects to receive during the 10-year period beginning on the first day of the first fiscal year that begins after the date funds from the loan are made available to the eligible community from the State office, if any, that distributes energy tax revenue to energy-producing communities; and (C) documentation of any non-Federal supplemental funds to be made available for essential community facilities to be funded with loan amounts received under this section. (e) Priority Treatment.--In approving applications for loans under this section, the Secretary shall give priority to any applicant acting on behalf of an eligible community, that-- (1) has submitted to the Secretary completed plans or studies that identify specific infrastructure or capacity needs that will be addressed by projects funded with the loan amounts received under this section; or (2) demonstrates that projects funded with loan amounts received under this section will be carried out with regional cooperation with adjacent jurisdictions. (f) Loan Terms.-- (1) Amount.--The principal amount of any loan under this section may not exceed the lesser of-- (A) $20,000,000; or (B) 80 percent of the energy tax revenue that the applicant expects to receive during the period described in subsection (d)(2)(B). (2) Interest rate.--Interest rates on loans under this section shall be subject to the provisions of section 307(a)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(4)) applicable to loans under sections 306(a)(1) and 310B of such Act (7 U.S.C. 1926(a) and 1932). (3) Term to maturity.--The period for repayment of loans under this section shall not be longer than 15 years. (g) Forgiveness.--If an applicant is unable to repay the full balance of the loan it receives under this section because circumstances beyond the control of the applicant prevented the applicant from collecting the amount of expected energy tax revenue specified in the application submitted under subsection (c), the Secretary may forgive an amount that equals not more than 50 percent of the remaining balance of such loan. (h) Report.--Each year, until the loan an eligible community receives under this section is repaid, such community shall submit to the Secretary of Agriculture a report. Each report shall contain a description of the progress made on each project or investment financed with funds received from a loan under this section. (i) Appropriations.--For costs (as such term is defined under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans under this section, there are authorized to be appropriated an aggregate of $75,000,000 for fiscal year 2011 and 2012. (j) Maximum Amount of Commitments.--The Secretary may not make loans under this section or enter into commitments to make such loans, the total amount of which, exceeds $400,000,000. (k) Sunset.--The Secretary may not make or enter into a commitment to make a loan under this section after September 30, 2012. SEC. 3. WAIVER OF INCOME MAXIMUMS FOR SELECTED USDA RURAL DEVELOPMENT PROGRAMS. (a) Section 502 Loans.--For each of fiscal years 2011 through 2016, with respect to an applicant for a direct loan or a guaranteed loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472), who resides in an eligible community described in section 2(b)-- (1) the Secretary shall waive any income limitations related to obtaining a loan under section 502 of such Act (42 U.S.C. 1472); and (2) the requirement related to eligibility of borrowers under section 502(h)(3) of such Act (42 U.S.C. 1472(h)(3)) shall not apply. (b) Site Loans; Multi-Family Housing Loans.--For each of fiscal years 2011 through 2016, the following shall apply: (1) Section 524.--Any organization or tribe receiving a loan under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d) shall waive any income limitations related to the occupancy of any housing built on any building site that is located in an eligible community described in section 2(b) of this Act and that is financed by such loan. (2) Section 538.--Any organization, State agency, subdivision thereof, Indian tribe, or private entity that receives a loan under section 538 of such Act (42 U.S.C. 1490p- 2) shall waive any income limitations related to the occupancy of any housing that is located in an eligible community described in section 2(b) of this Act and for which the development costs were funded by such a loan.

Summary: Rural Energy Communities Development Act of 2010 - Authorizes the Secretary of Agriculture (USDA) to make water and waste facility loans to an eligible city, town, or incorporated area with a population of less than 20,000 that has, from January 1999 through December 2009, experienced energy sector job growth of not less than 20%. Makes such loans available for: (1) essential community facilities, including water conservation, waste disposal facilities, transportation facilities, and affordable housing; (2) land acquisition; (3) staff; and (4) comprehensive community or housing plan updates. Prohibits the Secretary from making or entering into a loan commitment after September 30, 2012. Directs the Secretary to waive income limitations for FY2011-FY2016 for certain: (1) rural housing loans, including Doug Bereuter single-family housing loan guarantees; (2) low- and moderate-income rural housing loans; and (3) multifamily rural rental housing loan guarantees.


SECTION 1. SMALL BUSINESS EXPENSING PROVISIONS MADE PERMANENT. (a) Increase in Small Business Expensing Made Permanent.-- (1) In general.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 (relating to limitations) is amended-- (A) by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (1) and inserting ``$500,000'', and (B) by striking ``$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (2) and inserting ``$1,000,000''. (2) Conforming amendment.--Section 179(b) of such Code is amended by striking paragraph (7). (b) Expensing for Computer Software Made Permanent.--Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking ``and which is placed in service in a taxable year beginning after 2002 and before 2011,''. (c) Inflation Adjustment.-- (1) So much of subparagraph (A) of section 179(b)(5) of such Code as precedes clause (i) thereof is amended to read as follows: ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $500,000 and $1,00,000 amounts in paragraphs (1) and (2) shall each be increased by an amount equal to--''. (2) Section 179(b)(5)(A)(ii) of such Code is amended by striking ``2006'' and inserting ``2008''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 2. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the cost of any qualified automobile placed in service by the taxpayer during the taxable year. ``(b) Limitation Per Vehicle.--The amount of the deduction allowed under subsection (a) for any vehicle shall not exceed $10,000. ``(c) Qualified Automobile.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any motor vehicle-- ``(A) the final assembly of which is in the United States by a manufacturer, ``(B) the original use of which commences with the taxpayer, and ``(C) which is acquired for use by the taxpayer and not for resale. ``(2) Motor vehicle.--For purposes of paragraph (1), the term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a deduction is allowable under subsection (a) shall be reduced by the amount of such deduction. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any deduction allowable under subsection (a) with respect to any property which ceases to be property eligible for such deduction. ``(3) Property used outside united states, etc., not qualified.--No deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Property used in trade or business.--No deduction shall be allowed under subsection (a) with respect to any property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.). ``(e) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2010.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Deduction for purchase of domestically manufactured automobiles. ``Sec. 225. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years ending after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to: (1) increase and make permanent the expensing allowance for depreciable business assets; and (2) allow a tax deduction, up to $10,000, for the purchase of a motor vehicle manufactured in the United States. Terminates such tax deduction after 2010.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act'' or the ``AIRWAVES Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should strive to-- (1) advance innovation with respect to, and investment in, wireless broadband Internet access; (2) promote the benefits of connecting all individuals in the United States to quality wireless broadband Internet access, including those individuals in rural communities; and (3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) any other congressional committee with jurisdiction over a matter; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``eligible Federal entity'' means an entity described in section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)); (4) the term ``eligible frequency'' means a frequency with respect to which the costs incurred by an eligible Federal entity in relocating from the frequency may be reimbursed from the Spectrum Relocation Fund; (5) the term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)); (6) the term ``NTIA'' means the National Telecommunications and Information Administration; (7) the term ``Spectrum Frontiers proceeding'' means the Report and Order and Further Notice of Proposed Rulemaking in the matter of Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, adopted by the Commission on July 14, 2016 (FCC 16-89); (8) the term ``Spectrum Relocation Fund'' means the fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and (9) the term ``system of competitive bidding'' means a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). SEC. 4. SPECTRUM FRONTIERS PROCEEDING. Not later than 1 year after the date of enactment of this Act, the Commission shall complete the rule making to which the Spectrum Frontiers proceeding relates. SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM. (a) FCC Responsibilities.-- (1) In general.--The Commission, in consultation with the NTIA, shall-- (A) not later than December 31, 2018, complete a system of competitive bidding to grant priority access licenses for the use of 70 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz; (B) not later than December 31, 2018, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 24250 megahertz and 24450 megahertz; (ii) 24750 megahertz and 25250 megahertz; (iii) 27500 megahertz and 28350 megahertz, consistent with the spectrum sharing framework adopted for that frequency band as part of the Spectrum Frontiers proceeding; (iv) 37600 megahertz and 38600 megahertz; (v) 38600 megahertz and 40000 megahertz; and (vi) 47200 megahertz and 48200 megahertz; and (C) not later than December 31, 2020, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 31800 megahertz and 33400 megahertz; (ii) 42000 megahertz and 42500 megahertz; and (iii) 50400 megahertz and 52600 megahertz. (2) Requirements relating to 3550-3700 mhz band.-- Consistent with the Commission's rules governing the Citizens Broadband Radio Service and the Report and Order and Second Further Notice of Proposed Rulemaking in the matter of Amendment of the Commission's Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, adopted by the Commission on April 17, 2015 (FCC 15-47)-- (A) 30 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz shall be reserved for general authorized access use; and (B) the frequencies between 3650 megahertz and 3700 megahertz shall be reserved for grandfathered wireless broadband licensees and general authorized access users. (b) Identifying Frequencies Between 7125 Megahertz and 8400 Megahertz To Be Utilized for Unlicensed Purposes.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission, shall identify any frequency between 7125 megahertz and 8400 megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents. (2) Rule making.--If the NTIA, in consultation with the Commission, makes an identification described in paragraph (1), the Commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph. (c) Report on Reallocation of Certain Incumbent Federal Stations.-- (1) In general.--Not later than December 31, 2020, the NTIA, in consultation with the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report relating to the relocation of incumbent Federal stations authorized to use spectrum in the frequencies between 1300 megahertz and 1350 megahertz and between 1780 megahertz and 1830 megahertz in order to facilitate the reallocation of such spectrum from Federal to non-Federal use. (2) Timing.--The relocation described in paragraph (1) with respect to the frequencies between 1780 megahertz and 1830 megahertz shall take place not earlier than 2023. (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended-- (1) in subsection (a), by striking ``30 megahertz'' and inserting ``100 megahertz''; and (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' and inserting ``July 1, 2023''. SEC. 6. MODERNIZING MID-BAND SPECTRUM. (a) In General.-- (1) Spectrum identification.--Not later than December 31, 2019, the Commission, in consultation with the NTIA, shall identify up to 500 megahertz of additional spectrum in the frequencies between 3700 megahertz and 4200 megahertz to make available for commercial licensed use. (2) Spectrum auction.--Not later than December 31, 2022, the Commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph (1). (b) Rule Making on the Unlicensed Use of the Frequency Band Between 5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between 5925 and 7125 megahertz without causing harmful interference with any incumbents in that band. SEC. 7. RURAL SET-ASIDE. (a) In General.--Notwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall allocate 10 percent of the proceeds from each system of competitive bidding conducted under this Act for the deployment of wireless infrastructure in areas that the Commission has determined are underserved or unserved with respect to wireless broadband Internet access service. (b) Limitations.--No amounts allocated under subsection (a) may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made, including any program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). SEC. 8. SPECIAL RULES. With respect to any frequency band described in this Act (in this section referred to as the ``covered band''), if the relocation of an incumbent from the covered band to another equivalent frequency band is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to incumbents in the covered band, the Commission-- (1) shall provide notification of that determination to the appropriate committees of Congress and the NTIA; and (2) may not proceed with any action, including relocating incumbents from the covered band or permitting new entrants into the covered band, that may result in the dislodging or harming of any incumbent in the covered band until the Commission can ensure that any such action will neither cause harmful interference with nor unreasonably constrain an incumbent in the covered band. SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED SPECTRUM FOR RURAL COMMUNITIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall conduct, and submit to the appropriate committees of Congress the results of, a study regarding how unlicensed spectrum can be further utilized to assist in-- (1) the provision of healthcare in rural areas; (2) distance learning; and (3) facilitating innovations in agriculture. (b) Recommendations.--The results of the study submitted under subsection (a) shall include recommendations regarding-- (1) overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection; and (2) how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband Internet access service. SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the appropriate committees of Congress the results of, a study to determine the efficiency with which amounts in the Spectrum Relocation Fund are transferred to eligible Federal entities that willingly relocate from eligible frequencies. SEC. 11. RULES OF CONSTRUCTION. (a) Frequency Ranges.--Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range. (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note).

Summary: Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission (FCC) to complete auctions by December 31, 2020, that will grant priority access broadcast licenses for specified frequency spectrum bands. The FCC and the National Telecommunications and Information Administration are directed to identify frequencies in specified spectrum bands that may be utilized for non-federal unlicensed use and commercial licensed use. The FCC must allocate 10% of proceeds from each of the spectrum band auctions specified in the bill to expand wireless infrastructure in rural areas that are underserved or unserved. The FCC shall conduct a study on how unlicensed frequency spectrum bands can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture.


SECTION 1. SHORT TITLE. This Act may be cited as the ``State Veterans Home Nurse Recruitment Act of 2004''. SEC. 2. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1743 the following new section: ``Sec. 1744. Hiring and retention of nurses: payments to assist States ``(a) Payment Program.--The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. ``(b) Eligible Recipients.--Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year-- ``(1) receives per diem payments under this subchapter for that fiscal year; and ``(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. ``(c) Use of Funds Received.--A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. ``(d) Limitations on Amount of Payment.--(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. ``(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. ``(e) Applications.--A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. ``(f) Source of Funds.--Payments under this section shall be made from funds available for other payments under this subchapter. ``(g) Disbursement.--Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. ``(h) Use of Certain Receipts.--The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. ``(i) Annual Report From Payment Recipients.--Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: ``1744. Hiring and retention of nurses: payments to assist States.''. (b) Implementation.--The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.

Summary: State Veterans Home Nurse Recruitment Act of 2004 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs to make payments to States for assisting State veterans' homes in the hiring and retention of nurses and the reduction of nursing shortages at such homes. Makes eligible for such assistance State homes that: (1) currently receive per diem payments from the Secretary for the care of veterans; and (2) have in effect an employee incentive scholarship or other program designed to promote the hiring and retention of nursing staff and reduce nursing shortages. Limits such assistance to no more than 50 percent of the fiscal year costs of such a program. Requires the assistance program to be implemented as expeditiously as possible, so that payments are made to eligible States commencing no later than January 1, 2005.


SECTION 1. SMALL MANUFACTURERS' COMPUTER HARDWARE AND SOFTWARE TAX CREDIT IN LIEU OF EXPENSING. (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. 45R. SMALL MANUFACTURERS COMPUTER HARDWARE AND SOFTWARE TAX CREDIT. ``(a) In General.--For purposes of section 38, the small manufacturers' computer hardware and software credit determined under this section for the taxable year is the lesser of-- ``(1) 50 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified computer hardware and software property; or ``(2) $35,000.00. ``(b) Qualified Computer Hardware and Software Property.--For purposes of this section, the term `qualified computer hardware and software property' means any computer hardware and software property for use in any small manufacturer located in the United States-- ``(1) the original use of which commences with the taxpayer; ``(2) which is property of a character subject to the allowance for depreciation; and ``(3) which is placed in service by the taxpayer after the date of the enactment of this section. ``(c) Computer Hardware.--For purposes of this section, the term `computer hardware' includes disk drives, integrated circuits, display screens, cables, modems, speakers, and printers. ``(d) Computer Software.--For purposes of this section, the term `computer software' means programs, programming languages, data that direct the operations of a computer system or network, enterprise resource planning software, manufacturing resource planning software, materials requirements planning software and software designed to enhance Internet capabilities. ``(e) Small Manufacturer.--For purposes of this section: ``(1) In general.--The term `small manufacturer' means-- ``(A) any unincorporated business, any partnership, or for-profit corporation; ``(B) with respect to a taxable year, any which employed an average of 50 or fewer employees on business days during the preceding calendar year. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the small business was in existence throughout such year. ``(2) Small manufacturers not in existence in preceding taxable year.--In the case of a small manufacturer which was not in existence throughout the preceding calendar year, the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer or sole proprietor will employ on business days in the current calendar year. ``(f) Calculation of Number of Employees.--For purposes of subsection (e), the number of employees of a subsidiary of a wholly owned corporation includes the employees of-- ``(1) a parent corporation; and ``(2) any other subsidiary corporation of that parent corporation. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is determined under this section in connection with any expenditure for any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. ``(h) Termination.--This section shall not apply with respect to any property placed in service after December 31, 2011.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the small manufacturers' computer hardware and software credit determined under section 45R(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(f) Small Manufacturers Computer Hardware and Software Credit.-- No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45R.''. (d) Allowance of Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and insert ``, and'', and by inserting after clause (viii) the following new clause: ``(ix) the credit determined under section 45R.''. (e) Transferability of Credit.--Nothing in any law or rule shall be construed to limit the transferability, through sale and repurchase agreements, of the credit allowed by reason of section 45R. (f) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2008.

Summary: Amends the Internal Revenue Code to allow certain small manufacturers a tax credit for their computer hardware and software expenses. Limits such credit to the lesser of 50% of such expenses or $35,000. Terminates such credit after 2011.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening American Transportation Security Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Conversion of screening personnel. Sec. 5. Transition rules. Sec. 6. Consultation requirement. Sec. 7. No right to strike. Sec. 8. Regulations. Sec. 9. Delegations to Administrator. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On September 11, 2001, 19 terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer 4 airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (Public Law 107-71), which was signed into law by President George W. Bush on November 19, 2001-- (A) to enhance the level of security screening throughout our aviation system; and (B) to transfer responsibility for such screening from the private sector to the newly established Transportation Security Administration (referred to in this section as ``TSA''). (3) By establishing TSA, Congress and the American public recognized that the highest level of screener performance was directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed screening workforce. (4) Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) authorizes the Under Secretary of Transportation for Security to ``employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code''. The functions of the TSA were transferred to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203). (5) TSA has interpreted the authorization set forth in paragraph (4) as applying to the majority of the Transportation Security Officer workforce performing screening functions, while all other Transportation Security Administration employees, including managers, are subject to title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush Administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, TSA Administrator John Pistole issued a binding determination stating that ``it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security.''. (8) This determination was superseded by a second determination issued on December 29, 2014, which changed the previous guideline for collective bargaining and resulting in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) The 2011 and 2014 determinations both cited TSA's authority under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) to create a personnel system that denies the Transportation Security Officer workforce the rights under title 5, United States Code, that are provided to most other Federal workers, including-- (A) the right to appeal adverse personnel decisions to the Merit Systems Protection Board; (B) fair pay under the General Services wage system, 2011; (C) fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave; (D) the application of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (E) fair performance appraisals under chapter 73 of title 5, United States Code; and (F) direct protections against employment discrimination set forth in title 7, United States Code. (b) Sense of Congress.--It is the sense of Congress that-- (1) the personnel system utilized by the Transportation Security Administration pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) provides insufficient workplace protections for the Transportation Security Officer workforce, who are the frontline personnel who secure our Nation's aviation system; and (2) such personnel should be entitled to the protections under title 5, United States Code. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the official within the Department of Homeland Security who is responsible for overseeing and implementing transportation security pursuant to the Aviation and Transportation Security Act, whether designated as the Assistant Secretary of Homeland Security (Transportation Security Administration), the Administrator of the Transportation Security Administration, the Undersecretary of Transportation for Security, or otherwise. (2) Agency.--The term ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code. (3) Conversion date.--The term ``conversion date'' means the date as of which paragraphs (1) through (3) of section 3(b) take effect. (4) Covered employee.--The term ``covered employee'' means an employee who holds a covered position. (5) Covered position.--The term ``covered position'' means-- (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107-71), as determined by the Secretary. (6) Employee.--The term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) TSA personnel management system.--The term ``TSA personnel management system'' means any personnel management system established or modified under-- (A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or (B) section 114(n) of title 49, United States Code. SEC. 4. CONVERSION OF SCREENING PERSONNEL. (a) Termination of Certain Personnel Authorities.-- (1) TSA personal management system.--Section 114 of title 49, United States Code, is amended by striking subsection (n). (2) Termination of flexibility in employment of screener personnel.--Section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended by striking subsection (d). (3) Human resources management system.-- (A) In general.--Section 9701 of title 5, United States Code, is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Limitation.--The human resources management system authorized under this section shall not apply to covered employees or covered positions (as such terms are defined in section 3 of the Strengthening American Transportation Security Act of 2016).''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date set forth in subsection (b). (b) Covered Employees and Positions Made Subject to Same Personnel Management System as Applies to Civil Service Employees Generally.--On the earlier of a date determined by the Secretary or 60 days after the date of the enactment of this Act-- (1) all TSA personnel management personnel policies, directives, letters, and guidelines, including the Determinations of February 2011 and December 2014 shall cease to be effective; (2) any human resources management system established or adjusted under section 9701 of title 5, United States Code, shall cease to be effective with respect to covered employees and covered positions; and (3) covered employees and covered positions shall become subject to the applicable labor provisions under title 49, United States Code. SEC. 5. TRANSITION RULES. (a) Nonreduction in Rate of Pay.--Any conversion of an employee from a TSA personnel management system to the provisions of law referred to in section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of Other Rights.--The Secretary shall take any necessary actions to ensure, for any covered employee as of the conversion date, that-- (1) all service performed by such covered employee before the conversion date is credited in the determination of such employee's length of service for purposes of applying the provisions of law governing leave, pay, group life and health insurance, severance pay, tenure, and status, which are made applicable to such employee under section 4(b)(3); (2) all annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to the covered employee immediately before the conversion date remains available to the employee, until used, while the employee remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance remains at the level in effect immediately before the conversion date while the employee remains continuously employed by the Department of Homeland Security. SEC. 6. CONSULTATION REQUIREMENT. (a) Exclusive Representative.--The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor organization shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section 44901 of title 49, United States Code under chapter 71 of title 5, United States Code, with full rights under such chapter 71. (b) Consultation Rights.--Not later than 14 days after the date of the enactment of this Act, the Secretary shall-- (1) consult with the exclusive representative for employees under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act; and (2) provide final written plans to the exclusive representative on how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to-- (A) the proposed conversion date; and (B) measures to ensure compliance with section 5. (c) Required Agency Response.--If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset Provision.--The provisions of this section shall cease to be effective as of the conversion date. SEC. 7. NO RIGHT TO STRIKE. Nothing in this Act may be construed-- (1) to repeal or otherwise affect-- (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). SEC. 8. REGULATIONS. The Secretary may prescribe any regulations that may be necessary to carry out this Act. SEC. 9. DELEGATIONS TO ADMINISTRATOR. The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees. Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees; and (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees. The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Competition and Consumer Choice Act of 1998''. SEC. 2. CABLE PROGRAMMING SERVICES REGULATION. Section 623(c)(4) of the Communications Act of 1934 (47 U.S.C. 543(c)(4)) is amended to read as follows: ``(4) Sunset of upper tier rate regulation.-- ``(A) Programming choice required.--The authority to regulate rates under this subsection shall not apply to cable programming services provided after March 31, 1999, by a cable system unless the franchising authority for such cable system, after notice and opportunity for a public hearing at which the operator, subscribers, and other interested persons may appear and present evidence, certifies to the Commission that the cable operator of such system is not providing to subscribers an acceptable range of programming choices to the extent technically feasible and economically reasonable. ``(B) Basis for certification.--Any franchising authority making such a certification shall include with the statement the factors upon which the franchising authority bases its determination. Such factors may include (but are not limited to) the factors described in paragraph (2) and any one or more of the following: ``(i) delivery of the packages is technically feasible based on the current and expected capability of the system; ``(ii) delivery of the packages is economically reasonable based on the technical requirements for delivery of the packages; ``(iii) delivery of the packages can be performed without jeopardizing security of multichannel video programming and other services offered over the system, or impeding the legal rights of the system operator to prevent theft of service; ``(iv) any revenues received by the cable operator and cable programming providers from advertising, including the economic effect of offering additional programming choices on advertising revenues and subscriber rates; ``(v) the packages permit subscribers to subscribe to significantly less than the majority of upper tier programing services available; and ``(vi) the packages are related to the program category interests of groups as demonstrated by polling, surveys, referenda, statistics, or other comparable means based on statistics from the franchising area. ``(C) Commission review.--Upon receipt of a request for review from a cable operator, the Commission may review any certification submitted under subparagraph (A) and may rescind such certification if the Commission determines that the determination of the franchising authority is arbitrary and capricious. ``(D) Duration.--A certification under subparagraph (A) is effective for one year, unless earlier withdrawn by the franchising authority or rescinded by the Commission. ``(E) No effect on effective competition test.-- Notwithstanding any certification under this paragraph, a cable system that is subject to effective competition, as determined under subsection (a)(2), shall not be subject to regulation under this subsection.''. SEC. 3. PROGRAM ACCESS. (a) Amendments To Extend and Revise Program Access Requirements.-- Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended-- (1) in subsection (a), by striking ``satellite cable programming and satellite broadcast programming'' and inserting ``multichannel video programming''; (2) in subsection (b)-- (A) by striking ``cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor'' and inserting ``multichannel video programming distributor''; and (B) by striking ``satellite cable programming or satellite broadcast programming'' and inserting multichannel video programming''; (3) in subsection (c)-- (A) by striking ``Within 180 days after the date of enactment of this section, the Commission'' in paragraph (1) and inserting ``The Commission''; (B) by striking paragraph (2) and inserting the following: ``(2) Minimum contents of regulations.--The regulations to be promulgated under this section shall-- ``(A) establish effective safeguards to prevent any multichannel video programming distributor from unduly or improperly influencing the decision of any multichannel video programming vendor to sell, or the prices, terms, and conditions of sale of, multichannel video programming to any other multichannel video programming distributor; ``(B) prohibit discrimination by a multichannel video programming vendor in the prices, terms, and conditions of sale or delivery of such programming among or between cable systems, cable operators, or other multichannel video programming distributors, or their agents or buying groups; except that a multichannel video programming vendor shall not be prohibited from-- ``(i) imposing reasonable requirements for creditworthiness, offering of service, and financial stability and standards regarding character and technical quality; ``(ii) establishing different prices, terms, and conditions to take into account actual and reasonable differences in the cost of creation, sale, delivery, or transmission of multichannel video programming; ``(iii) establishing different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or ``(iv) entering into an exclusive contract that is permitted under subparagraph (D); ``(C) prohibit practices, understandings, arrangements, and activities, including exclusive contracts for multichannel video programming between a multichannel video programming distributor and a multichannel video programming vendor, that prevent any multichannel video programming distributor from obtaining such programming for distribution to persons in areas not served by a cable operator; ``(D) with respect to distribution to persons in areas served by a cable operator-- ``(i) prohibit exclusive contracts for multichannel video programming between a cable operator and a multichannel video programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest; ``(ii) not prohibit exclusive contracts for multichannel video programming between a multichannel video programming distributor, other than a cable operator, and a multichannel video programming vendor, other than a multichannel video programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is contrary to the public interest.''; and (C) in paragraph (5), by striking ``enactment of this section'' and inserting ``enactment of the Video Competition and Consumer Choice Act of 1998''; (4) in subsection (h), by adding at the end the following new paragraph: ``(3) Other contracts.--No contract to grant exclusive distribution rights to any person with respect to multichannel video programming may be entered into on or after the date of enactment of the Video Competition and Consumer Choice Act of 1998, except as permitted under subsection (c)(2)(D). No contract entered into after June 1, 1990, and before such date of enactment that grants such rights may continue in effect after 120 days after the date of enactment of the Video Competition and Consumer Choice Act of 1998.''; (5) in subsection (i), by adding at the end the following new paragraphs: ``(5) The term `multichannel video programming' means video programming which is transmitted by any means and which is primarily intended for the direct receipt by multichannel video programming distributors for retransmission to their subscribers. ``(6) The term `multichannel video programming vendor' means a person engaged in the production, creation, or wholesale distribution for sale of multichannel video programming.''. (6) by striking subsection (j) and inserting the following: ``(j) Common Carriers.--Any provision that applies to a multichannel video programming distributor or multichannel video programming vendor under this section shall apply to a common carrier or its affiliate that provides multichannel video programming.''. (b) Deadlines for Revised Regulations.--The Federal Communications Commission shall prescribe such revisions to its regulations as may be necessary to implement the amendments made by subsection (a) within 120 days after the date of enactment of this Act. SEC. 4. LIFELINE CABLE SERVICE TIER. Section 623(b) of the Communications Act of 1934 (47 U.S.C. 543(b)) is amended-- (1) in the subsection heading by inserting ``and Lifeline'' after ``Basic''; and (2) by adding at the end the following new paragraph: ``(9) Lifeline service tier.-- ``(A) Contents.--Each cable operator of a cable system shall make available for sale to its subscribers a separately packaged lifeline service tier. Such lifeline service tier shall consist exclusively of the following: ``(i) All signals carried in fulfillment of the requirements of sections 614 and 615. ``(ii) Any public, educational, and governmental access programming required by the franchise of the cable system to be provided to subscribers. ``(iii) Any signal of a local television broadcast station that is provided by the cable operator to any subscriber, except that a digital television service signal shall not be required to be carried as part of the lifeline service tier pursuant to this clause (iii) unless such carriage is required by regulations prescribed by the Commission. ``(B) Prohibition on additions.--A cable operator may not add additional video programming signals or services to the lifeline service tier. ``(C) Rate regulation.--The Commission shall prescribe regulations concerning the rates for the lifeline service tier. Such regulations shall be designed to achieve the goals of-- ``(i) ensuring that rates for the lifeline service tier are reasonable; and ``(ii) promoting multichannel video programming distribution competition.''.

Summary: Video Competition and Consumer Choice Act of 1998 - Amends the Communications Act of 1934 to make the authority of the Federal Communications Commission (FCC) to regulate cable television service rates inapplicable to services provided after March 31, 1999, by a cable system unless the franchising authority for such system, after notice and opportunity for a public hearing, certifies to the FCC that the cable operator of such system is not providing subscribers an acceptable range of programming choices to the extent technically feasible and economically reasonable. Outlines factors to be considered for such certification. Authorizes FCC review of such certifications. Makes such certifications effective for one year, unless earlier withdrawn or rescinded. Replaces references to "satellite cable programming" and "satellite broadcast programming" with "multichannel video programming (MVP)." Repeals a deadline for FCC regulations concerning the development of competition and diversity in MVP distribution. Outlines minimum requirements for such regulations, including prohibited actions by an MVP vendor with respect to the sale or delivery of such programming among cable systems, cable operators, and other MVP distributors. Prohibits entering into contracts to grant exclusive distribution rights to any person with respect to MVP after the date of enactment of this Act, except for certain exclusivity contracts granted by the FCC in the public interest. Prohibits any such contract (other than the public interest contract) already entered into before such date of enactment to continue after 120 days after such date. Defines MVP as video programming which is transmitted by any means and which is primarily intended for the direct receipt by MVP distributors for retransmission to their subscribers. Requires the revision of MVP regulations as necessitated by this Act within 120 days after enactment. Requires each cable operator of a cable system to make available for sale to its subscribers a separately packaged lifeline service tier consisting exclusively of: (1) FCC-required local commercial television and noncommercial educational television programming; (2) any public, educational, and governmental access programming required by the cable system franchise; and (3) any signal of a local television broadcast station provided by the cable operator to any subscriber (with an exception). Prohibits a cable operator from adding additional video programming signals or services to the lifeline tier. Directs the FCC to prescribe regulations for lifeline tier rates.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Deportation Relief Act''. SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(5) Transitional rules with regard to suspension of deportation.-- ``(A) Calculation of period of continuous physical presence.--Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear, or orders to show cause (referred to in section 242B(a)(1) of the Immigration and Nationality Act, as in effect before the title III-A effective date), issued before, on, or after the date of the enactment of this Act. ``(B) Exception for certain orders.--In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this section, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply to an order to show cause issued before April 1, 1997. ``(C) Special rule for certain aliens granted temporary protection from deportation.-- ``(i) In general.--For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date) or section 240A of such Act (as in effect after the title III-A effective date), such period is deemed to terminate on April 1, 1997, in the case of an alien who demonstrates that the alien has not been convicted at any time of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act); has not been apprehended while attempting to enter the United States unlawfully after December 12, 1990; and is-- ``(I) a Salvadoran national who first entered the United States on or before September 19, 1990; who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before February 16, 1996; ``(II) a Guatemalan national who first entered the United States on or before October 1, 1990; who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before January 3, 1995; or ``(III) a Nicaraguan national who first entered the United States on or before April 1, 1990. ``(ii) Motions to reopen deportation proceedings.--Any alien found ineligible for suspension of deportation prior to July 10, 1997, solely on the basis of this paragraph (as in effect prior to the effective date of the Central American Deportation Relief Act), and who claims eligibility for suspension of deportation as a result of the amendments made by section 101 of such Act, may, notwithstanding any other limitations imposed by law on motions to reopen, file one motion to reopen deportation proceedings to apply for suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the Central American Deportation Relief Act and shall extend for a period not to exceed 180 days.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546). SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-625)), as amended by section 1, is further amended by adding at the end the following: ``(8) Transitional rule with regard to suspension of deportation hardship standard.-- ``(A) In general.--Except as provided in subparagraph (B) and notwithstanding paragraphs (1) and (2) of section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date), section 240A(b)(1)(D) of the Immigration and Nationality Act shall apply to an alien-- ``(i) whose application for suspension of deportation was filed in deportation proceedings that were commenced before the title III-A effective date; and ``(ii) on which application no final administrative action was taken prior to the date of the enactment of the Central American Deportation Relief Act. ``(B) Exception.--Subparagraph (A) shall not apply to any alien described in paragraph (5)(C)(i).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND SUSPENSIONS OF DEPORTATION. (a) Annual limitation.--Section 240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows: ``(e) Annual Limitation.-- ``(1) Aggregate limitation.--Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment, or such suspension and adjustment, and whether such an alien had previously applied for suspension of deportation under such section 244(a). The numerical limitation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the status) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 244(a). ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. ``(3) Offset for decisions in excess of aggregate limitation.--In fiscal year 1998 and subsequent fiscal years, and with respect only to aliens described in section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Central American Deportation Relief Act), the Attorney General may elect to exceed the aggregate numerical limitation under paragraph (1) by a number not greater than 10,000. For each such alien granted cancellation of removal or suspension of deportation in excess of 4,000 in such a fiscal year, the Attorney General shall reduce by 1, during the next following fiscal year, the total number of immigrant visas that are made available under section 203(b)(3)(A)(iii).''. (b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs (1) and (2) by striking ``may cancel removal in the case of an alien'' and inserting ``may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien''. (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows: ``(3) Recordation of date.--With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the Attorney General's cancellation of removal under paragraph (1) or (2).''. (d) April 1 Effective Date for Aggregate Limitation.--Section 309(c)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(7) Limitation on suspension of deportation.--After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act (as in effect before the title III-A effective date) of any alien in any fiscal year, except in accordance with section 240A(e) of such Act. The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546).

Summary: Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings; and (2) the hardship rule. Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection. Authorizes certain aliens to file motions to reopen their deportation proceedings. Revises related annual limitation and offset provisions.