SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote By Mail Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds. In 2012, 30 percent of voters with disabilities had difficulty voting, and more than 5,000,000 voters waited more than an hour to vote. Under current State laws, many of these voters are not permitted to vote by mail. (3) Twenty-eight States currently allow universal absentee voting (also known as ``no-excuse'' absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request. No State which has implemented no- excuse absentee voting has repealed it. (4) Three States currently hold elections entirely by mail. Twenty-two States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources. Transportation is often a crucial barrier for rural voters. (5) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (6) Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter. After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers. (7) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. (8) Voting by mail is preferable to many voters as an alternative to going to the polls. In 2012, 19 percent of ballots in the United States were cast by mail, up from 10 percent in 2000. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on election day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. (9) The signature verification process, the tracking system for each ballot, and postal service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote-by-mail elections. Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. (10) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters' privacy while doing nothing to prevent voter fraud. (11) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. (12) Many voters choose to cast ballots early when they have the option (over 40 percent in Nevada, New Mexico, Texas, and Tennessee). Nearly one-third of voters in the 2012 election cast their ballot before election day, which is about double the rate of voters in 2000. In Oregon, 7 years after vote-by- mail election implementation, over 80 percent of voters favored the vote-by-mail system. (13) Voting by mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections. Oregon and Washington, the 2 States with the longest standing vote-by-mail systems, continue to have consistently high voter turnout rates. In the 2012 primary elections, while the national average turnout was 18 percent, Oregon's was 45 percent and Washington's was 38 percent. (14) A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Eighteen States and the District of Columbia introduced automatic voter registration legislation in 2015, and Oregon and California now automatically register their citizens to vote when they apply for a driver's license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs. SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL ELECTIONS. (a) Voting by Mail in Federal Elections.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) In General.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official. ``(b) Provision of Ballot Materials.--Not later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. ``(c) Accessibility for Individuals With Disabilities.--All ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(e) Effective Date.--A State shall be required to comply with the requirements of subsection (a) with respect to elections for Federal office held in years beginning with 2018.''. (2) Conforming amendment relating to enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 303A''. (3) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Promoting ability of voters to vote by mail.''. (b) Free Postage for Voting by Mail.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Ballots provided for voting in Federal elections ``Ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk) shall be carried expeditiously and free of postage.''. (2) Technical and conforming amendments.-- (A) Table of sections.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Ballots provided for voting in Federal elections.''. (B) Authorization of appropriations.--Section 2401(c) of title 39, United States Code, is amended by striking ``3403 through 3406'' and inserting ``3403 through 3407''. SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE AUTHORITIES. (a) Automatic Voter Registration.--Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended to read as follows: ``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY. ``(a) Simultaneous Application for Voter Registration and Application for Motor Vehicle Driver's License.-- ``(1) Transmission of information to election officials.-- Each State's motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. ``(2) Identifying information described.--The identifying information described in this paragraph with respect to any individual is as follows: ``(A) The individual's legal name. ``(B) The individual's age. ``(C) The individual's residence. ``(D) The individual's citizenship status. ``(E) The individual's electronic signature. ``(b) Duties of Officials Receiving Information.-- ``(1) In general.--Upon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine-- ``(A) whether such individual is eligible to vote in an election for Federal office; and ``(B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. ``(2) Notification to individuals.-- ``(A) Eligible unregistered individuals.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and ``(ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. ``(B) Eligible individuals registered at a different address.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and ``(ii) a description of the process by which the individual may decline a change of address for voter registration purposes. ``(c) Automatic Registration of Eligible Individuals; Automatic Change of Address.-- ``(1) Registration.--Upon the expiration of the 21- calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar- day period, the individual notifies the official that the individual declines to be registered to vote in such elections. ``(2) Change of address.--Upon the expiration of the 21- calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar- day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. ``(d) Applicable Individual.--For purposes of this section, the term `applicable individual' means any individual who seeks assistance from, receives benefits from, or receives service or assistance from a State motor vehicle authority that issues motor vehicle driver's licenses.''. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C. 20507(a)(1)(A)) is amended to read as follows: ``(A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election;''. (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52 U.S.C. 20503(a)(1)) is amended to read as follows: ``(1) through the State motor vehicle authority pursuant to section 5;''. (d) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.

Summary: Vote by Mail Act of 2017 This bill amends the Help America Vote Act of 2002 to require states to allow voting in federal elections to be by mail without additional conditions or requirements, except a deadline for returning the ballot. States must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election. The U.S. Postal Service must carry ballots mailed by a state expeditiously and free of postage. The National Voter Registration Act of 1993 is amended to authorize automatic voter registration of individuals through state motor vehicle authorities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Broadcast Towers Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The placement, construction, and modification of broadcast transmission facilities near residential communities and facilities such as schools can greatly reduce the value of residential properties, destroy the views from properties, produce radio frequency interference, raise concerns about potential long-term health effects of such facilities, and reduce substantially the desire to live in the areas of such facilities. (2) States and local governments have traditionally regulated development and should be able to exercise control over the placement, construction, and modification of broadcast transmission facilities through the use of zoning and other land use regulations relating to the protection of the environment, public health and safety, and the general welfare of the community and the public. (3) The Federal Communications Commission establishes policies to govern interstate and international communications by television, radio, wire, satellite, and cable. The Commission ensures compliance of such activities with applicable Federal laws, including the National Environmental Policy Act of 1969 and the National Historic Preservation Act, in its decision-making on such activities. (4) The Commission defers to State and local authorities which regulate the placement, construction, and modification of broadcast transmission facilities through the use of zoning, construction and building, and environmental and safety regulations in order to protect the environment and the health, safety, and general welfare of communities and the public. (5) On August 19, 1997, the Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of most State and local zoning, environmental, construction and building, and other regulations affecting the placement, construction, and modification of broadcast transmission facilities. (6) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purpose.--The purpose of this Act is to confirm that State and local governments are the appropriate entities-- (1) to regulate the placement, construction, and modification of broadcast transmission facilities consistent with State and local zoning, construction and building, environmental, and land use regulations; (2) to regulate the placement, construction, and modification of broadcast transmission facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger the health, safety, and general welfare of the public; and (3) to hold accountable applicants for permits for the placement, construction, or modification of broadcast transmission facilities, and providers of services using such facilities, for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION FACILITIES. Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. ``(a) Authority To Require Least Intrusive Facilities.-- ``(1) In general.--A State or local government may deny an application to place, construct, or modify broadcast transmission facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering broadcast signals comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities. ``(2) Considerations.--In determining under paragraph (1) the intrusiveness of technologies, delivery systems, or structures for the transmission of broadcast signals, a State or local government may consider the aesthetics of such technologies, systems, or structures, the environmental impact of such technologies, systems, or structures, and the radio frequency interference or radiation emitted by such technologies, systems, or structures. ``(3) Burden of proof.--In any hearing for purposes of the exercise of the authority in paragraph (1), the burden shall be on the applicant. ``(b) Radio Interference.--A State or local government may regulate the location, height, or modification of broadcast transmission facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public. ``(c) Authority To Require Studies and Documentation.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person seeking authority to place, construct, or modify broadcast transmission facilities to produce-- ``(A) environmental, biological, and health studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits, radio frequency interference impacts, and compliance with applicable laws, rules, and regulations governing the effects of such facilities on the environment, public health and safety, and the general welfare of the community and the public; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to place, construct, or modify such facilities within the jurisdiction of such government if such person fails to produce studies, reports, or documentation required under paragraph (1). ``(d) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify broadcast transmission facilities within the jurisdiction of the State or local government. ``(e) Broadcast Transmission Facility Defined.--In this section, the term `broadcast transmission facility' means the equipment, or any portion thereof, with which a broadcaster transmits and receives the radiofrequency waves that carry the services of the broadcaster, regardless of whether the equipment is sited on one or more towers or other structures owned by a person or entity other than the broadcaster, and includes the location of such equipment.''.

Summary: Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandates Information Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Before acting on proposed private sector mandates, the Congress should carefully consider the effects on consumers, workers, and small businesses. (2) The Congress has often acted without adequate information concerning the costs of private sector mandates, instead focusing only on the benefits. (3) The costs of private sector mandates are often borne in part by consumers, in the form of higher prices and reduced availability of goods and services. (4) The costs of private sector mandates are often borne in part by workers, in the form of lower wages, reduced benefits, and fewer job opportunities. (5) The costs of private sector mandates are often borne in part by small businesses, in the form of hiring disincentives and stunted growth. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To improve the quality of the Congress' deliberation with respect to proposed mandates on the private sector, by-- (A) providing the Congress with more complete information about the effects of such mandates; and (B) ensuring that the Congress acts on such mandates only after focused deliberation on the effects. (2) To enhance the ability of the Congress to distinguish between private sector mandates that harm consumers, workers, and small businesses, and mandates that help those groups. SEC. 4. FEDERAL PRIVATE SECTOR MANDATES. (a) In General.-- (1) Estimates.--Section 424(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended-- (A) in subparagraph (A) by striking ``and'' after the semicolon; and (B) by redesignating subparagraph (B) as subparagraph (C), and inserting after subparagraph (A) the following: ``(B) when applicable, the impact (including any disproportionate impact in particular regions or industries) on consumers, workers, and small businesses, of the Federal private sector mandates in the bill or joint resolution, including-- ``(i) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on consumer prices and on the actual supply of goods and services in consumer markets; ``(ii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on worker wages, worker benefits, and employment opportunities; and ``(iii) an analysis of the effect of the Federal private sector mandates in the bill or joint resolution on the hiring practices, expansion, and profitability of businesses with 100 or fewer employees; and''. (2) Point of order.--Section 424(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding after the period the following: ``If such determination is made by the Director, a point of order under this part shall lie only under section 425(a)(1) and as if the requirement of section 425(a)(1) had not been met.''. (3) Threshold amounts.--Section 425(a) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by-- (A) striking ``and'' after the semicolon at the end of paragraph (1) and redesignating paragraph (2) as paragraph (3); and (B) inserting after paragraph (1) the following new paragraph: ``(2) any bill, joint resolution, amendment, motion, or conference report that would increase the direct costs of Federal private sector mandates (excluding any direct costs that are attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the 5-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the thresholds specified in section 424(b)(1) to be exceeded; and''. (4) Application relating to appropriations committees.--(A) Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(c)(1)(A)) is amended by striking ``except''. (B) Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(c)(1)(B)) is amended-- (i) in clause (i) by striking ``intergovernmental''; (ii) in clause (ii) by striking ``intergovernmental''; (iii) in clause (iii) by striking ``intergovernmental''; and (iv) in clause (iv) by striking ``intergovernmental''. (5) Threshold burden.--(A) Section 426(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is amended by inserting ``legislative'' before ``language''. (B) Section 426(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425 or subsection (a) of this section'' and inserting ``part B''. (6) Question of consideration.--(A) Section 426(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is amended by striking ``section 425 or subsection (a) of this section'' and inserting ``part B''. (B) Section 426(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except that not more than one point of order shall be recognized by the Chair under section 425(a)(1) or (a)(2)'' before the period. (7) Application relating to congressional budget office.-- Section 427 of the Congressional Budget Act of 1974 (2 U.S.C. 658f) is amended by striking ``intergovernmental''. (b) Rules of the House of Representatives.--Clause 5(c) of rule XXIII of the Rules of the House of Representatives is amended by striking ``intergovernmental'' and by striking ``section 424(a)(1)'' and inserting ``section 424 (a)(1) or (b)(1)''. (c) Exercise of Rulemaking Powers.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of such House, respectively, and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House. (d) Annual CBO Reports.--Within 90 calendar days after the end of each fiscal year, the Director of the Congressional Budget Office shall transmit a report to each House of Congress of the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on employment and businesses in the United States. SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE. Section 421(5)(B) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended-- (1) by striking ``the provision'' after ``if''; (2) in clause (i)(I) by inserting ``the provision'' before ``would''; (3) in clause (i)(II) by inserting ``the provision'' before ``would''; and (4) in clause (ii)-- (A) by inserting ``that legislation, statute, or regulation does not provide'' before ``the State''; and (B) by striking ``lack'' and inserting ``new or expanded''. Passed the House of Representatives May 19, 1998. Attest: Clerk.

Summary: Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses. Redefines "Federal intergovernmental mandate" to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Elections Act of 2010''. SEC. 2. FOREIGN NATIONALS PROHIBITED FROM MAKING CONTRIBUTIONS, DONATIONS, OR EXPENDITURES IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) any corporation (other than a foreign principal described in paragraph (1)) under foreign control or substantial foreign influence, including a corporation in which-- ``(A) a foreign principal or an individual described in paragraph (2)-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) controls 20 percent or more of the voting shares of the corporation; ``(iii) controls a majority of the Board of Directors of the corporation; or ``(iv) has the power to direct, dictate, control, or directly or indirectly participate in the decisionmaking process of the corporation with respect to activities in connection with a Federal, State, or local election, such as a decision concerning-- ``(I) the making of a contribution, donation, expenditure, or disbursement in connection with such an election; or ``(II) the administration of a political committee; or ``(B) 2 or more foreign principals or individuals described in paragraph (2), in the aggregate-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) control 25 percent or more of the voting shares of the corporation; or ``(iii) control a majority of the Board of Directors of the corporation.''; and (2) by adding at the end the following new subsection: ``(c) Certification of Compliance.--A corporation shall, prior to carrying out any activity described in subsection (a), certify (in a form and manner specified by the Commission) that the corporation is in compliance with this section.''. SEC. 3. DISCLOSURE OF INFLUENCE OF FOREIGN NATIONALS IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended-- (1) in subsection (a)(3)-- (A) by striking ``shall clearly state the name'' and inserting ``shall clearly state-- ``(A) the name''; (B) in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) if the person who paid for the communication is a corporation, the percentage of voting shares of the corporation that are controlled by a foreign national (as defined in section 319(b)) or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national (as so defined) in the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year.''; and (2) in subsection (d)(2)-- (A) by striking ``others.--Any communication'' and inserting ``others.-- ``(A) In general.--Any communication''; and (B) by adding at the end the following new subparagraph: ``(B) Supplemental audio statements by corporations.-- ``(i) Corporations with voting stock.--If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that has voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our corporation is controlled by foreign nationals.'' (With the blank to be filled in with the percentage of voting shares of the corporation that is owned by foreign nationals, as defined in section 319(b)). ``(ii) Corporations without voting stock.-- If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that does not have voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our organization's funds come from foreign nationals.'' (With the blank to be filled in with the percentage of gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established the current fiscal year, that the corporation received from a foreign national, as defined in section 319(b)). ``(iii) Transmission through television.-- The second sentence of subparagraph (A) shall apply to a supplemental audio statement under this paragraph in the same manner as such sentence applies to an audio statement under such subparagraph.''. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 5. EFFECTIVE DATE. The provisions of and amendments made by this Act shall apply with respect to contributions and expenditures made on or after the date that is 45 days after the date of enactment of this Act.

Summary: American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to: (1) apply to any domestic corporation under foreign control or specified substantial foreign influence the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election; and (2) require disclosure in certain print or broadcast communications paid for by a coporation the percentage of corporate voting shares controlled by a foreign national, or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national in the immediately preceding fiscal year or current pro-rated fiscal year. Requires any such broadcast communications paid for by a corporation to include an audio statement on the percentage of the corporation's shares controlled by, or of its funds that come from, foreign nationals.


SECTION 1. FINDINGS. Congress finds as follows: (1) There is a lack of transparency and consistency concerning inspections by the Food and Drug Administration of medical device establishments around the world, which leads to inefficiencies and inconsistencies and undermines confidence in United States standards. (2) Inspections by the Food and Drug Administration of foreign device establishments are often conducted more efficiently than inspections of domestic device establishments. (3) The frequency and nature of inspections of device establishments are not consistently risk-based, and a comprehensive, transparent, risk-based approach to inspections would result in greater focus on the more significant risks to public health while reducing the burdens on establishments with a strong track record of compliance. (4) There is a lack of transparency and consistency among United States-based regional inspection offices with respect to the frequency of inspections of device establishments and the activities and concerns that trigger for-cause inspections of such establishments. (5) Greater transparency concerning the timing and nature of routine inspections of device establishments would improve the quality and efficiency of the inspection process. (6) Enhancing communications before, during, and after inspections in which deficiencies are identified, would assist the Secretary of Health and Human Services and the device industry in maintaining the safety and effectiveness of devices. (7) Guidance for device establishments is necessary to provide transparency and consistency concerning inspection- related communications. (8) Enhanced training opportunities for device establishment investigators would improve the consistency and efficiency of the device inspection process. (9) There is a lack of transparency in the export certification process with respect to device establishments for which FDA Form 483 has been used to document issues noticed during an inspection conducted pursuant to section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) or establishments that have received Warning Letters in connection with such an inspection, and between domestic and foreign establishments, resulting in devices that are lawfully marketed for United States patients being denied certification for marketing in other countries. (10) Device establishments that have attempted to address deficiencies identified by inspections carried out by the Food and Drug Administration lack sufficient opportunities to confirm that such corrective actions are appropriate. SEC. 2. RISK-BASED INSPECTIONS FOR DEVICES. Paragraph (2) of section 510(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended to read as follows: ``(2) Risk-based schedule for devices.-- ``(A) In general.--The Secretary, acting through one or more officers or employees duly designated by the Secretary, shall inspect establishments described in paragraph (1) that are engaged in the manufacture, propagation, compounding, or processing of a device or devices (referred to in this subsection as `device establishments') in accordance with one risk-based inspection schedule established by the Secretary, applied consistently across regional offices. ``(B) Factors and considerations.--In establishing the risk-based schedule under subparagraph (A), the Secretary shall-- ``(i) apply, to the extent applicable for device establishments, the factors identified in paragraph (4); and ``(ii) consider the participation of the device establishment, as applicable, in international device audit programs in which the United States participates or the United States recognizes for purposes of inspecting.''. SEC. 3. IMPROVEMENTS TO INSPECTIONS PROCESS FOR DEVICE ESTABLISHMENTS. Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended by adding at the end the following: ``(h)(1) The Secretary shall adopt a uniform process and uniform standards applicable to inspections of domestic and foreign device establishments. Such process shall include-- ``(A) notifying the owner, operator, or agent in charge of the establishment of the type and nature of the inspection; ``(B) announcing the inspection the establishment within a reasonable time before such inspection; ``(C) in the case of inspections other than for-cause inspections, providing a reasonable estimate of the timeframe for the inspection, an opportunity for advance communications between the officers or employees carrying out the inspection under subsection (a)(1) and the owner, operator, or agent in charge of the establishment concerning appropriate working hours during the inspection, and, to the extent feasible, advance notice of records that will be requested in order to expedite the inspection; and ``(D) daily communications with the owner, operator, or agent in charge of the establishment regarding inspection status, which may be recorded by either party with advance notice. ``(2) In the case of device establishments that have received a report pursuant to subsection (b), and for which the owner, operator, or agent in charge of such establishment submits a timely response to such report that includes a request for feedback to the actions proposed in such response, the Secretary shall provide nonbinding feedback regarding such proposed actions within 45 days of receipt of such request. ``(3) Nothing in this subsection limits the authority of the Secretary to conduct inspections otherwise permitted under this Act in order to ensure compliance with this Act. ``(4)(A) Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue draft guidance that-- ``(i) specifies how the Food and Drug Administration will implement the process described in paragraph (1) and the requirements described in paragraph (2); ``(ii) provides for standardized templates for communications described in such paragraphs; ``(iii) establishes a standard timeframe over consecutive days that is applicable to both domestic and foreign inspections, to which each inspector shall adhere unless an investigator can identify to the establishment a reason that more time is needed; and ``(iv) identifies practices for investigators and device establishments to facilitate the continuity of inspections. ``(B) Not later than 18 months after the date of enactment of this subsection, after notice and opportunity for public comment on the draft guidance described in subparagraph (A), the Secretary shall issue final guidance consistent with this subsection.''. SEC. 4. CERTIFICATES TO FOREIGN GOVERNMENTS FOR DEVICES. Subsection (e)(4) of section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)) is amended-- (1) by adding at the end the following: ``(E)(i) If the Secretary denies a request for certification with respect to a device pursuant to subparagraph (A)(ii), the Secretary shall provide in writing to the person seeking such certification the basis for such denial, and specifically identify the finding upon which such denial is based. ``(ii) If the denial of a request as described in clause (i) is based on grounds other than an injunction proceeding pursuant to section 302, seizure action pursuant to section 304, or a recall designated Class I or Class II pursuant to part 7, title 21, Code of Federal Regulations, the Secretary shall provide a substantive summary of the specific deficiencies identified. ``(iii) With respect to a device manufactured in an establishment that has received a report under section 704(b), the Secretary shall not deny a request for certification with respect to a device pursuant to subparagraph (A)(ii) if the Secretary and the owner, operator, or agent in charge of such establishment have agreed to a plan of correction in response to such report. ``(F)(i) The Secretary shall provide a process for a person who is denied a certification as described in subparagraph (E)(i) to request a review that conforms to the standards of section 517A(b). ``(ii) Notwithstanding any previous review conducted pursuant to clause (i), a person who has been denied a certification as described in subparagraph (E)(i) may at any time request a review in order to present new information relating to actions taken by such person to address the reasons identified by the Secretary for the denial of certification, including corrective actions to address deficiencies identified by the Secretary. ``(iii) Not later than 1 year after date of enactment of this subparagraph, the Secretary shall issue guidance providing for a process to carry out this subparagraph. ``(G)(i) Subparagraphs (E) and (F) apply to requests for certification on behalf of any device establishment registered under section 510, whether the establishment is located in the United States or another country. ``(ii) The Secretary may charge a fee for the issuance of a certification described in clause (i), and such fee is subject to the conditions and requirements of subparagraph (B).''; and (2) by moving the margins of subparagraphs (C) and (D) 4 ems to the left.

Summary: This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding Food and Drug Administration (FDA): (1) inspections of establishments that manufacture or process medical devices, and (2) certification of medical devices for export. The biannual inspection schedule for medical device establishments handling higher risk devices is replaced with a risk-based schedule. In establishing the risk-based schedule, the FDA must consider an establishment's participation in international medical device audit programs. The FDA must adopt a uniform process and uniform standards for inspections of domestic and foreign medical device establishments. Upon request, the FDA must provide to the person in charge of a medical device establishment feedback regarding the person's proposals to address issues identified during an inspection. The FDA must provide the basis for denying requests for certification of products for export as meeting FDA requirements for domestic products. A person denied such a certification may request supervisory review of that decision. Products from a medical device establishment that an inspector found to be contaminated or insanitary may be certified for export if the person in charge of the establishment has agreed to a plan to correct the issues identified during the inspection.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Relief Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II--INCREASING CONSUMER CONTROL Sec. 201. Repeal of the restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE Sec. 301. Allowing individuals to keep the coverage they have if they like it. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such sections and subsections are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES. Section 1302(c)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed. SEC. 103. INCREASING CHOICES FOR AMERICANS. (a) Qualified Health Plan Coverage Satisfied by High Deductible Health Plan With Health Savings Account.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows: ``(e) High Deductible Health Plan With Health Savings Account.--A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan.''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, except'' and all that follows through ``1302(e)(2)''. (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act (Public Law 111- 148), is amended by striking ``, except'' and all that follows through ``such Act''. (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking ``and catastrophic coverage''. SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS. Section 9010 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10905 of such Act, is repealed. SEC. 105. ENSURING AFFORDABLE COVERAGE. Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``, except'' and all that follows through ``2707(c))''. TITLE II--INCREASING CONSUMER CONTROL SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES. Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such section are repealed and the Internal Revenue Code of 1986 shall be applied as if such section and amendments had never been enacted. SEC. 202. REPEAL OF THE ANNUAL CAP. Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and the amendments made by such sections are repealed and the Internal Revenue Code of 1986 shall be applied as if such sections and amendments had never been enacted. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY LIKE IT. (a) In General.--Section 1251(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011) is amended-- (1) by striking ``Except as provided in paragraph (3),'' and inserting the following: ``(A) In general.--Except as provided in paragraphs (3) and (4),''; and (2) by adding at the end the following: ``(B) Protecting employers and consumers with grandfathered coverage.-- ``(i) In general.--A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). ``(ii) Regulations.--The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause.''. (b) Effective Date; Previously Promulgated Regulations Voided.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided.--Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.

Summary: Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market. Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin. Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Acid Rain and Mercury Control Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from powerplants. Sec. 4. Mercury emission reductions. Sec. 5. Effect on other law. Sec. 6. Protecting sensitive regional ecosystems. Sec. 7. Authorization of appropriations. Sec. 8. Modernization. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) reductions of atmospheric sulfur dioxide and nitrogen oxide from utility plants, in addition to the reductions required under the Clean Air Act (42 U.S.C. 7401 et seq.), are needed to reduce acid deposition and its serious adverse effects on public health, natural resources, building structures, sensitive ecosystems, and visibility; (2) sulfur dioxide and nitrogen oxide contribute to the development of fine particulates, suspected of causing human mortality and morbidity to a significant extent; (3) regional nitrogen oxide reductions of 75 percent in the Eastern United States, in addition to the reductions required under the Clean Air Act, may be necessary to protect sensitive watersheds from the effects of nitrogen deposition; (4) since the Clean Air Act Amendments of 1990 were enacted, some acidic lakes in the Adirondacks in the State of New York have started to slowly show chemical recovery from acid rain, demonstrating that sulfur dioxide and nitrogen oxide regulations can be implemented in a cost-effective manner, but the recovery is progressing at a slower rate than originally intended; (5) nitrogen oxide is highly mobile and can lead to ozone formation hundreds of miles from the emitting source; (6) on March 10, 2005, the Environmental Protection Agency (EPA) issued the Clean Air Interstate Rule (CAIR) to require additional reductions in sulfur dioxide and nitrogen oxide in 28 Eastern States and the District of Columbia; (7) these reductions represent approximately a 70 percent reduction in sulfur dioxide and a 60 percent reduction in nitrogen oxide in the affected States; (8) on July 11, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAIR and on December 23, 2008, the same court remanded the rule back to the EPA without vacature; (9) fossil fuel-fired electric generating units emit approximately \1/3\ of the total mercury emissions in the United States; (10) mercury is considered a neurotoxin which can bioaccumulate as it moves its way up the food chain and is especially harmful to young children and developing fetuses; (11) according to the EPA, there were 3,080 fish advisories for mercury in 2006; there are over 90 fish advisories for mercury in New York alone, with blanket warning for the Adirondack and Catskill Mountains; (12) on March 15, 2005, EPA issued the Clean Air Mercury Rule (CAMR), which for the first time sought to regulate mercury emissions from power plants, but used a less restrictive cap-and-trade approach for this very harmful substance and would take a full decade to implement; (13) on February 8, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated CAMR; and (14) on February 23, 2009, the Supreme Court denied a request to reconsider the decision. (b) Purposes.--The purposes of this Act are-- (1) to recognize the current scientific understanding that emissions of sulfur dioxide and nitrogen oxide, and the acid deposition resulting from emissions of sulfur dioxide and nitrogen oxide, present a substantial human health and environmental risk; (2) to require reductions in sulfur dioxide and nitrogen oxide emissions; (3) to support the efforts of existing acid rain and mercury monitoring programs located throughout the country; (4) to reduce utility emissions of nitrogen oxide by 75 percent from 1997 levels; (5) to reduce utility emissions of sulfur dioxide by 75 percent after the implementation of phase II sulfur dioxide requirements under section 405 of the Clean Air Act (42 U.S.C. 7651d); and (6) to adopt a strict standard for mercury emissions by power plants of 0.6 pounds per trillion Btu without allowing for a cap-and-trade system. SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM POWERPLANTS. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM POWERPLANTS. ``(a) Emission Reduction Objectives.--The emission reduction objectives of this section are to reduce, not later than January 1, 2012-- ``(1) aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the Phase II sulfur dioxide requirements under title IV (relating to acid deposition control); and ``(2) aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels. ``(b) Agency Action.-- ``(1) Regulations.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a). ``(B) Elements.--The regulations promulgated under subparagraph (A)-- ``(i) shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors; ``(ii) may include market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods); ``(iii) shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; and ``(iv) shall include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy. ``(2) Interagency coordination to minimize costs and maximize gains.--To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled `Scenarios for a Clean Energy Future', dated November 2000. ``(c) Additional Reductions.--The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare. ``(d) Modernization of Outdated Powerplants.-- ``(1) In general.--On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with-- ``(A) the most recent new source performance standards promulgated under section 111; and ``(B) the requirements under parts C and D that are applicable to modified sources. ``(2) Additional requirements.--The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b). ``(e) Other Requirements.--The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act. ``(f) Definition.--In this section, the term `powerplant' means an electric generation facility with a nameplate capacity of 25 megawatts or more that uses a combustion device to generate electricity for sale.''. SEC. 4. MERCURY EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--MERCURY REDUCTIONS ``Sec. 701. Definitions. ``Sec. 702. Mercury reduction program. ``Sec. 703. Prohibitions. ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Affected unit.--The term `affected unit' means a coal-fired electric generating facility (including a cogeneration facility) that-- ``(A) has a nameplate capacity greater than 25 megawatts; and ``(B) generates electricity for sale. ``(2) Cogeneration facility.--The term `cogeneration facility' means a facility that-- ``(A) cogenerates-- ``(i) steam; and ``(ii) electricity; and ``(B) supplies, on a net annual basis, to any utility power distribution system for sale-- ``(i) more than \1/3\ of the potential electric output capacity of the facility; and ``(ii) more than 25 megawatts of electrical output of the facility. ``SEC. 702. MERCURY REDUCTION PROGRAM. ``(a) New Unit Requirement.--Any affected unit that commences operation after December 31, 2010, shall be considered a new unit for the purposes of this section and shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement of operation. ``(b) Existing Unit Requirement.--Any affected unit that commences operation on or before December 31, 2010, shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu by January 1, 2013. ``(c) Monitoring System.--Not later than January 1, 2011, the Administrator shall promulgate regulations requiring operation, reporting and certification of continuous emissions monitoring systems (CEMS) to accurately measure the quantity of mercury that is emitted from each affected unit. ``(d) Excess Emissions.-- ``(1) In general.--The owner or operator of an affected unit that emits mercury in excess of the emission limitation described in subsections (b) and (c) shall pay an excess emissions penalty determined under paragraph (2). ``(2) Determination of excess emissions penalty.--The excess emissions penalty shall be an amount equal to $10,000 for each ounce of mercury emitted in excess of the emission limitations for mercury described in subsections (b) and (c). ``(e) Prevention of Mercury Re-Release.--Not later than January 1, 2011, the Administrator shall promulgate regulations to ensure that any mercury captured or recovered by emission controls installed at an affected unit is not re-released into the environment. ``SEC. 703. PROHIBITIONS. ``It shall be unlawful-- ``(1) for the owner or operator of any electricity generating facility-- ``(A) to operate the electricity generating facility in noncompliance with the requirements of this title (including any regulations implementing this title); ``(B) to fail to submit by the required date any emission allowances, or pay any penalty, for which the owner or operator is liable; ``(C) to fail to provide and comply with any plan to offset excess emissions; or ``(D) to emit mercury in excess of the emission limitations established under section 702; or ``(2) for any person to hold, use, or transfer any emission allowance allocated under this title except in accordance with regulations promulgated by the Administrator.''. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act-- (1) affects the ability of a State to take State actions to further limit sulfur dioxide, nitrogen oxide, or mercury; and (2) except as expressly provided in this Act-- (A) modifies or otherwise affects any requirement of this Act in effect on the day before the date of enactment of this Act; or (B) relieves any person of the responsibility to comply with this Act. SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS. (a) Report.-- (1) In general.--Not later than December 31, 2012, the Administrator shall submit to Congress a report identifying objectives for scientifically credible environmental indicators, as determined by the Administrator of the Environmental Protection Agency, that are sufficient to protect and restore sensitive ecosystems of the Adirondack Mountains, mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains, and Southern Blue Ridge Mountains and water bodies of the Great Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay and other sensitive ecosystems, as determined by the Administrator. (2) Updated report.--Not later than December 31, 2021, the Administrator shall submit to Congress a report updating the report under paragraph (1) and assessing the status and trends of various environmental objectives and indicators for the sensitive regional ecosystems referred to in paragraph (1). (3) Reports under the national acid precipitation assessment program.--The reports under this subsection shall be subject to the requirements applicable to a report under section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 7403(j)(3)(E)). (b) Regulations.-- (1) Determination.--Not later than December 31, 2019, the Administrator shall determine whether emission reductions under title VII of the Clean Air Act are sufficient to ensure achievement of the objectives stated in subsection (a)(1). (2) Promulgation.--If the Administrator determines under paragraph (1) that emission reductions under title VII of the Clean Air Act are not sufficient to ensure achievement of the objectives identified in subsection (a)(1), the Administrator shall promulgate, not later than 2 years after making the finding, such regulations, including modification of sulfur dioxide and nitrogen oxide allowance allocations or any such measure, as the Administrator determines are necessary to protect the sensitive ecosystems described in subsection (a)(1). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts made available under any other law, there are authorized to be appropriated for each of fiscal years 2010 through 2020-- (1) for operational support of the National Atmospheric Deposition Program National Trends Network-- (A) $2,000,000 to the United States Geological Survey; (B) $600,000 to the Environmental Protection Agency; (C) $600,000 to the National Park Service; and (D) $400,000 to the Forest Service; (2) for operational support of the National Atmospheric Deposition Program Mercury Deposition Network-- (A) $400,000 to the Environmental Protection Agency; (B) $400,000 to the United States Geological Survey; (C) $100,000 to the National Oceanic and Atmospheric Administration; and (D) $100,000 to the National Park Service; (3) for the National Atmospheric Deposition Program Atmospheric Integrated Research Monitoring Network $1,500,000 to the National Oceanic and Atmospheric Administration; (4) for the Clean Air Status and Trends Network $5,000,000 to the Environmental Protection Agency; and (5) for the Temporally Integrated Monitoring of Ecosystems and Long-Term Monitoring Program $2,500,000 to the Environmental Protection Agency. SEC. 8. MODERNIZATION. (a) Authorization of Appropriations.--In addition to amounts made available under any other law, there are authorized to be appropriated-- (1) for equipment and site modernization of the National Atmospheric Deposition Program National Trends Network $6,000,000 to the Environmental Protection Agency; (2) for equipment and site modernization and network expansion of the National Atmospheric Deposition Program Mercury Deposition Network $2,000,000 to the Environmental Protection Agency; (3) for equipment and site modernization and network expansion of the National Atmospheric Deposition Program Atmospheric Integrated Research Monitoring Network $1,000,000 to the National Oceanic and Atmospheric Administration; and (4) for equipment and site modernization and network expansion of the Clean Air Status and Trends Network $4,600,000 to the Environmental Protection Agency. (b) Availability of Amounts.--Each of the amounts appropriated under subsection (a) shall remain available until expended.

Summary: Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms. Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act. Considers affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013. Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment. Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act; (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions; and (3) emitting mercury in excess of the emission limitations. Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator. Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury. Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.


SECTION 1. SHORT TITLE. This Act may be cited as ``Healthy Kids for Healthy Futures Act of 2009''. SEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. (a) Amendments of ERISA.-- (1) In general.--Subpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services, in consultation with the Secretary and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of preventive care for children.''. (b) Amendments to the Public Health Service Act.-- (1) Group markets.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Individual market.--Subpart 3 of part B of title XXVII of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Amendments to the Internal Revenue Code.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other group health plan requirements) is amended by inserting after section 9812 the following new section: ``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services in consultation with the Secretary and the Secretary of Labor, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of Health and Human Services. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of preventive care for children.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2010. (e) Initial Notice.--Each group health plan and health insurance issuer to which the notice requirements of section 714(g) of the Employee Retirement Income Security Act of 1974, section 2707(g) of the Public Health Service Act, or section 9813(g) of the Internal Revenue Code of 1986 apply shall be deemed not in compliance with such requirements with respect to the first plan year beginning on or after January 1, 2010, unless, not later than January 1, 2010, the plan or issuer includes the information described in such section in a notice which is provided to each participant and beneficiary in writing. SEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS ACCOUNTS. (a) In General.--Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986 (defining high deductible health plan) is amended by adding at the end the following new subparagraph: ``(E) Special rule for preventative care for children.-- ``(i) In general.--A plan shall not be treated as a high deductible health plan unless such plan meets the requirements of section 9813 (relating to coverage of preventative care for children). ``(ii) Plan treated as group health plan.-- For purposes of clause (i), the plan shall be treated as a group health plan.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009.

Summary: Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines "appropriate preventive care" to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies the provisions of this Act to individual health insurance coverage. Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sport Fish Restoration and Recreational Boating Safety Act of 2015''. SEC. 2. ALLOCATIONS. (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent'' and inserting ``58.012 percent''. (b) In General.--Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``For each'' and all that follows through ``the balance'' and inserting ``For each fiscal year through fiscal year 2020, the balance''; and (ii) by striking ``multistate conservation grants under section 14'' and inserting ``activities under section 14(e)''; (B) in paragraph (1) by striking ``18.5'' percent and inserting ``18.673 percent''; (C) in paragraph (2) by striking ``18.5 percent'' and inserting ``17.315 percent''; (D) by striking paragraphs (3) and (4); (E) by redesignating paragraph (5) as paragraph (4); and (F) by inserting after paragraph (2) the following: ``(3) Boating infrastructure improvement.-- ``(A) In general.--An amount equal to 4 percent to the Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note) and section 7404(d) of the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)). ``(B) Limitation.--Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A).''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A) by striking ``for each'' and all that follows through ``the Secretary'' and inserting ``for each fiscal year through fiscal year 2020, the Secretary''; and (ii) in subparagraph (B)-- (I) in clause (i) by striking ``each of fiscal years 2001 and 2002, $9,000,000;'' and inserting ``fiscal year 2016, $11,000,000;''; (II) in clause (ii) by striking ``2003, $8,212,000; and'' and inserting ``2017, $11,300,000;''; and (III) by striking clause (iii) and inserting the following: ``(iii) for fiscal year 2018, $11,600,000; ``(iv) for fiscal year 2019, $11,800,000; and ``(v) for fiscal year 2020, $11,900,000.''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Set-aside for coast guard administration.-- ``(A) In general.--From the annual appropriation made in accordance with section 3, for each of fiscal years 2016 through 2020, the Secretary of the department in which the Coast Guard is operating may use no more than the amount specified in subparagraph (B) for the fiscal year for the purposes set forth in section 13107(c) of title 46, United States Code. The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for fiscal year 2016, $7,800,000; ``(ii) for fiscal year 2017, $7,900,000; ``(iii) for fiscal year 2018, $8,000,000; ``(iv) for fiscal year 2019, $8,100,000; and ``(v) for fiscal year 2020, $8,200,000.''; and (D) in paragraph (3), as so redesignated-- (i) in subparagraph (A) by striking ``until the end of the fiscal year.'' and inserting ``until the end of the subsequent fiscal year.''; and (ii) in subparagraph (B) by striking ``under subsection (e)'' and inserting ``under subsection (c)''; (3) in subsection (c)-- (A) by striking ``(c) The Secretary'' and inserting ``(c)(1) The Secretary,''; (B) by striking ``grants under section 14 of this title'' and inserting ``activities under section 14(e)''; (C) by striking ``57 percent'' and inserting ``58.012 percent''; and (D) by adding at the end the following: ``(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 14(a).''; and (4) in subsection (e)(1) by striking ``those subsections,'' and inserting ``those paragraphs,''. (c) Submission and Approval of Plans and Projects.--Section 6(d) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is amended by striking ``for appropriations'' and inserting ``from appropriations''. (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is amended by striking ``57 percent'' and inserting ``58.012 percent''. (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777k) is amended-- (1) by striking ``57 percent'' and inserting ``58.012 percent''; and (2) by striking ``under section 4(b)'' and inserting ``under section 4(c)''. (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is amended-- (1) in subsection (a)(1) by striking ``of each annual appropriation made in accordance with section 3''; and (2) in subsection (e)-- (A) in the matter preceding paragraph (1) by striking ``Of amounts made available under section 4(b) for each fiscal year--'' and inserting ``Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 3 shall be distributed to the Secretary of the Interior for use as follows:''; and (B) in paragraph (1)(D) by striking ``; and'' and inserting a period. (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) is amended-- (1) by striking section 15; and (2) by redesignating section 16 as section 15. SEC. 3. RECREATIONAL BOATING SAFETY. Section 13107 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(1) Subject to paragraph (2) and subsection (c),'' and inserting ``Subject to subsection (c),''; (B) by striking ``the sum of (A) the amount made available from the Boat Safety Account for that fiscal year under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B)''; and (C) by striking paragraph (2); and (2) in subsection (c)-- (A) by striking the subsection designation and paragraph (1) and inserting the following: ``(c)(1)(A) The Secretary may use amounts made available each fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the Coast Guard for investigations, personnel, and activities directly related to-- ``(i) administering State recreational boating safety programs under this chapter; or ``(ii) coordinating or carrying out the national recreational boating safety program under this title. ``(B) Of the amounts used by the Secretary each fiscal year under subparagraph (A)-- ``(i) not less than $2,500,000 is available to ensure compliance with chapter 43 of this title; and ``(ii) not more than $1,500,000 is available to conduct a survey, not more than once every 3 years, of levels of recreational boating participation and related matters in the United States.''; and (B) in paragraph (2)-- (i) by striking ``No funds'' and inserting ``On and after October 1, 2015, no funds''; and (ii) by striking ``traditionally''. SEC. 4. ANNUAL ASSESSMENT. (a) In General.--On the date on which the President submits to Congress a budget for fiscal year 2017 and for each fiscal year thereafter, the Director of the United States Fish and Wildlife Service shall submit to Congress an assessment of the administrative services provided by such Service under the Dingell-Johnson Sport Fish Restoration Act to the States and the sportfishing community. (b) Contents.--Each assessment under subsection (a) shall include the following: (1) The percentage of grant awards and amendments completed within 45 days after receipt of a complete grant application, the average number of days to process new grant applications, and the average number of days to process grant amendment requests. (2) Which wildlife and sport fish restoration policies are currently being updated, the start time for each update, and the anticipated completion time for each update. (3) The number of Federal assistance workshops held with States and such Service in efforts to communicate fiscal policies and procedures to State agencies. (4) The average time to respond to requests from States for assistance, based on initial notification or assistance requests initiated by a State. (5) The number of States with unresolved reconciliation of land records and the number of corrective action plans with open actions. (6) The number of employees of such Service with grants management training and the number of such employees with outstanding training requirements, and the number of State fish and wildlife staff who have received training through the Wildlife and Sport Fish Restoration Fund Program of such Service. (7) The number of full-time positions of such Service filled and vacant, including the associated position titles and paygrades, that contribute to grant processing and related grant management in each Service region and at Service headquarters.

Summary: Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the U.S. Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community.