[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[Senate]
[Pages S6346-S6369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2817. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. REPORT ON ESTABLISHMENT OF VETERANS JOBS WEBSITE.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report--
(1) assessing the feasibility and advisability of the
establishment by the Secretary of Veterans Affairs of a
website designed specifically for public and private sector
employers to advertize employment opportunities for veterans;
and
(2) estimating the funds and other resources required to
establish and maintain such a website.
______
SA 2818. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
On page 13, between lines 18 and 19, insert the following:
``(v) Any other license to operate equipment or engage in a
trade.
______
SA 2819. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
[[Page S6347]]
SEC. __. SENSE OF THE SENATE ON EMPLOYMENT BY MEMBERS OF
CONGRESS OF VETERANS AND MEMBERS OF THE
NATIONAL GUARD AND RESERVES.
It is the sense of the Senate that Members of Congress
should lead by example by hiring qualified veterans and
members of the National Guard and Reserves for open positions
on their personal and committee staff.
______
SA 2820. Mr. LEVIN (for himself, Ms. Landrieu and Mr. Cochran)
submitted an amendment intended to be proposed by him to the bill S.
3457, to require the Secretary of Veterans Affairs to establish a
veterans jobs corps, and for other purposes; which was ordered to lie
on the table; as follows:
At the end, add the following:
SEC. __. REDESIGNATED AREAS.
Section 3(p)(4)(C) of the Small Business Act (15 U.S.C.
632(p)(4)(C)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) September 30, 2013.''.
______
SA 2821. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. ___. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE
FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND
``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund.
``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS
ASSISTANCE FUND.
``(a) In General.--Every individual, with respect to the
taxpayer's return for the taxable year of the tax imposed by
chapter 1--
``(1) may designate that a specified portion (not less than
$1) of any overpayment of tax shall be paid over to the
Homeless Veterans Assistance Fund in accordance with the
provisions of section 9512, and
``(2) in addition to any payment (if any) under paragraph
(1), may make a contribution to the United States of an
additional amount which shall be paid over to such Fund.
``(b) Manner and Time of Designation and Contribution.--A
designation and contribution under subsection (a) may be made
with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after such time of filing)
specified in regulations prescribed by the Secretary.
Such designation and contribution shall be made in such
manner as the Secretary prescribes by regulations except
that, if such designation is made at the time of filing the
return of the tax imposed by chapter 1 for such taxable year,
such designation shall be made either on the first page of
the return or on the page bearing the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of
this title, any portion of an overpayment of tax designated
under subsection (a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(b) Homeless Veterans Assistance Fund.--Subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND.
``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Homeless Veterans Assistance Fund', consisting of such
amounts as may be appropriated or credited to such fund as
provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby
appropriated to the Homeless Veterans Assistance Fund amounts
equivalent to the amounts designated and contributed under
section 6098.
``(c) Expenditures.--
``(1) In general.--Subject to paragraphs (2) and (3),
amounts in the Homeless Veterans Assistance Fund shall be
available (and shall remain available until expended) to the
Department of Veterans Affairs, in consultation with the
Department of Labor Veterans Employment and Training Service
and Department of Housing and Urban Development, for the
purpose of providing services to homeless veterans, through--
``(A) the development and implementation of new and
innovative strategies to prevent and end veteran
homelessness, and
``(B) any homeless veteran program administered by the
Department of Veterans Affairs, the Department of Labor
Veterans Employment and Training Service, and the Department
of Housing and Urban Development.
``(2) Additional allocations.--The Secretary of Veterans
Affairs is authorized to make transfers from the amounts
described in paragraph (1) to the Department of Labor
Veterans Employment and Training Service and the Department
of Housing and Urban Development for the purpose of
supporting programs that serve homeless veterans.
``(3) Advance notice.--The Secretary of Veterans Affairs,
in collaboration with the Secretary of Labor and Secretary of
Housing and Urban Development, shall submit a detailed
expenditure plan for any amounts in the Homeless Veterans
Assistance Fund to the Committees on Veterans' Affairs and
Committees on Appropriations of the House of Representatives
and of the Senate not later than 60 days prior to any
expenditure of such amounts.
``(d) President's Annual Budget Information.--Beginning
with the President's annual budget submission for fiscal year
2014 and every year thereafter, the Department of Veterans
Affairs, the Department of Labor, and the Department of
Housing and Urban Development shall include a description of
the use of funds from the Homeless Veterans Assistance Fund
from the previous fiscal year and the proposed use of such
funds for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``PART IX--Contributions to the Homeless Veterans Assistance Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Homeless Veterans Assistance Fund.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 2822. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. SMALL BUSINESS PROCUREMENT.
Part 19 of the Federal Acquisition Regulation, section 15
of the Small Business Act (15 U.S.C. 644), and any other
applicable laws or regulations establishing procurement
requirements relating to small business concerns (as defined
in section 3 of the Small Business Act (15 U.S.C. 632)) may
not be waived with respect to any contract awarded under any
program or other authority under this Act or an amendment
made by this Act.
SEC. __. PROHIBITION ON WAIVER OF REQUIREMENTS REGARDING
DEPARTMENT OF VETERANS AFFAIRS CONTRACTING
GOALS AND PREFERENCES.
Neither section 8127 nor section 8128 of title 38, United
States Code, may be waived with respect to any contract
awarded under any program or other authority under this Act
or any amendment made by this Act.
______
SA 2823. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL
ELECTION CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--
Section 6096 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(d) Termination.--This section shall not apply to taxable
years beginning after December 31, 2011.''.
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such Code is
amended by adding at the end the following new section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with
respect to any presidential election (or any presidential
nominating convention) after the date of the enactment of
this section, or to any candidate in such an election.''.
(B) Transfer of excess funds to general fund.--Section 9006
of such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After Termination.--The
Secretary shall transfer all amounts in the fund after the
date of the enactment of this section to the general fund of
the Treasury, to be used only for reducing the deficit.''.
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any
candidate with respect to any presidential election after the
date of the enactment of this section.''.
(c) Clerical Amendments.--
[[Page S6348]]
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''.
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
______
SA 2824. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 14 and all that follows and insert the
following:
SEC. 14. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2016'' and inserting
``March 31, 2017''.
SEC. 15. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN
UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
15(d) of the Veterans Jobs Corps Act of 2012.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2012, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 15(d) of the Veterans Jobs Corps Act of 2012.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority To Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State may not issue a passport to
any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2013.
SEC. 16. NO MORTGAGE INTEREST DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 163(h)(4) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(G) No deduction for millionaires and billionaires.--
``(i) In general.--Except as provided in clause (ii), no
deduction shall be allowed by reason of paragraph (2)(D) for
any taxable year with respect to any taxpayer with an
adjusted gross income equal to or greater than $1,000,000 for
such taxable year.
``(ii) Termination.--Clause (i) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 17. NO RENTAL EXPENSE DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 212 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
flush sentence:
``Paragraph (2) shall not apply for any taxable year with
respect to any taxpayer with an adjusted gross income equal
to or greater than $1,000,000 for such taxable year. The
preceding sentence shall not apply to any taxable year
beginning after the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 18. NO GAMBLING LOSS DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 165(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``In the case of a taxpayer with an adjusted gross income
equal to or greater than $1,000,000 for the taxable year, the
preceding sentence shall not apply for any taxable year
beginning before the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
[[Page S6349]]
SEC. 19. NO DISCHARGE OF INDEBTEDNESS DEDUCTION FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 108 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(j) No Deduction for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
exclusion shall be allowed by reason of this section for any
taxable year with respect to any taxpayer with an adjusted
gross income equal to or greater than $1,000,000 for such
taxable year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 20. NO ELECTRIC PLUG-IN VEHICLE TAX CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 30D(f) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(8) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit described in subsection (c)(2) shall be allowed
under this section for any taxable year with respect to any
taxpayer with an adjusted gross income equal to or greater
than $1,000,000 for such taxable year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 21. NO HOUSEHOLD AND DEPENDENT CARE CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 21 of the Internal Revenue Code of
1986 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new
subsection:
``(f) No Credit for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 22. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 25D(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(9) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 16
through 22 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 14 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 23. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______
SA 2825. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 8 and all that follows and insert the
following:
SEC. 8. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2016'' and inserting
``March 31, 2017''.
SEC. 9. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN
UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
9(d) of the Veterans Jobs Corps Act of 2012.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2012, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 9(d) of the Veterans Jobs Corps Act of 2012.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority To Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State may not issue a passport to
any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
[[Page S6350]]
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2013.
SEC. 10. NO MORTGAGE INTEREST DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 163(h)(4) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(G) No deduction for millionaires and billionaires.--
``(i) In general.--Except as provided in clause (ii), no
deduction shall be allowed by reason of paragraph (2)(D) for
any taxable year with respect to any taxpayer with an
adjusted gross income equal to or greater than $1,000,000 for
such taxable year.
``(ii) Termination.--Clause (i) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 11. NO RENTAL EXPENSE DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 212 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
flush sentence:
``Paragraph (2) shall not apply for any taxable year with
respect to any taxpayer with an adjusted gross income equal
to or greater than $1,000,000 for such taxable year. The
preceding sentence shall not apply to any taxable year
beginning after the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 12. NO GAMBLING LOSS DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.
(a) In General.--Section 165(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``In the case of a taxpayer with an adjusted gross income
equal to or greater than $1,000,000 for the taxable year, the
preceding sentence shall not apply for any taxable year
beginning before the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 13. NO DISCHARGE OF INDEBTEDNESS DEDUCTION FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 108 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(j) No Deduction for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
exclusion shall be allowed by reason of this section for any
taxable year with respect to any taxpayer with an adjusted
gross income equal to or greater than $1,000,000 for such
taxable year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 14. NO ELECTRIC PLUG-IN VEHICLE TAX CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 30D(f) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(8) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit described in subsection (c)(2) shall be allowed
under this section for any taxable year with respect to any
taxpayer with an adjusted gross income equal to or greater
than $1,000,000 for such taxable year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 15. NO HOUSEHOLD AND DEPENDENT CARE CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 21 of the Internal Revenue Code of
1986 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new
subsection:
``(f) No Credit for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 16. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.
(a) In General.--Section 25D(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(9) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 10
through 16 of the Veterans Jobs Corps Act of 2012 matches
dollar for dollar the increase of expenditures attributable
to the enactment of sections 2 through 8 of such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2012.
SEC. 17. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______
SA 2826. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
Beginning on page 38, strike line 11 and all that follows
through page 39, line 7, and insert the following:
SEC. 17. CONSOLIDATION OF VETERANS EMPLOYMENT ASSISTANCE
PROGRAMS.
(a) In General.--The Secretary of Labor and the Secretary
of Veterans Affairs shall take such actions as may be
necessary to consolidate the programs described in subsection
(b) into a single program to be carried out by the Secretary
of Veterans Affairs.
(b) Programs.--The programs described in this subsection
are the following:
(1) Disabled Veterans' Outreach Program of the Department
of Labor.
[[Page S6351]]
(2) Homeless Veterans' Reintegration Project of the
Department of Labor.
(3) Local Veterans' Employment Representative Program of
the Department of Labor.
(4) Transition Assistance Program of the Department of
Labor.
(5) Veterans' Workforce Investment Program of the
Department of Labor.
(6) Vocational Rehabilitation for Disabled Veterans of the
Department of Veterans Affairs.
(c) Metrics.--The Secretary of Veterans Affairs shall
establish metrics to assess the program resulting from
consolidation under subsection (a).
______
SA 2827. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an
amendment intended to be proposed by her to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of the bill, add the following:
TITLE II--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Energy Savings and
Industrial Competitiveness Act of 2012''.
Subtitle A--Buildings
PART I--BUILDING ENERGY CODES
SEC. 211. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
and standards developed and updated through a consensus
process among interested persons, such as the IECC or the
code used by--
``(A) the Council of American Building Officials;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) In General.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State and local
codes.
``(b) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 2 years after the date on
which a model building energy code is updated, each State or
Indian tribe shall certify whether or not the State or Indian
tribe, respectively, has reviewed and updated the energy
provisions of the building code of the State or Indian tribe,
respectively.
``(B) Demonstration.--The certification shall include a
demonstration of whether or not the energy savings for the
code provisions that are in effect throughout the State or
Indian tribal territory meet or exceed--
``(i) the energy savings of the updated model building
energy code; or
``(ii) the targets established under section 307(b)(2).
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(D), each State or Indian
tribe shall, not later than 2 years after the specified date,
certify whether or not the State or Indian tribe,
respectively, has reviewed and updated the energy provisions
of the building code of the State or Indian tribe,
respectively, to meet or exceed the target in section
307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1); and
``(B) if the determination is positive, validate the
certification.
``(c) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (b), each State and Indian
tribe shall certify whether or not the State and Indian
tribe, respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State and Indian tribe building energy
code or with the associated model building energy code; or
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State and
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of the
buildings covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year-period beginning on
the date of enactment of this paragraph, including annual
targets for compliance and active training and enforcement
programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance; and
``(B) if the determination is positive, validate the
certification.
``(d) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report
on--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (b) or (c), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually submit to
Congress, and publish in the Federal Register, a report on--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over time as result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using investment analysis), and
lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
The Secretary shall provide technical assistance to States
and Indian tribes to implement the goals and requirements of
this section, including procedures and technical analysis for
States and Indian tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy
savings than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy efficient buildings.
``(f) Availability of Incentive Funding.--
[[Page S6352]]
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) to improve and implement residential and commercial
building energy codes, including increasing and verifying
compliance with the codes and training of State, tribal, and
local building code officials to implement and enforce the
codes; and
``(C) to promote building energy efficiency through the use
of the codes.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan
to achieve and document full compliance with residential and
commercial building energy codes under subsection (c)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (b) or (c);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State may use amounts required, but not to
exceed $750,000 for a State, to train State and local
building code officials to implement and enforce codes
described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(g) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes
and advanced standards for residential and commercial
buildings for use as--
``(A) an option for adoption as a building energy code by
local, tribal, or State governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
at least 3 to 6 years in advance of the target years.
``(h) Studies.--The Secretary, in consultation with
building science experts from the National Laboratories and
institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code
officials, and other stakeholders, shall undertake a study of
the feasibility, impact, economics, and merit of--
``(1) code improvements that would require that buildings
be designed, sited, and constructed in a manner that makes
the buildings more adaptable in the future to become zero-
net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations; and
``(3) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local action, and verification of
compliance with and enforcement of a code other than by a
State or local government.
``(i) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section and
section 307 $200,000,000, to remain available until
expended.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' each place it appears in subsections (a)(2)(B) and (b)
and inserting ``model building energy code''.
(d) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended
to read as follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement
of aggregate energy savings targets established under
paragraph (2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with State,
Indian tribes, local governments, nationally recognized code
and standards developers, and other interested parties to
support the updating of model building energy codes by
establishing 1 or more aggregate energy savings targets to
achieve the purposes of this section.
``(B) Separate targets.--The Secretary may establish
separate targets for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
and coordinated with nationally recognized code and standards
developers at a level that--
``(I) is at the maximum level of energy efficiency that is
technologically feasible and life-cycle cost effective, while
accounting for the economic considerations under paragraph
(4);
``(II) is higher than the preceding target; and
``(III) promotes the achievement of commercial and
residential high-performance buildings through high
performance energy efficiency (within the meaning of section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)).
``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(iv) Small business.--When establishing targets under
this paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems;
``(D) building management systems and SmartGrid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code targets under paragraph (2), the
Secretary shall consider the economic feasibility of
achieving the proposed targets established under this section
and the potential costs and savings for consumers and
building owners, including a return on investment analysis.
``(c) Technical Assistance to Model Building Energy Code-
setting and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent
with the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy analysis and design tools;
``(C) building demonstrations;
``(D) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(4) Analysis methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(d) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the
date of the revision, and a final determination not later
than 15 months after the date of the revision, on whether or
not the revision will--
``(A) improve energy efficiency in buildings compared to
the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a code or standard
does not meet the targets established under subsection
(b)(2), the Secretary may at the same time provide the model
building energy code or standard developer with proposed
changes that would result in a model building energy code
that meets the targets and with supporting evidence, taking
into consideration--
``(i) whether the modified code is technically feasible and
life-cycle cost effective;
[[Page S6353]]
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the proposed changes, the
model building energy code or standard developer shall have
an additional 270 days to accept or reject the proposed
changes of the Secretary to the model building energy code or
standard for the Secretary to make a final determination.
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the modified model building energy
code or standard.
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets and supporting analysis and
determinations under this section in the Federal Register to
provide an explanation of and the basis for such actions,
including any supporting modeling, data, assumptions,
protocols, and cost-benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.
``(f) Voluntary Codes and Standards.--Nothwithstanding any
other provision of this section, any model building code or
standard established under this section shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.
PART II--WORKER TRAINING AND CAPACITY BUILDING
SEC. 221. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary of Energy shall provide
grants to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) and Tribal Colleges or Universities (as defined in
section 316(b) of that Act (20 U.S.C. 1059c(b)) to establish
building training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and
operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to
supply heat and power for buildings, particularly energy-
intensive buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National
Institute of Food and Agriculture and ensure appropriate
services are provided under this section to each region of
the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the Industrial Assessment Centers program and with other
Federal programs to avoid duplication of effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.
Subtitle B--Building Efficiency Finance
SEC. 231. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO
EXISTING BUILDINGS.
Title XVII of the Energy Policy Act of 2005 (42 U.S.C.
16511 et seq.) is amended by adding at the end the following:
``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.
``(a) Definitions.--In this section:
``(1) Credit support.--The term `credit support' means a
guarantee or commitment to issue a guarantee or other forms
of credit enhancement to ameliorate risks for efficiency
obligations.
``(2) Efficiency obligation.--The term `efficiency
obligation' means a debt or repayment obligation incurred in
connection with financing a project, or a portfolio of such
debt or payment obligations.
``(3) Project.--The term `project' means the installation
and implementation of efficiency, advanced metering,
distributed generation, or renewable energy technologies and
measures in a building (or in multiple buildings on a given
property) that are expected to increase the energy efficiency
of the building (including fixtures) in accordance with
criteria established by the Secretary.
``(b) Eligible Projects.--
``(1) In general.--Notwithstanding sections 1703 and 1705,
the Secretary may provide credit support under this section,
in accordance with section 1702.
``(2) Inclusions.--Buildings eligible for credit support
under this section include commercial, multifamily
residential, industrial, municipal, government, institution
of higher education, school, and hospital facilities that
satisfy criteria established by the Secretary.
``(c) Guidelines.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall--
``(A) establish guidelines for credit support provided
under this section; and
``(B) publish the guidelines in the Federal Register; and
``(C) provide for an opportunity for public comment on the
guidelines.
``(2) Requirements.--The guidelines established by the
Secretary under this subsection shall include--
``(A) standards for assessing the energy savings that could
reasonably be expected to result from a project;
``(B) examples of financing mechanisms (and portfolios of
such financing mechanisms) that qualify as efficiency
obligations;
``(C) the threshold levels of energy savings that a
project, at the time of issuance of credit support, shall be
reasonably expected to achieve to be eligible for credit
support;
``(D) the eligibility criteria the Secretary determines to
be necessary for making credit support available under this
section; and
``(E) notwithstanding subsections (d)(3) and (g)(2)(B) of
section 1702, any lien priority requirements that the
Secretary determines to be necessary, in consultation with
the Director of the Office of Management and Budget, which
may include--
``(i) requirements to preserve priority lien status of
secured lenders and creditors in buildings eligible for
credit support;
``(ii) remedies available to the Secretary under chapter
176 of title 28, United States Code, in the event of default
on the efficiency obligation by the borrower; and
``(iii) measures to limit the exposure of the Secretary to
financial risk in the event of default, such as--
``(I) the collection of a credit subsidy fee from the
borrower as a loan loss reserve, taking into account the
limitation on credit support under subsection (d);
``(II) minimum debt-to-income levels of the borrower;
``(III) minimum levels of value relative to outstanding
mortgage or other debt on a building eligible for credit
support;
``(IV) allowable thresholds for the percent of the
efficiency obligation relative to the amount of any mortgage
or other debt on an eligible building;
``(V) analysis of historic and anticipated occupancy levels
and rental income of an eligible building;
``(VI) requirements of third-party contractors to guarantee
energy savings that will result from a retrofit project, and
whether financing on the efficiency obligation will amortize
from the energy savings;
``(VII) requirements that the retrofit project incorporate
protocols to measure and verify energy savings; and
``(VIII) recovery of payments equally by the Secretary and
the retrofit.
``(3) Efficiency obligations.--The financing mechanisms
qualified by the Secretary under paragraph (2)(B) may
include--
``(A) loans, including loans made by the Federal Financing
Bank;
``(B) power purchase agreements, including energy
efficiency power purchase agreements;
``(C) energy services agreements, including energy
performance contracts;
``(D) property assessed clean energy bonds and other tax
assessment-based financing mechanisms;
``(E) aggregate on-meter agreements that finance retrofit
projects; and
``(F) any other efficiency obligations the Secretary
determines to be appropriate.
``(4) Priorities.--In carrying out this section, the
Secretary shall prioritize--
``(A) the maximization of energy savings with the available
credit support funding;
``(B) the establishment of a clear application and approval
process that allows private building owners, lenders, and
investors to reasonably expect to receive credit support for
projects that conform to guidelines;
``(C) the distribution of projects receiving credit support
under this section across States or geographical regions of
the United States; and
``(D) projects designed to achieve whole-building
retrofits.
``(d) Limitation.--Notwithstanding section 1702(c), the
Secretary shall not issue credit support under this section
in an amount that exceeds--
``(1) 90 percent of the principal amount of the efficiency
obligation that is the subject of the credit support; or
``(2) $10,000,000 for any single project.
``(e) Aggregation of Projects.--To the extent provided in
the guidelines developed in accordance with subsection (c),
the Secretary may issue credit support on a portfolio, or
pool of projects, that are not required to be geographically
contiguous, if each efficiency obligation in the pool
fulfills the requirements described in this section.
``(f) Application.--
``(1) In general.--To be eligible to receive credit support
under this section, the applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary determines to be
necessary.
``(2) Contents.--An application submitted under this
section shall include assurances by the applicant that--
``(A) each contractor carrying out the project meets
minimum experience level criteria, including local retrofit
experience, as determined by the Secretary;
``(B) the project is reasonably expected to achieve energy
savings, as set forth in the application using any
methodology that
[[Page S6354]]
meets the standards described in the program guidelines;
``(C) the project meets any technical criteria described in
the program guidelines;
``(D) the recipient of the credit support and the parties
to the efficiency obligation will provide the Secretary
with--
``(i) any information the Secretary requests to assess the
energy savings that result from the project, including
historical energy usage data, a simulation-based benchmark,
and detailed descriptions of the building work, as described
in the program guidelines; and
``(ii) permission to access information relating to
building operations and usage for the period described in the
program guidelines; and
``(E) any other assurances that the Secretary determines to
be necessary.
``(3) Determination.--Not later than 90 days after
receiving an application, the Secretary shall make a final
determination on the application, which may include requests
for additional information.
``(g) Fees.--
``(1) In general.--In addition to the fees required by
section 1702(h)(1), the Secretary may charge reasonable fees
for credit support provided under this section.
``(2) Availability.--Fees collected under this section
shall be subject to section 1702(h)(2).
``(h) Underwriting.--The Secretary may delegate the
underwriting activities under this section to 1 or more
entities that the Secretary determines to be qualified.
``(i) Report.--Not later than 1 year after commencement of
the program, the Secretary shall submit to the appropriate
committees of Congress a report that describes in reasonable
detail--
``(1) the manner in which this section is being carried
out;
``(2) the number and type of projects supported;
``(3) the types of funding mechanisms used to provide
credit support to projects;
``(4) the energy savings expected to result from projects
supported by this section;
``(5) any tracking efforts the Secretary is using to
calculate the actual energy savings produced by the projects;
and
``(6) any plans to improve the tracking efforts described
in paragraph (5).
``(j) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$400,000,000 for the period of fiscal years 2012 through
2021, to remain available until expended.
``(2) Administrative costs.--Not more than 1 percent of any
amounts made available to the Secretary under paragraph (1)
may be used by the Secretary for administrative costs
incurred in carrying out this section.''.
Subtitle C--Industrial Efficiency and Competitiveness
PART I--MANUFACTURING ENERGY EFFICIENCY
SEC. 241. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY
REVOLVING LOAN PROGRAM.
Section 399A of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1) is amended--
(1) in the section heading, by inserting ``and industry''
before the period at the end;
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) State Partnership Industrial Energy Efficiency
Revolving Loan Program.--
``(1) In general.--The Secretary shall carry out a program
under which the Secretary shall provide grants to eligible
lenders to pay the Federal share of creating a revolving loan
program under which loans are provided to commercial and
industrial manufacturers to implement commercially available
technologies or processes that significantly--
``(A) reduce systems energy intensity, including the use of
energy-intensive feedstocks; and
``(B) improve the industrial competitiveness of the United
States.
``(2) Eligible lenders.--To be eligible to receive cost-
matched Federal funds under this subsection, a lender shall--
``(A) be a community and economic development lender that
the Secretary certifies meets the requirements of this
subsection;
``(B) lead a partnership that includes participation by, at
a minimum--
``(i) a State government agency; and
``(ii) a private financial institution or other provider of
loan capital;
``(C) submit an application to the Secretary, and receive
the approval of the Secretary, for cost-matched Federal funds
to carry out a loan program described in paragraph (1); and
``(D) ensure that non-Federal funds are provided to match,
on at least a dollar-for-dollar basis, the amount of Federal
funds that are provided to carry out a revolving loan program
described in paragraph (1).
``(3) Award.--The amount of cost-matched Federal funds
provided to an eligible lender shall not exceed $100,000,000
for any fiscal year.
``(4) Recapture of awards.--
``(A) In general.--An eligible lender that receives an
award under paragraph (1) shall be required to repay to the
Secretary an amount of cost-match Federal funds, as
determined by the Secretary under subparagraph (B), if the
eligible lender is unable or unwilling to operate a program
described in this subsection for a period of not less than 10
years beginning on the date on which the eligible lender
first receives funds made available through the award.
``(B) Determination by secretary.--The Secretary shall
determine the amount of cost-match Federal funds that an
eligible lender shall be required to repay to the Secretary
under subparagraph (A) based on the consideration by the
Secretary of--
``(i) the amount of non-Federal funds matched by the
eligible lender;
``(ii) the amount of loan losses incurred by the revolving
loan program described in paragraph (1); and
``(iii) any other appropriate factor, as determined by the
Secretary.
``(C) Use of recaptured cost-match federal funds.--The
Secretary may distribute to eligible lenders under this
subsection each amount received by the Secretary under this
paragraph.
``(5) Eligible projects.--A program for which cost-matched
Federal funds are provided under this subsection shall be
designed to accelerate the implementation of industrial and
commercial applications of technologies or processes
(including distributed generation, applications or
technologies that use sensors, meters, software, and
information networks, controls, and drives or that have been
installed pursuant to an energy savings performance contract,
project, or strategy) that--
``(A) improve energy efficiency, including improvements in
efficiency and use of water, power factor, or load
management;
``(B) enhance the industrial competitiveness of the United
States; and
``(C) achieve such other goals as the Secretary determines
to be appropriate.
``(6) Evaluation.--The Secretary shall evaluate
applications for cost-matched Federal funds under this
subsection on the basis of--
``(A) the description of the program to be carried out with
the cost-matched Federal funds;
``(B) the commitment to provide non-Federal funds in
accordance with paragraph (2)(D);
``(C) program sustainability over a 10-year period;
``(D) the capability of the applicant;
``(E) the quantity of energy savings or energy feedstock
minimization;
``(F) the advancement of the goal under this Act of 25-
percent energy avoidance;
``(G) the ability to fund energy efficient projects not
later than 120 days after the date of the grant award; and
``(H) such other factors as the Secretary determines
appropriate.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$400,000,000 for the period of fiscal years 2012 through
2021.''.
SEC. 242. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.
(a) In General.--As part of the research and development
activities of the Industrial Technologies Program of the
Department of Energy, the Secretary shall establish, as
appropriate, collaborative research and development
partnerships with other programs within the Office of Energy
Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and
Energy Reliability, and the Office of Science that--
(1) leverage the research and development expertise of
those programs to promote early stage energy efficiency
technology development;
(2) support the use of innovative manufacturing processes
and applied research for development, demonstration, and
commercialization of new technologies and processes to
improve efficiency (including improvements in efficient use
of water), reduce emissions, reduce industrial waste, and
improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Industrial
Technologies Program to help achieve the program goals of the
other programs.
(b) Reports.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of
those actions.
SEC. 243. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL
ENERGY EFFICIENCY.
(a) Definitions.--In this section:
(1) Industrial energy efficiency.--The term ``industrial
energy efficiency'' means the energy efficiency derived from
commercial technologies and measures to improve energy
efficiency or to generate or transmit electric power and
heat, including electric motor efficiency improvements,
demand response, direct or indirect combined heat and power,
and waste heat recovery.
(2) Industrial sector.--The term ``industrial sector''
means any subsector of the manufacturing sector (as defined
in North American Industry Classification System codes 31-33
(as in effect on the date of enactment of this Act))
establishments of which have, or could have, thermal host
facilities with electricity requirements met in whole, or in
part, by onsite electricity generation, including direct and
indirect combined heat and power or waste recovery.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
[[Page S6355]]
(b) Report on the Deployment of Industrial Energy
Efficiency.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) the results of the study conducted under paragraph (2);
and
(B) recommendations and guidance developed under paragraph
(3).
(2) Study.--The Secretary, in coordination with the
industrial sector, shall conduct a study of the following:
(A) The legal, regulatory, and economic barriers to the
deployment of industrial energy efficiency in all electricity
markets (including organized wholesale electricity markets,
and regulated electricity markets), including, as applicable,
the following:
(i) Transmission and distribution interconnection
requirements.
(ii) Standby, back-up, and maintenance fees (including
demand ratchets).
(iii) Exit fees.
(iv) Life of contract demand ratchets.
(v) Net metering.
(vi) Calculation of avoided cost rates.
(vii) Power purchase agreements.
(viii) Energy market structures.
(ix) Capacity market structures.
(x) Other barriers as may be identified by the Secretary,
in coordination with the industrial sector.
(B) Examples of --
(i) successful State and Federal policies that resulted in
greater use of industrial energy efficiency;
(ii) successful private initiatives that resulted in
greater use of industrial energy efficiency; and
(iii) cost-effective policies used by foreign countries to
foster industrial energy efficiency.
(C) The estimated economic benefits to the national economy
of providing the industrial sector with Federal energy
efficiency matching grants of $5,000,000,000 for 5- and 10-
year periods, including benefits relating to--
(i) estimated energy and emission reductions;
(ii) direct and indirect jobs saved or created;
(iii) direct and indirect capital investment;
(iv) the gross domestic product; and
(v) trade balance impacts.
(D) The estimated energy savings available from increased
use of recycled material in energy-intensive manufacturing
processes.
(3) Recommendations and guidance.--The Secretary, in
coordination with the industrial sector, shall develop policy
recommendations regarding the deployment of industrial energy
efficiency, including proposed regulatory guidance to States
and relevant Federal agencies to address barriers to
deployment.
SEC. 244. FUTURE OF INDUSTRY PROGRAM.
(a) In General.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended by striking
the section heading and inserting the following: ``future of
industry program''.
(b) Definition of Energy Service Provider.--Section 452(a)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(a)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (3):
``(5) Energy service provider.--The term `energy service
provider' means any private company or similar entity
providing technology or services to improve energy efficiency
in an energy-intensive industry.''.
(c) Industrial Research and Assessment Centers.--
(1) In general.--Section 452(e) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(C) in subparagraph (A) (as redesignated by subparagraph
(A)), by inserting before the semicolon at the end the
following: ``, including assessments of sustainable
manufacturing goals and the implementation of information
technology advancements for supply chain analysis, logistics,
system monitoring, industrial and manufacturing processes,
and other purposes''; and
(D) by adding at the end the following:
``(2) Centers of excellence.--
``(A) In general.--The Secretary shall establish a Center
of Excellence at up to 10 of the highest performing
industrial research and assessment centers, as determined by
the Secretary.
``(B) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence.
``(C) Funding.--Subject to the availability of
appropriations, of the funds made available under subsection
(f), the Secretary shall use to support each Center of
Excellence not less than $500,000 for fiscal year 2012 and
each fiscal year thereafter, as determined by the Secretary.
``(3) Expansion of centers.--The Secretary shall provide
funding to establish additional industrial research and
assessment centers at institutions of higher education that
do not have industrial research and assessment centers
established under paragraph (1), taking into account the size
of, and potential energy efficiency savings for, the
manufacturing base within the region of the proposed center.
``(4) Coordination.--
``(A) In general.--To increase the value and capabilities
of the industrial research and assessment centers, the
centers shall--
``(i) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and
Technology;
``(ii) coordinate with the Building Technologies Program of
the Department of Energy to provide building assessment
services to manufacturers;
``(iii) increase partnerships with the National
Laboratories of the Department of Energy to leverage the
expertise and technologies of the National Laboratories for
national industrial and manufacturing needs;
``(iv) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management;
``(v) identify opportunities for reducing greenhouse gas
emissions; and
``(vi) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(5) Outreach.--The Secretary shall provide funding for--
``(A) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(B) a full-time equivalent employee at each center of
excellence whose primary mission shall be to coordinate and
leverage the efforts of the center with--
``(i) Federal and State efforts;
``(ii) the efforts of utilities and energy service
providers;
``(iii) the efforts of regional energy efficiency
organizations; and
``(iv) the efforts of other centers in the region of the
center of excellence.
``(6) Workforce training.--
``(A) In general.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy
service providers to implement the recommendations of
industrial research and assessment centers.
``(B) Federal share.--The Federal share of the cost of
carrying out internship programs described in subparagraph
(A) shall be 50 percent.
``(C) Funding.--Subject to the availability of
appropriations, of the funds made available under subsection
(f), the Secretary shall use to carry out this paragraph not
less than $5,000,000 for fiscal year 2012 and each fiscal
year thereafter.
``(7) Small business loans.--The Administrator of the Small
Business Administration shall, to the maximum practicable,
expedite consideration of applications from eligible small
business concerns for loans under the Small Business Act (15
U.S.C. 631 et seq.) to implement recommendations of
industrial research and assessment centers established under
paragraph (1).''.
SEC. 245. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6341) is amended by adding at
the end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Industrial Technologies
Program of the Department of Energy, the Secretary shall
carry out a sustainable manufacturing initiative under which
the Secretary, on the request of a manufacturer, shall
conduct onsite technical assessments to identify
opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--The Secretary shall carry out the
initiative in coordination with the private sector and
appropriate agencies, including the National Institute of
Standards and Technology to accelerate adoption of new and
existing technologies or processes that improve energy
efficiency.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the Industrial Technologies Program of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and
demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy
efficiency of industrial systems, reduce pollution, and
conserve natural resources.
``(d) Authorization of Appropriations.--There is authorized
to be to carry out this section $10,000,000 for the period of
fiscal years 2012 through 2021.''.
(b) Table of Contents.--The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by adding at the end of the items relating to part E of title
III the following:
``Sec. 376. Sustainable manufacturing initiative.''.
[[Page S6356]]
SEC. 246. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING
CAPABILITIES IN THE UNITED STATES.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study of the development of
advanced manufacturing capabilities for various energy
technologies, including--
(1) an assessment of the manufacturing supply chains of
established and emerging industries;
(2) an analysis of--
(A) the manner in which supply chains have changed over the
25-year period ending on the date of enactment of this Act;
(B) current trends in supply chains; and
(C) the energy intensity of each part of the supply chain
and opportunities for improvement;
(3) for each technology or manufacturing sector, an
analysis of which sections of the supply chain are critical
for the United States to retain or develop to be competitive
in the manufacturing of the technology;
(4) an assessment of which emerging energy technologies the
United States should focus on to create or enhance
manufacturing capabilities; and
(5) recommendations on leveraging the expertise of energy
efficiency and renewable energy user facilities so that best
materials and manufacturing practices are designed and
implemented.
(b) Report.--Not later than 2 years after the date on which
the Secretary enters into the agreement with the Academy
described in subsection (a), the Academy shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Secretary a report describing the
results of the study required under this section, including
any findings and recommendations.
SEC. 247. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.
The Secretary shall establish an advisory steering
committee that includes national trade associations
representing energy-intensive industries or energy service
providers to provide recommendations to the Secretary on
planning and implementation of the Industrial Technologies
Program of the Department of Energy.
PART II--SUPPLY STAR
SEC. 251. SUPPLY STAR.
Part B of title III of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended by inserting after section
324A (42 U.S.C. 6294a) the following:
``SEC. 324B. SUPPLY STAR PROGRAM.
``(a) In General.--There is established within the
Department of Energy a Supply Star program to identify and
promote practices, recognize companies, and, as appropriate,
recognize products that use highly efficient supply chains in
a manner that conserves energy, water, and other resources.
``(b) Coordination.--In carrying out the program described
in subsection (a), the Secretary shall--
``(1) consult with other appropriate agencies; and
``(2) coordinate efforts with the Energy Star program
established under section 324A.
``(c) Duties.--In carrying out the Supply Star program
described in subsection (a), the Secretary shall--
``(1) promote practices, recognize companies, and, as
appropriate, recognize products that comply with the Supply
Star program as the preferred practices, companies, and
products in the marketplace for maximizing supply chain
efficiency;
``(2) work to enhance industry and public awareness of the
Supply Star program;
``(3) collect and disseminate data on supply chain energy
resource consumption;
``(4) develop and disseminate metrics, processes, and
analytical tools (including software) for evaluating supply
chain energy resource use;
``(5) develop guidance at the sector level for improving
supply chain efficiency;
``(6) work with domestic and international organizations to
harmonize approaches to analyzing supply chain efficiency,
including the development of a consistent set of tools,
templates, calculators, and databases; and
``(7) work with industry, including small businesses, to
improve supply chain efficiency through activities that
include--
``(A) developing and sharing best practices; and
``(B) providing opportunities to benchmark supply chain
efficiency.
``(d) Evaluation.--In any evaluation of supply chain
efficiency carried out by the Secretary with respect to a
specific product, the Secretary shall consider energy
consumption and resource use throughout the entire lifecycle
of a product, including production, transport, packaging,
use, and disposal.
``(e) Grants and Incentives.--
``(1) In general.--The Secretary may award grants or other
forms of incentives on a competitive basis to eligible
entities, as determined by the Secretary, for the purposes
of--
``(A) studying supply chain energy resource efficiency; and
``(B) demonstrating and achieving reductions in the energy
resource consumption of commercial products through changes
and improvements to the production supply and distribution
chain of the products.
``(2) Use of information.--Any information or data
generated as a result of the grants or incentives described
in paragraph (1) shall be used to inform the development of
the Supply Star Program.
``(f) Training.--The Secretary shall use funds to support
professional training programs to develop and communicate
methods, practices, and tools for improving supply chain
efficiency.
``(g) Effect of Impact on Climate Change.--For purposes of
this section, the impact on climate change shall not be a
factor in determining supply chain efficiency.
``(h) Effect of Outsourcing of American Jobs.--For purposes
of this section, the outsourcing of American jobs in the
production of a product shall not count as a positive factor
in determining supply chain efficiency.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for the period of fiscal years 2012 through
2021.''.
PART III--ELECTRIC MOTOR REBATE PROGRAM
SEC. 261. ENERGY SAVING MOTOR CONTROL REBATE PROGRAM.
(a) Establishment.--Not later than January 1, 2012, the
Secretary of Energy (referred to in this section as the
``Secretary'') shall establish a program to provide rebates
for expenditures made by entities for the purchase and
installation of a new constant speed electric motor control
that reduces motor energy use by not less than 5 percent.
(b) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including--
(A) demonstrated evidence that the entity purchased a
constant speed electric motor control that reduces motor
energy use by not less than 5 percent; and
(B) the physical nameplate of the installed motor of the
entity to which the energy saving motor control is attached.
(2) Authorized amount of rebate.--The Secretary may provide
to an entity that meets the requirements of paragraph (1) a
rebate the amount of which shall be equal to the product
obtained by multiplying--
(A) the nameplate horsepower of the electric motor to which
the energy saving motor control is attached; and
(B) $25.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2012 and 2013, to remain available until
expended.
PART IV--TRANSFORMER REBATE PROGRAM
SEC. 271. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definition of Qualified Transformer.--In this section,
the term ``qualified transformer'' means a transformer that
meets or exceeds the National Electrical Manufacturers
Association (NEMA) Premium Efficiency designation, calculated
to 2 decimal points, as having 30 percent fewer losses than
the NEMA TP-1-2002 efficiency standard for a transformer of
the same number of phases and capacity, as measured in
kilovolt-amperes.
(b) Establishment.--Not later than January 1, 2012, the
Secretary of Energy (referred to in this section as the
``Secretary'') shall establish a program to provide rebates
for expenditures made by owners of commercial buildings and
multifamily residential buildings for the purchase and
installation of a new energy efficient transformers.
(c) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, an owner shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence that the owner purchased a qualified
transformer.
(2) Authorized amount of rebate.--For qualified
transformers, rebates, in dollars per kilovolt-ampere
(referred to in this paragraph as ``kVA'') shall be--
(A) for 3-phase transformers--
(i) with a capacity of not greater than 10 kVA, $15;
(ii) with a capacity of not less than 10 kVA and not
greater than 100 kVA, the difference between 15 and the
quotient obtained by dividing--
(I) the difference between--
(aa) the capacity of the transformer in kVA; and
(bb) 10; by
(II) 9; and
(iii) with a capacity greater than or equal to 100 kVA, $5;
and
(B) for single-phase transformers, 75 percent of the rebate
for a 3-phase transformer of the same capacity.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2012 and 2013, to remain available until
expended.
Subtitle D--Federal Agency Energy Efficiency
SEC. 281. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS
TECHNIQUES BY FEDERAL AGENCIES.
(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Veterans Affairs, and the Administrator of General Services,
shall issue guidance for
[[Page S6357]]
Federal agencies to employ advanced tools allowing energy
savings through the use of computer hardware, energy
efficiency software, and power management tools.
(b) Reports on Plans and Savings.--Not later than 180 days
after the date of the issuance of the guidance under
subsection (a), each Federal agency shall submit to the
Secretary of Energy a report that describes--
(1) the plan of the agency for implementing the guidance
within the agency; and
(2) estimated energy and financial savings from employing
the tools described in subsection (a).
SEC. 282. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.
Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been
substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds
to update the project design to meet applicable Federal
building energy efficiency standards established under
section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section
3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life-cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.
SEC. 283. BEST PRACTICES FOR ADVANCED METERING.
Section 543(e) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(e) is amended by striking paragraph (3)
and inserting the following:
``(3) Plan.--
``(A) In general.--Not later than 180 days after the date
on which guidelines are established under paragraph (2), in a
report submitted by the agency under section 548(a), each
agency shall submit to the Secretary a plan describing the
manner in which the agency will implement the requirements of
paragraph (1), including--
``(i) how the agency will designate personnel primarily
responsible for achieving the requirements; and
``(ii) a demonstration by the agency, complete with
documentation, of any finding that advanced meters or
advanced metering devices (as those terms are used in
paragraph (1)), are not practicable.
``(B) Updates.--Reports submitted under subparagraph (A)
shall be updated annually.
``(4) Best practices report.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Energy Savings and Industrial
Competitiveness Act of 2012, the Secretary of Energy, in
consultation with the Secretary of Defense and the
Administrator of General Services, shall develop, and issue a
report on, best practices for the use of advanced metering of
energy use in Federal facilities, buildings, and equipment by
Federal agencies.
``(B) Updating.--The report described under subparagraph
(A) shall be updated annually.
``(C) Components.--The report shall include, at a minimum--
``(i) summaries and analysis of the reports by agencies
under paragraph (3);
``(ii) recommendations on standard requirements or
guidelines for automated energy management systems,
including--
``(I) potential common communications standards to allow
data sharing and reporting;
``(II) means of facilitating continuous commissioning of
buildings and evidence-based maintenance of buildings and
building systems; and
``(III) standards for sufficient levels of security and
protection against cyber threats to ensure systems cannot be
controlled by unauthorized persons; and
``(iii) an analysis of--
``(I) the types of advanced metering and monitoring systems
being piloted, tested, or installed in Federal buildings; and
``(II) existing techniques used within the private sector
or other non-Federal government buildings.''.
SEC. 284. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION
STANDARD.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (as added by
section 434(a) of Public Law 110-140 (121 Stat. 1614)) as
subsection (g); and
(2) in subsection (f)(7), by striking subparagraph (A) and
inserting the following:
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B)--
``(i) to certify compliance with the requirements for--
``(I) energy and water evaluations under paragraph (3);
``(II) implementation of identified energy and water
measures under paragraph (4); and
``(III) follow-up on implemented measures under paragraph
(5); and
``(ii) to publish energy and water consumption data on an
individual facility basis.''.
SEC. 285. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.
Section 804(4) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) a measure to support the use of electric vehicles or
the fueling or charging infrastructure necessary for electric
vehicles.''.
SEC. 286. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) in subsections (a) and (b)(2), by striking ``electric
energy'' each place it appears and inserting ``electric,
direct, and thermal energy'';
(2) in subsection (b)(2)--
(A) by inserting ``, or avoided by,'' after ``generated
from''; and
(B) by inserting ``(including ground-source, reclaimed, and
ground water)''after ``geothermal'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Separate Calculation.--Renewable energy produced at a
Federal facility, on Federal land, or on Indian land (as
defined in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501))--
``(1) shall be calculated (on a BTU-equivalent basis)
separately from renewable energy used; and
``(2) may be used individually or in combination to comply
with subsection (a).''.
SEC. 287. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.
(a) In General.--The Secretary of Energy shall conduct a
study on the feasibility of a government-wide data center
consolidation, with an overall Federal target of a minimum of
800 Federal data center closures by October 1, 2015.
(b) Coordination.--In conducting the study, the Secretary
shall coordinate with Federal data center program managers,
facilities managers, and sustainability officers.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the results of the study, including a
description of agency best practices in data center
consolidation.
Subtitle E--Miscellaneous
SEC. 291. OFFSETS.
(a) Zero-Net Energy Commercial Buildings Initiative.--
Section 422(f) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17082(f)) is amended by striking paragraphs
(2) through (4) and inserting the following:
``(2) $50,000,000 for each of fiscal years 2009 through
2012;
``(3) $100,000,000 for fiscal year 2013; and
``(4) $200,000,000 for each of fiscal years 2014 through
2018.''.
(b) Energy Sustainability and Efficiency Grants and Loans
for Institutions.--Subsection (j) of section 399A of the
Energy Policy and Conservation Act (42 U.S.C. 6371h-1) (as
redesignated by section 241(2)) is amended--
(1) in paragraph (1), by striking ``through 2013'' and
inserting ``and 2010, $100,000,000 for each of fiscal years
2011 and 2012, and $250,000,000 for fiscal year 2013''; and
(2) in paragraph (2), by striking ``through 2013'' and
inserting ``and 2010, $100,000,000 for each of fiscal years
2011 and 2012, and $425,000,000 for fiscal year 2013''.
(c) Waste Energy Recovery Incentive Program.--Section
373(f)(1) of the Energy Policy and Conservation Act (42
U.S.C. 6343(f)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by striking subparagraph (A) and inserting the
following:
``(A) $100,000,000 for fiscal year 2008;
``(B) $200,000,000 for each of fiscal years 2009 and 2010;
``(C) $100,000,000 for each of fiscal years 2011 and 2012;
and''.
(d) Energy-intensive Industries Program.--Section 452(f)(1)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(f)(1)) is amended--
(1) in subparagraph (D), by striking ``$202,000,000'' and
inserting ``$102,000,000''; and
(2) in subparagraph (E), by striking ``$208,000,000'' and
inserting ``$108,000,000''.
SEC. 292. ADVANCE APPROPRIATIONS REQUIRED.
The authorization of amounts under this title and the
amendments made by this title shall be effective for any
fiscal year only to the extent and in the amount provided in
advance in appropriations Acts.
______
SA 2828. Mr. HOEVEN (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of the amendment, add the following:
[[Page S6358]]
SEC. 19. KEYSTONE XL PERMIT APPROVAL.
(a) In General.--Notwithstanding Executive Order No. 13337
(3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301
note), section 301 of title 3, United States Code, and any
other Executive order or provision of law, no presidential
permit shall be required for the pipeline described in the
application filed on May 4, 2012, by TransCanada Corporation
to the Department of State for the northern portion of the
Keystone XL pipeline from the Canadian border to the South
Dakota/Nebraska border.
(b) Environmental Impact Statement.--The final
environmental impact statement issued by the Secretary of
State on August 26, 2011, regarding the pipeline referred to
in subsection (a), shall be considered to satisfy all
requirements of the National Environment Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Intrastate Portion.--Nothing in this section affects
the ongoing work of the State of Nebraska with regard to the
fully intrastate portion of the Keystone XL pipeline.
______
SA 2829. Ms. KLOBUCHAR (for herself and Mr. Enzi) submitted an
amendment intended to be proposed by her to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. GRANTS FOR EMERGENCY MEDICAL SERVICES PERSONNEL
TRAINING FOR VETERANS.
Section 330J(c)(8) of the Public Health Service Act (42
U.S.C. 254c-15(c)(8)) is amended by inserting before the
period the following: ``, including, as provided by the
Secretary, may use funds to provide to military veterans
required coursework and training that take into account, and
are not duplicative of, previous medical coursework and
training received when such veterans were active members of
the Armed Forces, to enable such veterans to satisfy
emergency medical services personnel certification
requirements, as determined by the appropriate State
regulatory entity''.
______
SA 2830. Mr. COCHRAN submitted an amendment intended to be proposed
to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
On page 9, strike lines 24 and 25 and insert the following:
(1) In general.--There is authorized to be appropriated to
the Secretary of Veterans
______
SA 2831. Mr. COCHRAN submitted an amendment intended to be proposed
by him to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
On page 9, strike lines 4 and 5 and insert the following:
(1) In general.--There is authorized to be appropriated to
the Secretary of Veterans
______
SA 2832. Mr. HOEVEN (for himself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 2789 proposed by Mrs.
Murray to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of the amendment, add the following:
SEC. 19. KEYSTONE XL PERMIT APPROVAL.
(a) In General.--Notwithstanding Executive Order No. 13337
(3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301
note), section 301 of title 3, United States Code, and any
other Executive order or provision of law, no presidential
permit shall be required for the pipeline described in the
application filed on May 4, 2012, by TransCanada Corporation
to the Department of State for the northern portion of the
Keystone XL pipeline from the Canadian border to the South
Dakota/Nebraska border.
(b) Environmental Impact Statement.--The final
environmental impact statement issued by the Secretary of
State on August 26, 2011, regarding the pipeline referred to
in subsection (a), shall be considered to satisfy all
requirements of the National Environment Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Intrastate Portion.--Nothing in this section affects
the ongoing work of the State of Nebraska with regard to the
fully intrastate portion of the Keystone XL pipeline.
______
SA 2833. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF
VETERANS BUSINESS DEVELOPMENT.
(a) In General.--Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by striking subsection (f) and
inserting the following:
``(f) Online Coordination.--
``(1) Definition.--In this subsection, the term `veterans'
assistance provider' means--
``(A) a veterans' business center established under
subsection (g);
``(B) an employee of the Administration assigned to the
Office of Veterans Business Development; and
``(C) a veterans business ownership representative
designated under subsection (g)(13)(B).
``(2) Establishment.--The Associate Administrator shall
establish an online mechanism to--
``(A) provide information that assists veterans' assistance
providers in carrying out the activities of the veterans'
assistance providers; and
``(B) coordinate and leverage the work of the veterans'
assistance providers, including by allowing a veterans'
assistance provider to--
``(i) distribute best practices and other materials;
``(ii) communicate with other veterans' assistance
providers regarding the activities of the veterans'
assistance provider on behalf of veterans; and
``(iii) pose questions to and request input from other
veterans' assistance providers.
``(g) Veterans' Business Center Program.--
``(1) Definitions.--In this subsection--
``(A) the term `active duty' has the meaning given that
term in section 101 of title 10, United States Code;
``(B) the term `private nonprofit organization' means an
entity that is described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code;
``(C) the term `Reservist' means a member of a reserve
component of the Armed Forces, as described in section 10101
of title 10, United States Code;
``(D) the term `Service Corps of Retired Executives' means
the Service Corps of Retired Executives authorized under
section 8(b)(1);
``(E) the term `small business concern owned and controlled
by veterans'--
``(i) has the same meaning as in section 3(q); and
``(ii) includes a small business concern--
``(I) not less than 51 percent of which is owned by one or
more spouses of veterans or, in the case of any publicly
owned business, not less than 51 percent of the stock of
which is owned by one or more spouses of veterans; and
``(II) the management and daily business operations of
which are controlled by one or more spouses of veterans;
``(F) the term `spouse', relating to a veteran, service-
disabled veteran, or Reservist, includes an individual who is
the spouse of a veteran, service-disabled veteran, or
Reservist on the date on which the veteran, service-disabled
veteran, or Reservist died;
``(G) the term `veterans' business center program' means
the program established under paragraph (2)(A); and
``(H) the term `women's business center' means a women's
business center described in section 29.
``(2) Program established.--
``(A) In general.--The Administrator, acting through the
Associate Administrator, shall establish a veterans' business
center program, under which the Associate Administrator may
provide financial assistance to a private nonprofit
organization to conduct a 5-year project for the benefit of
small business concerns owned and controlled by veterans,
which may be renewed for one or more additional 5-year
periods.
``(B) Form of financial assistance.--Financial assistance
under this subsection may be in the form of a grant, a
contract, or a cooperative agreement.
``(3) Veterans' business centers.--Each private nonprofit
organization that receives financial assistance under this
subsection shall establish or operate a veterans' business
center (which may include establishing or operating satellite
offices in the region described in paragraph (5) served by
that private nonprofit organization) that provides to
veterans (including service-disabled veterans), Reservists,
and the spouses of veterans (including service-disabled
veterans) and Reservists--
``(A) financial advice, including training and counseling
on applying for and securing business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a small
business concern;
``(B) management advice, including training and counseling
on the planning, organization, staffing, direction, and
control of each major activity and function of a small
business concern;
``(C) marketing advice, including training and counseling
on identifying and segmenting domestic and international
market opportunities, preparing and executing marketing
plans, developing pricing strategies, locating contract
opportunities, negotiating contracts, and using public
relations and advertising techniques; and
``(D) advice, including training and counseling, for
Reservists and the spouses of Reservists.
``(4) Application.--
[[Page S6359]]
``(A) In general.--A private nonprofit organization
desiring to receive financial assistance under this
subsection shall submit an application to the Associate
Administrator at such time and in such manner as the
Associate Administrator may require.
``(B) 5-year plan.--Each application described in
subparagraph (A) shall include a 5-year plan on proposed
fundraising and training activities relating to the veterans'
business center.
``(C) Determination and notification.--Not later than 60
days after the date on which a private nonprofit organization
submits an application under subparagraph (A), the Associate
Administrator shall approve or deny the application and
notify the applicant of the determination.
``(D) Availability of application.--The Associate
Administrator shall make every effort to make the application
under subparagraph (A) available online.
``(5) Eligibility.--The Associate Administrator may select
to receive financial assistance under this subsection--
``(A) a Veterans Business Outreach Center established by
the Administrator under section 8(b)(17) on or before the day
before the date of enactment of this subsection; or
``(B) private nonprofit organizations located in various
regions of the United States, as the Associate Administrator
determines is appropriate.
``(6) Selection criteria.--
``(A) In general.--The Associate Administrator shall
establish selection criteria, stated in terms of relative
importance, to evaluate and rank applicants under paragraph
(5)(C) for financial assistance under this subsection.
``(B) Criteria.--The selection criteria established under
this paragraph shall include--
``(i) the experience of the applicant in conducting
programs or ongoing efforts designed to impart or upgrade the
business skills of veterans, and the spouses of veterans, who
own or may own small business concerns;
``(ii) for an applicant for initial financial assistance
under this subsection--
``(I) the ability of the applicant to begin operating a
veterans' business center within a minimum amount of time;
and
``(II) the geographic region to be served by the veterans'
business center;
``(iii) the demonstrated ability of the applicant to--
``(I) provide managerial counseling and technical
assistance to entrepreneurs; and
``(II) coordinate services provided by veterans services
organizations and other public or private entities; and
``(iv) for any applicant for a renewal of financial
assistance under this subsection, the results of the most
recent examination under paragraph (10) of the veterans'
business center operated by the applicant.
``(C) Criteria publicly available.--The Associate
Administrator shall--
``(i) make publicly available the selection criteria
established under this paragraph; and
``(ii) include the criteria in each solicitation for
applications for financial assistance under this subsection.
``(7) Amount of assistance.--The amount of financial
assistance provided under this subsection to a private
nonprofit organization for each fiscal year shall be--
``(A) not less than $150,000; and
``(B) not more than $200,000.
``(8) Federal share.--
``(A) In general.--
``(i) Initial financial assistance.--Except as provided in
clause (ii) and subparagraph (E), a private nonprofit
organization that receives financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to--
``(I) in each of the first and second years of the project,
not less than 33 percent of the amount of the financial
assistance received under this subsection; and
``(II) in each of the third through fifth years of the
project, not less than 50 percent of the amount of the
financial assistance received under this subsection.
``(ii) Renewals.--A private nonprofit organization that
receives a renewal of financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to not less
than 50 percent of the amount of the financial assistance
received under this subsection.
``(B) Form of non-federal share.--Not more than 50 percent
of the non-Federal share for a project carried out using
financial assistance under this subsection may be in the form
of in-kind contributions.
``(C) Timing of disbursement.--The Associate Administrator
may disburse not more than 25 percent of the financial
assistance awarded to a private nonprofit organization before
the private nonprofit organization obtains the non-Federal
share required under this paragraph with respect to that
award.
``(D) Failure to obtain non-federal funding.--
``(i) In general.--If a private nonprofit organization that
receives financial assistance under this subsection fails to
obtain the non-Federal share required under this paragraph
during any fiscal year, the private nonprofit organization
may not receive a disbursement under this subsection in a
subsequent fiscal year or a disbursement for any other
project funded by the Administration, unless the
Administrator makes a written determination that the private
nonprofit organization will be able to obtain a non-Federal
contribution.
``(ii) Restoration.--A private nonprofit organization
prohibited from receiving a disbursement under clause (i) in
a fiscal year may receive financial assistance in a
subsequent fiscal year if the organization obtains the non-
Federal share required under this paragraph for the
subsequent fiscal year.
``(E) Waiver of non-federal share.--
``(i) In general.--Upon request by a private nonprofit
organization, and in accordance with this subparagraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under subparagraph (A) for a
fiscal year. The Administrator may not waive the requirement
for a private nonprofit organization to obtain non-Federal
funds under this subparagraph for more than a total of 2
fiscal years.
``(ii) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this
subparagraph, the Administrator shall consider--
``(I) the economic conditions affecting the private
nonprofit organization;
``(II) the impact a waiver under this subparagraph would
have on the credibility of the veterans' business center
program;
``(III) the demonstrated ability of the private nonprofit
organization to raise non-Federal funds; and
``(IV) the performance of the private nonprofit
organization.
``(iii) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
subparagraph if granting the waiver would undermine the
credibility of the veterans' business center program.
``(9) Contract authority.--A veterans' business center may
enter into a contract with a Federal department or agency to
provide specific assistance to veterans, service-disabled
veterans, Reservists, or the spouses of veterans, service-
disabled veterans, or Reservists. Performance of such
contract shall not hinder the veterans' business center in
carrying out the terms of the grant received by the veterans'
business centers from the Administrator.
``(10) Examination and determination of viability.--
``(A) Examination.--
``(i) In general.--The Associate Administrator shall
conduct an annual examination of the programs and finances of
each veterans' business center established or operated using
financial assistance under this subsection.
``(ii) Factors.--In conducting the examination under clause
(i), the Associate Administrator shall consider whether the
veterans' business center has failed--
``(I) to provide the information required to be provided
under subparagraph (B), or the information provided by the
center is inadequate;
``(II) the center has failed to comply with a requirement
for participation in the veterans' business center program,
as determined by the Assistant Administrator, including--
``(aa) failure to acquire or properly document a non-
Federal share;
``(bb) failure to establish an appropriate partnership or
program for marketing and outreach to small business
concerns;
``(cc) failure to achieve results described in a financial
assistance agreement; and
``(dd) failure to provide to the Administrator a
description of the amount and sources of any non-Federal
funding received by the center;
``(III) to carry out the 5-year plan under in paragraph
(4)(B); or
``(IV) to meet the eligibility requirements under paragraph
(5).
``(B) Information provided.--In the course of an
examination under subparagraph (A), the veterans' business
center shall provide to the Associate Administrator--
``(i) an itemized cost breakdown of actual expenditures for
costs incurred during the most recent full fiscal year;
``(ii) documentation of the amount of non-Federal
contributions obtained and expended by the veterans' business
center during the most recent full fiscal year; and
``(iii) with respect to any in-kind contribution under
paragraph (8)(B), verification of the existence and valuation
of such contributions.
``(C) Determination of viability.--The Associate
Administrator shall analyze the results of each examination
under this paragraph and, based on that analysis, make a
determination regarding the viability of the programs and
finances of each veterans' business center.
``(D) Discontinuation of funding.--
``(i) In general.--The Associate Administrator may
discontinue an award of financial assistance to a private
nonprofit organization at any time if the Associate
Administrator determines under subparagraph (C) that the
veterans' business center operated by that organization is
not viable.
``(ii) Restoration.--The Associate Administrator may
continue to provide financial assistance to a private
nonprofit organization in a subsequent fiscal year if the
Associate Administrator determines under subparagraph (C)
that the veterans' business center is viable.
``(11) Privacy requirements.--
``(A) In general.--Except as provided in subparagraph (B),
a veterans' business center established or operated using
financial assistance provided under this subsection may not
disclose the name, address, or telephone number of any
individual or small business
[[Page S6360]]
concern that receives advice from the veterans' business
center without the consent of the individual or small
business concern.
``(B) Exception.--A veterans' business center may disclose
information described in subparagraph (A)--
``(i) if the Administrator or Associate Administrator is
ordered to make such a disclosure by a court in any civil or
criminal enforcement action initiated by a Federal or State
agency; or
``(ii) to the extent that the Administrator or Associate
Administrator determines that such a disclosure is necessary
to conduct a financial audit of a veterans' business center.
``(C) Administration use of information.--This paragraph
does not--
``(i) restrict access by the Administrator to program
activity data; or
``(ii) prevent the Administrator from using information not
described in subparagraph (A) to conduct surveys of
individuals or small business concerns that receive advice
from a veterans' business center.
``(D) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
under subparagraph (B)(ii).
``(12) Report.--
``(A) In general.--Not later than 60 days after the end of
each fiscal year, the Associate Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on the effectiveness of the
veterans' business center program in each region during the
most recent full fiscal year.
``(B) Contents.--Each report under this paragraph shall
include, at a minimum, for each veterans' business center
established or operated using financial assistance provided
under this subsection--
``(i) the number of individuals receiving assistance from
the veterans' business center, including the number of such
individuals who are--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(ii) the number of startup small business concerns formed
by individuals receiving assistance from the veterans'
business center, including--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(iii) the gross receipts of small business concerns that
receive advice from the veterans' business center;
``(iv) the employment increases or decreases of small
business concerns that receive advice from the veterans'
business center;
``(v) to the maximum extent practicable, the increases or
decreases in profits of small business concerns that receive
advice from the veterans' business center; and
``(vi) the results of the examination of the veterans'
business center under paragraph (10).
``(13) Coordination of efforts and consultation.--
``(A) Coordination and consultation.--To the extent
practicable, the Associate Administrator and each private
nonprofit organization that receives financial assistance
under this subsection shall--
``(i) coordinate outreach and other activities with other
programs of the Administration and the programs of other
Federal agencies;
``(ii) consult with technical representatives of the
district offices of the Administration in carrying out
activities using financial assistance under this subsection;
and
``(iii) provide information to the veterans business
ownership representatives designated under subparagraph (B)
and coordinate with the veterans business ownership
representatives to increase the ability of the veterans
business ownership representatives to provide services
throughout the area served by the veterans business ownership
representatives.
``(B) Veterans business ownership representatives.--
``(i) Designation.--The Administrator shall designate not
fewer than 1 individual in each district office of the
Administration as a veterans business ownership
representative, who shall communicate and coordinate
activities of the district office with private nonprofit
organizations that receive financial assistance under this
subsection.
``(ii) Initial designation.--The first individual in each
district office of the Administration designated by the
Administrator as a veterans business ownership representative
under clause (i) shall be an individual that is employed by
the Administration on the date of enactment of this
subsection.
``(14) Existing contracts.--An award of financial
assistance under this subsection shall not void any contract
between a private nonprofit organization and the
Administration that is in effect on the date of such award.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to carry out subsections (a) through (f), $2,000,000
for each of fiscal years 2013 through 2015; and
``(2) to carry out subsection (g)--
``(A) $8,000,000 for fiscal year 2013;
``(B) $8,500,000 for fiscal year 2014; and
``(C) $9,000,000 for fiscal year 2015.''.
(b) GAO Reports.--
(1) Definitions.--In this subsection--
(A) the terms ``small business concern'' and ``veteran''
have the meanings given those terms under section 3 of the
Small Business Act (15 U.S.C. 632); and
(B) the terms ``Reservist'', ``small business concern owned
and controlled by veterans'', and ``veterans' business center
program'' have the meanings given those terms in section
32(g) of the Small Business Act, as added by this section.
(2) Report on access to credit.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report regarding the ability of small
business concern owned and controlled by veterans to access
credit to--
(i) the Committee on Veterans' Affairs and the Committee on
Small Business and Entrepreneurship of the Senate; and
(ii) the Committee on Veterans' Affairs and the Committee
on Small Business of the House of Representatives.
(B) Contents.--The report submitted under subparagraph (A)
shall include an analysis of--
(i) the sources of credit used by small business concerns
owned and controlled by veterans and percentage of the credit
obtained by small business concern owned and controlled by
veterans that is obtained from each source;
(ii) the default rate for small business concerns owned and
controlled by veterans separately for each source of credit
described in clause (i), as compared to the default rate for
the source of credit for small business concerns generally;
(iii) the Federal lending programs available to provide
credit to small business concerns owned and controlled by
veterans;
(iv) gaps, if any, in the availability of credit for small
business concerns owned and controlled by veterans that are
not being filled by the Federal Government or private
sources;
(v) obstacles faced by veterans in trying to access credit;
(vi) the extent to which deployment and other military
responsibilities affect the credit history of veterans and
Reservists; and
(vii) the extent to which veterans are aware of Federal
programs targeted towards helping veterans access credit.
(3) Report on veterans' business center program.--
(A) In general.--Not later than 60 days after the end of
the second fiscal year beginning after the date on which the
veterans' business center program is established, the
Comptroller General of the United States shall evaluate the
effectiveness of the veterans' business center program, and
submit to Congress a report on the results of that
evaluation.
(B) Contents.--The report submitted under subparagraph (A)
shall include--
(i) an assessment of--
(I) the use of amounts made available to carry out the
veterans' business center program;
(II) the effectiveness of the services provided by each
private nonprofit organization receiving financial assistance
under the veterans' business center program;
(III) whether the services described in clause (ii) are
duplicative of services provided by other veteran service
organizations, programs of the Small Business Administration,
or programs of another Federal department or agency and, if
so, recommendations regarding how to alleviate the
duplication of the services; and
(IV) whether there are areas of the United States in which
there are not adequate entrepreneurial services for small
business concerns owned and controlled by veterans and, if
so, whether there is a veterans' business center established
under the veterans' business center program providing
services to that area; and
(ii) recommendations, if any, for improving the veterans'
business center program.
(c) Reporting Requirement for Interagency Task Force.--
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c))
is amended by adding at the end the following:
``(4) Report.--Not less frequently than twice each year,
the Administrator shall submit to Congress a report on the
appointments made to and activities of the task force.''.
SEC. __. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2016'' and inserting
``June 30, 2017''.
______
SA 2834. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. VETERANS TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the General Services Administration;
(2) the term ``Executive department'' has the same meaning
as in section 101 of title 5, United States Code;
[[Page S6361]]
(3) the term `` `qualified veteran'' means a veteran who
the Secretary determines is in need of access to a computer
to search and apply for employment;
(4) the term ``Secretary'' means the Secretary of Veterans
Affairs; and
(5) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(b) Pilot Program.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary, in coordination with
the Administrator, shall establish a pilot program to provide
to qualified veterans not less than 25 percent of the
Government-owned computers that would otherwise be disposed
of during each year at no cost or reduced cost.
(2) Purposes of program.--The pilot program established
under paragraph (1) shall be designed to--
(A) encourage and facilitate employment opportunities for
and the entrepreneurship of veterans;
(B) assist the Secretary of Labor in carrying out section 5
of this Act; and
(C) reduce the overall unemployment of veterans.
(3) Termination.--The authority to carry out the pilot
program under this subsection shall terminate 3 years after
the date on which the Secretary establishes the pilot
program.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in coordination
with the Administrator, shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
describing--
(A) the number of Government-owned computers in the 5
largest Executive departments during the 2-year period ending
on the date of enactment of this Act, including the number of
working computers, nonworking computers, desktop computers,
and laptop computers;
(B) the number of Government-owned computers disposed of by
the 5 largest Executive departments during the 2-year period
ending on the date of enactment of this Act, including the
number of such computers that were working computers,
nonworking computers, desktop computers, or laptop computers;
(C) the procedures of the 5 largest Executive departments
for the disposal of Government-owned computers; and
(D) the plans of the Secretary, in coordination with the
Administrator, for carrying out the pilot program under
subsection (b), including any plans to give priority to
veterans who are disabled.
(2) Determination of largest executive departments.--For
purposes of paragraph (1), the 5 largest Executive
departments shall be determined on the basis of the number of
employees of each Executive department and the total amount
appropriated to each Executive department for the fiscal year
preceding the date of enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section.
______
SA 2835. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF
VETERANS BUSINESS DEVELOPMENT.
(a) In General.--Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by striking subsection (f) and
inserting the following:
``(f) Online Coordination.--
``(1) Definition.--In this subsection, the term `veterans'
assistance provider' means--
``(A) a veterans' business center established under
subsection (g);
``(B) an employee of the Administration assigned to the
Office of Veterans Business Development; and
``(C) a veterans business ownership representative
designated under subsection (g)(13)(B).
``(2) Establishment.--The Associate Administrator shall
establish an online mechanism to--
``(A) provide information that assists veterans' assistance
providers in carrying out the activities of the veterans'
assistance providers; and
``(B) coordinate and leverage the work of the veterans'
assistance providers, including by allowing a veterans'
assistance provider to--
``(i) distribute best practices and other materials;
``(ii) communicate with other veterans' assistance
providers regarding the activities of the veterans'
assistance provider on behalf of veterans; and
``(iii) pose questions to and request input from other
veterans' assistance providers.
``(g) Veterans' Business Center Program.--
``(1) Definitions.--In this subsection--
``(A) the term `active duty' has the meaning given that
term in section 101 of title 10, United States Code;
``(B) the term `private nonprofit organization' means an
entity that is described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code;
``(C) the term `Reservist' means a member of a reserve
component of the Armed Forces, as described in section 10101
of title 10, United States Code;
``(D) the term `Service Corps of Retired Executives' means
the Service Corps of Retired Executives authorized under
section 8(b)(1);
``(E) the term `small business concern owned and controlled
by veterans'--
``(i) has the same meaning as in section 3(q); and
``(ii) includes a small business concern--
``(I) not less than 51 percent of which is owned by one or
more spouses of veterans or, in the case of any publicly
owned business, not less than 51 percent of the stock of
which is owned by one or more spouses of veterans; and
``(II) the management and daily business operations of
which are controlled by one or more spouses of veterans;
``(F) the term `spouse', relating to a veteran, service-
disabled veteran, or Reservist, includes an individual who is
the spouse of a veteran, service-disabled veteran, or
Reservist on the date on which the veteran, service-disabled
veteran, or Reservist died;
``(G) the term `veterans' business center program' means
the program established under paragraph (2)(A); and
``(H) the term `women's business center' means a women's
business center described in section 29.
``(2) Program established.--
``(A) In general.--The Administrator, acting through the
Associate Administrator, shall establish a veterans' business
center program, under which the Associate Administrator may
provide financial assistance to a private nonprofit
organization to conduct a 5-year project for the benefit of
small business concerns owned and controlled by veterans,
which may be renewed for one or more additional 5-year
periods.
``(B) Form of financial assistance.--Financial assistance
under this subsection may be in the form of a grant, a
contract, or a cooperative agreement.
``(3) Veterans' business centers.--Each private nonprofit
organization that receives financial assistance under this
subsection shall establish or operate a veterans' business
center (which may include establishing or operating satellite
offices in the region described in paragraph (5) served by
that private nonprofit organization) that provides to
veterans (including service-disabled veterans), Reservists,
and the spouses of veterans (including service-disabled
veterans) and Reservists--
``(A) financial advice, including training and counseling
on applying for and securing business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a small
business concern;
``(B) management advice, including training and counseling
on the planning, organization, staffing, direction, and
control of each major activity and function of a small
business concern;
``(C) marketing advice, including training and counseling
on identifying and segmenting domestic and international
market opportunities, preparing and executing marketing
plans, developing pricing strategies, locating contract
opportunities, negotiating contracts, and using public
relations and advertising techniques; and
``(D) advice, including training and counseling, for
Reservists and the spouses of Reservists.
``(4) Application.--
``(A) In general.--A private nonprofit organization
desiring to receive financial assistance under this
subsection shall submit an application to the Associate
Administrator at such time and in such manner as the
Associate Administrator may require.
``(B) 5-year plan.--Each application described in
subparagraph (A) shall include a 5-year plan on proposed
fundraising and training activities relating to the veterans'
business center.
``(C) Determination and notification.--Not later than 60
days after the date on which a private nonprofit organization
submits an application under subparagraph (A), the Associate
Administrator shall approve or deny the application and
notify the applicant of the determination.
``(D) Availability of application.--The Associate
Administrator shall make every effort to make the application
under subparagraph (A) available online.
``(5) Eligibility.--The Associate Administrator may select
to receive financial assistance under this subsection--
``(A) a Veterans Business Outreach Center established by
the Administrator under section 8(b)(17) on or before the day
before the date of enactment of this subsection; or
``(B) private nonprofit organizations located in various
regions of the United States, as the Associate Administrator
determines is appropriate.
``(6) Selection criteria.--
``(A) In general.--The Associate Administrator shall
establish selection criteria, stated in terms of relative
importance, to evaluate and rank applicants under paragraph
(5)(C) for financial assistance under this subsection.
``(B) Criteria.--The selection criteria established under
this paragraph shall include--
``(i) the experience of the applicant in conducting
programs or ongoing efforts designed
[[Page S6362]]
to impart or upgrade the business skills of veterans, and the
spouses of veterans, who own or may own small business
concerns;
``(ii) for an applicant for initial financial assistance
under this subsection--
``(I) the ability of the applicant to begin operating a
veterans' business center within a minimum amount of time;
and
``(II) the geographic region to be served by the veterans'
business center;
``(iii) the demonstrated ability of the applicant to--
``(I) provide managerial counseling and technical
assistance to entrepreneurs; and
``(II) coordinate services provided by veterans services
organizations and other public or private entities; and
``(iv) for any applicant for a renewal of financial
assistance under this subsection, the results of the most
recent examination under paragraph (10) of the veterans'
business center operated by the applicant.
``(C) Criteria publicly available.--The Associate
Administrator shall--
``(i) make publicly available the selection criteria
established under this paragraph; and
``(ii) include the criteria in each solicitation for
applications for financial assistance under this subsection.
``(7) Amount of assistance.--The amount of financial
assistance provided under this subsection to a private
nonprofit organization for each fiscal year shall be--
``(A) not less than $150,000; and
``(B) not more than $200,000.
``(8) Federal share.--
``(A) In general.--
``(i) Initial financial assistance.--Except as provided in
clause (ii) and subparagraph (E), a private nonprofit
organization that receives financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to--
``(I) in each of the first and second years of the project,
not less than 33 percent of the amount of the financial
assistance received under this subsection; and
``(II) in each of the third through fifth years of the
project, not less than 50 percent of the amount of the
financial assistance received under this subsection.
``(ii) Renewals.--A private nonprofit organization that
receives a renewal of financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to not less
than 50 percent of the amount of the financial assistance
received under this subsection.
``(B) Form of non-federal share.--Not more than 50 percent
of the non-Federal share for a project carried out using
financial assistance under this subsection may be in the form
of in-kind contributions.
``(C) Timing of disbursement.--The Associate Administrator
may disburse not more than 25 percent of the financial
assistance awarded to a private nonprofit organization before
the private nonprofit organization obtains the non-Federal
share required under this paragraph with respect to that
award.
``(D) Failure to obtain non-federal funding.--
``(i) In general.--If a private nonprofit organization that
receives financial assistance under this subsection fails to
obtain the non-Federal share required under this paragraph
during any fiscal year, the private nonprofit organization
may not receive a disbursement under this subsection in a
subsequent fiscal year or a disbursement for any other
project funded by the Administration, unless the
Administrator makes a written determination that the private
nonprofit organization will be able to obtain a non-Federal
contribution.
``(ii) Restoration.--A private nonprofit organization
prohibited from receiving a disbursement under clause (i) in
a fiscal year may receive financial assistance in a
subsequent fiscal year if the organization obtains the non-
Federal share required under this paragraph for the
subsequent fiscal year.
``(E) Waiver of non-federal share.--
``(i) In general.--Upon request by a private nonprofit
organization, and in accordance with this subparagraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under subparagraph (A) for a
fiscal year. The Administrator may not waive the requirement
for a private nonprofit organization to obtain non-Federal
funds under this subparagraph for more than a total of 2
fiscal years.
``(ii) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this
subparagraph, the Administrator shall consider--
``(I) the economic conditions affecting the private
nonprofit organization;
``(II) the impact a waiver under this subparagraph would
have on the credibility of the veterans' business center
program;
``(III) the demonstrated ability of the private nonprofit
organization to raise non-Federal funds; and
``(IV) the performance of the private nonprofit
organization.
``(iii) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
subparagraph if granting the waiver would undermine the
credibility of the veterans' business center program.
``(9) Contract authority.--A veterans' business center may
enter into a contract with a Federal department or agency to
provide specific assistance to veterans, service-disabled
veterans, Reservists, or the spouses of veterans, service-
disabled veterans, or Reservists. Performance of such
contract shall not hinder the veterans' business center in
carrying out the terms of the grant received by the veterans'
business centers from the Administrator.
``(10) Examination and determination of viability.--
``(A) Examination.--
``(i) In general.--The Associate Administrator shall
conduct an annual examination of the programs and finances of
each veterans' business center established or operated using
financial assistance under this subsection.
``(ii) Factors.--In conducting the examination under clause
(i), the Associate Administrator shall consider whether the
veterans' business center has failed--
``(I) to provide the information required to be provided
under subparagraph (B), or the information provided by the
center is inadequate;
``(II) the center has failed to comply with a requirement
for participation in the veterans' business center program,
as determined by the Assistant Administrator, including--
``(aa) failure to acquire or properly document a non-
Federal share;
``(bb) failure to establish an appropriate partnership or
program for marketing and outreach to small business
concerns;
``(cc) failure to achieve results described in a financial
assistance agreement; and
``(dd) failure to provide to the Administrator a
description of the amount and sources of any non-Federal
funding received by the center;
``(III) to carry out the 5-year plan under in paragraph
(4)(B); or
``(IV) to meet the eligibility requirements under paragraph
(5).
``(B) Information provided.--In the course of an
examination under subparagraph (A), the veterans' business
center shall provide to the Associate Administrator--
``(i) an itemized cost breakdown of actual expenditures for
costs incurred during the most recent full fiscal year;
``(ii) documentation of the amount of non-Federal
contributions obtained and expended by the veterans' business
center during the most recent full fiscal year; and
``(iii) with respect to any in-kind contribution under
paragraph (8)(B), verification of the existence and valuation
of such contributions.
``(C) Determination of viability.--The Associate
Administrator shall analyze the results of each examination
under this paragraph and, based on that analysis, make a
determination regarding the viability of the programs and
finances of each veterans' business center.
``(D) Discontinuation of funding.--
``(i) In general.--The Associate Administrator may
discontinue an award of financial assistance to a private
nonprofit organization at any time if the Associate
Administrator determines under subparagraph (C) that the
veterans' business center operated by that organization is
not viable.
``(ii) Restoration.--The Associate Administrator may
continue to provide financial assistance to a private
nonprofit organization in a subsequent fiscal year if the
Associate Administrator determines under subparagraph (C)
that the veterans' business center is viable.
``(11) Privacy requirements.--
``(A) In general.--Except as provided in subparagraph (B),
a veterans' business center established or operated using
financial assistance provided under this subsection may not
disclose the name, address, or telephone number of any
individual or small business concern that receives advice
from the veterans' business center without the consent of the
individual or small business concern.
``(B) Exception.--A veterans' business center may disclose
information described in subparagraph (A)--
``(i) if the Administrator or Associate Administrator is
ordered to make such a disclosure by a court in any civil or
criminal enforcement action initiated by a Federal or State
agency; or
``(ii) to the extent that the Administrator or Associate
Administrator determines that such a disclosure is necessary
to conduct a financial audit of a veterans' business center.
``(C) Administration use of information.--This paragraph
does not--
``(i) restrict access by the Administrator to program
activity data; or
``(ii) prevent the Administrator from using information not
described in subparagraph (A) to conduct surveys of
individuals or small business concerns that receive advice
from a veterans' business center.
``(D) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
under subparagraph (B)(ii).
``(12) Report.--
``(A) In general.--Not later than 60 days after the end of
each fiscal year, the Associate Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on the effectiveness of the
veterans' business center program in each region during the
most recent full fiscal year.
``(B) Contents.--Each report under this paragraph shall
include, at a minimum, for each veterans' business center
established or operated using financial assistance provided
under this subsection--
[[Page S6363]]
``(i) the number of individuals receiving assistance from
the veterans' business center, including the number of such
individuals who are--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(ii) the number of startup small business concerns formed
by individuals receiving assistance from the veterans'
business center, including--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(iii) the gross receipts of small business concerns that
receive advice from the veterans' business center;
``(iv) the employment increases or decreases of small
business concerns that receive advice from the veterans'
business center;
``(v) to the maximum extent practicable, the increases or
decreases in profits of small business concerns that receive
advice from the veterans' business center; and
``(vi) the results of the examination of the veterans'
business center under paragraph (10).
``(13) Coordination of efforts and consultation.--
``(A) Coordination and consultation.--To the extent
practicable, the Associate Administrator and each private
nonprofit organization that receives financial assistance
under this subsection shall--
``(i) coordinate outreach and other activities with other
programs of the Administration and the programs of other
Federal agencies;
``(ii) consult with technical representatives of the
district offices of the Administration in carrying out
activities using financial assistance under this subsection;
and
``(iii) provide information to the veterans business
ownership representatives designated under subparagraph (B)
and coordinate with the veterans business ownership
representatives to increase the ability of the veterans
business ownership representatives to provide services
throughout the area served by the veterans business ownership
representatives.
``(B) Veterans business ownership representatives.--
``(i) Designation.--The Administrator shall designate not
fewer than 1 individual in each district office of the
Administration as a veterans business ownership
representative, who shall communicate and coordinate
activities of the district office with private nonprofit
organizations that receive financial assistance under this
subsection.
``(ii) Initial designation.--The first individual in each
district office of the Administration designated by the
Administrator as a veterans business ownership representative
under clause (i) shall be an individual that is employed by
the Administration on the date of enactment of this
subsection.
``(14) Existing contracts.--An award of financial
assistance under this subsection shall not void any contract
between a private nonprofit organization and the
Administration that is in effect on the date of such award.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to carry out subsections (a) through (f), $2,000,000
for each of fiscal years 2013 through 2015; and
``(2) to carry out subsection (g)--
``(A) $8,000,000 for fiscal year 2013;
``(B) $8,500,000 for fiscal year 2014; and
``(C) $9,000,000 for fiscal year 2015.''.
(b) GAO Reports.--
(1) Definitions.--In this subsection--
(A) the terms ``small business concern'' and ``veteran''
have the meanings given those terms under section 3 of the
Small Business Act (15 U.S.C. 632); and
(B) the terms ``Reservist'', ``small business concern owned
and controlled by veterans'', and ``veterans' business center
program'' have the meanings given those terms in section
32(g) of the Small Business Act, as added by this section.
(2) Report on access to credit.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report regarding the ability of small
business concern owned and controlled by veterans to access
credit to--
(i) the Committee on Veterans' Affairs and the Committee on
Small Business and Entrepreneurship of the Senate; and
(ii) the Committee on Veterans' Affairs and the Committee
on Small Business of the House of Representatives.
(B) Contents.--The report submitted under subparagraph (A)
shall include an analysis of--
(i) the sources of credit used by small business concerns
owned and controlled by veterans and percentage of the credit
obtained by small business concern owned and controlled by
veterans that is obtained from each source;
(ii) the default rate for small business concerns owned and
controlled by veterans separately for each source of credit
described in clause (i), as compared to the default rate for
the source of credit for small business concerns generally;
(iii) the Federal lending programs available to provide
credit to small business concerns owned and controlled by
veterans;
(iv) gaps, if any, in the availability of credit for small
business concerns owned and controlled by veterans that are
not being filled by the Federal Government or private
sources;
(v) obstacles faced by veterans in trying to access credit;
(vi) the extent to which deployment and other military
responsibilities affect the credit history of veterans and
Reservists; and
(vii) the extent to which veterans are aware of Federal
programs targeted towards helping veterans access credit.
(3) Report on veterans' business center program.--
(A) In general.--Not later than 60 days after the end of
the second fiscal year beginning after the date on which the
veterans' business center program is established, the
Comptroller General of the United States shall evaluate the
effectiveness of the veterans' business center program, and
submit to Congress a report on the results of that
evaluation.
(B) Contents.--The report submitted under subparagraph (A)
shall include--
(i) an assessment of--
(I) the use of amounts made available to carry out the
veterans' business center program;
(II) the effectiveness of the services provided by each
private nonprofit organization receiving financial assistance
under the veterans' business center program;
(III) whether the services described in clause (ii) are
duplicative of services provided by other veteran service
organizations, programs of the Small Business Administration,
or programs of another Federal department or agency and, if
so, recommendations regarding how to alleviate the
duplication of the services; and
(IV) whether there are areas of the United States in which
there are not adequate entrepreneurial services for small
business concerns owned and controlled by veterans and, if
so, whether there is a veterans' business center established
under the veterans' business center program providing
services to that area; and
(ii) recommendations, if any, for improving the veterans'
business center program.
(c) Reporting Requirement for Interagency Task Force.--
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c))
is amended by adding at the end the following:
``(4) Report.--Not less frequently than twice each year,
the Administrator shall submit to Congress a report on the
appointments made to and activities of the task force.''.
______
SA 2836. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr.
Brown, of Massachusetts) submitted an amendment intended to be proposed
by him to the bill S. 3457, to require the Secretary of Veterans
Affairs to establish a veterans jobs corps, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE II--FIRE GRANTS REAUTHORIZATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fire Grants
Reauthorization Act of 2012''.
SEC. 202. AMENDMENTS TO DEFINITIONS.
(a) In General.--Section 4 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by inserting ``, except as otherwise
provided,'' after ``means'';
(2) in paragraph (4), by striking `` `Director' means'' and
all that follows through ``Agency;'' and inserting ``
`Administrator of FEMA' means the Administrator of the
Federal Emergency Management Agency;'';
(3) in paragraph (5)--
(A) by inserting ``Indian tribe,'' after ``county,''; and
(B) by striking ``and `firecontrol' '' and inserting ``and
`fire control' '';
(4) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively;
(5) by inserting after paragraph (5), the following:
``(6) `Indian tribe' has the meaning given that term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b) and `tribal' means of or
pertaining to an Indian tribe;'';
(6) by redesignating paragraphs (9) and (10), as
redesignated by paragraph (4), as paragraphs (10) and (11);
(7) by inserting after paragraph (8), as redesignated by
paragraph (4), the following:
``(9) `Secretary' means, except as otherwise provided, the
Secretary of Homeland Security;''; and
(8) by amending paragraph (10), as redesignated by
paragraph (6), to read as follows:
``(10) `State' has the meaning given the term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
(b) Conforming Amendments.--
(1) Administrator of fema.--The Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by
striking ``Director'' each place it appears and inserting
``Administrator of FEMA''.
(2) Administrator of fema's award.--Section 15 of such Act
(15 U.S.C. 2214) is amended by striking ``Director's Award''
each place it appears and inserting ``Administrator's
Award''.
SEC. 203. ASSISTANCE TO FIREFIGHTERS GRANTS.
Section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229) is amended to read as follows:
[[Page S6364]]
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Administrator of fema.--The term `Administrator of
FEMA' means the Administrator of FEMA, acting through the
Administrator.
``(2) Available grant funds.--The term `available grant
funds', with respect to a fiscal year, means those funds
appropriated pursuant to the authorization of appropriations
in subsection (q)(1) for such fiscal year less any funds used
for administrative costs pursuant to subsection (q)(2) in
such fiscal year.
``(3) Career fire department.--The term `career fire
department' means a fire department that has an all-paid
force of firefighting personnel other than paid-on-call
firefighters.
``(4) Combination fire department.--The term `combination
fire department' means a fire department that has--
``(A) paid firefighting personnel; and
``(B) volunteer firefighting personnel.
``(5) Firefighting personnel.--The term `firefighting
personnel' means individuals, including volunteers, who are
firefighters, officers of fire departments, or emergency
medical service personnel of fire departments.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Nonaffiliated ems organization.--The term
`nonaffiliated EMS organization' means a public or private
nonprofit emergency medical services organization that is not
affiliated with a hospital and does not serve a geographic
area in which the Administrator of FEMA finds that emergency
medical services are adequately provided by a fire
department.
``(8) Paid-on-call.--The term `paid-on-call' with respect
to firefighting personnel means firefighting personnel who
are paid a stipend for each event to which they respond.
``(9) Volunteer fire department.--The term `volunteer fire
department' means a fire department that has an all-volunteer
force of firefighting personnel.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Administrator of FEMA may award--
``(A) assistance to firefighters grants under subsection
(c); and
``(B) fire prevention and safety grants and other
assistance under subsection (d).
``(2) Administrative assistance.--The Administrator of FEMA
shall--
``(A) establish specific criteria for the selection of
grant recipients under this section; and
``(B) provide assistance with application preparation to
applicants for such grants.
``(c) Assistance to Firefighters Grants.--
``(1) In general.--The Administrator of FEMA may, in
consultation with the chief executives of the States in which
the recipients are located, award grants on a competitive
basis directly to--
``(A) fire departments, for the purpose of protecting the
health and safety of the public and firefighting personnel
throughout the United States against fire, fire-related, and
other hazards;
``(B) nonaffiliated EMS organizations to support the
provision of emergency medical services; and
``(C) State fire training academies for the purposes
described in subparagraphs (G), (H), and (I) of paragraph
(3).
``(2) Maximum grant amounts.--
``(A) Population.--The Administrator of FEMA may not award
a grant under this subsection in excess of amounts as
follows:
``(i) In the case of a recipient that serves a jurisdiction
with 100,000 people or fewer, the amount of the grant awarded
to such recipient shall not exceed $1,000,000 in any fiscal
year.
``(ii) In the case of a recipient that serves a
jurisdiction with more than 100,000 people but not more than
500,000 people, the amount of the grant awarded to such
recipient shall not exceed $2,000,000 in any fiscal year.
``(iii) In the case of a recipient that serves a
jurisdiction with more than 500,000 but not more than
1,000,000 people, the amount of the grant awarded to such
recipient shall not exceed $3,000,000 in any fiscal year.
``(iv) In the case of a recipient that serves a
jurisdiction with more than 1,000,000 people but not more
than 2,500,000 people, the amount of the grant awarded to
such recipient shall not exceed $6,000,000 for any fiscal
year.
``(v) In the case of a recipient that serves a jurisdiction
with more than 2,500,000 people, the amount of the grant
awarded to such recipient shall not exceed $9,000,000 in any
fiscal year.
``(B) Aggregate.--
``(i) In general.--Notwithstanding subparagraphs (A) and
(B) and except as provided under clause (ii), the
Administrator of FEMA may not award a grant under this
subsection in a fiscal year in an amount that exceeds the
amount that is one percent of the available grant funds in
such fiscal year.
``(ii) Exception.--The Administrator of FEMA may waive the
limitation in clause (i) with respect to a grant recipient if
the Administrator of FEMA determines that such recipient has
an extraordinary need for a grant in an amount that exceeds
the limit under clause (i).
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of
the following purposes:
``(A) To train firefighting personnel in--
``(i) firefighting;
``(ii) emergency medical services and other emergency
response (including response to natural disasters, acts of
terrorism, and other man-made disasters);
``(iii) arson prevention and detection;
``(iv) maritime firefighting; or
``(v) the handling of hazardous materials.
``(B) To train firefighting personnel to provide any of the
training described under subparagraph (A).
``(C) To fund the creation of rapid intervention teams to
protect firefighting personnel at the scenes of fires and
other emergencies.
``(D) To certify--
``(i) fire inspectors; and
``(ii) building inspectors--
``(I) whose responsibilities include fire safety
inspections; and
``(II) who are employed by or serving as volunteers with a
fire department.
``(E) To establish wellness and fitness programs for
firefighting personnel to ensure that the firefighting
personnel are able to carry out their duties as firefighters,
including programs dedicated to raising awareness of, and
prevention of, job-related mental health issues.
``(F) To fund emergency medical services provided by fire
departments and nonaffiliated EMS organizations.
``(G) To acquire additional firefighting vehicles,
including fire trucks and other apparatus.
``(H) To acquire additional firefighting equipment,
including equipment for--
``(i) fighting fires with foam in remote areas without
access to water; and
``(ii) communications, monitoring, and response to a
natural disaster, act of terrorism, or other man-made
disaster, including the use of a weapon of mass destruction.
``(I) To acquire personal protective equipment, including
personal protective equipment--
``(i) prescribed for firefighting personnel by the
Occupational Safety and Health Administration of the
Department of Labor; or
``(ii) for responding to a natural disaster or act of
terrorism or other man-made disaster, including the use of a
weapon of mass destruction.
``(J) To modify fire stations, fire training facilities,
and other facilities to protect the health and safety of
firefighting personnel.
``(K) To educate the public about arson prevention and
detection.
``(L) To provide incentives for the recruitment and
retention of volunteer firefighting personnel for volunteer
firefighting departments and other firefighting departments
that utilize volunteers.
``(M) To support such other activities, consistent with the
purposes of this subsection, as the Administrator of FEMA
determines appropriate.
``(d) Fire Prevention and Safety Grants.--
``(1) In general.--For the purpose of assisting fire
prevention programs and supporting firefighter health and
safety research and development, the Administrator of FEMA
may, on a competitive basis--
``(A) award grants to fire departments;
``(B) award grants to, or enter into contracts or
cooperative agreements with, national, State, local, tribal,
or nonprofit organizations that are not fire departments and
that are recognized for their experience and expertise with
respect to fire prevention or fire safety programs and
activities and firefighter research and development programs,
for the purpose of carrying out--
``(i) fire prevention programs; and
``(ii) research to improve firefighter health and life
safety; and
``(C) award grants to institutions of higher education,
national fire service organizations, or national fire safety
organizations to establish and operate fire safety research
centers.
``(2) Maximum grant amount.--A grant awarded under this
subsection may not exceed $1,500,000 for a fiscal year.
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of
the following purposes:
``(A) To enforce fire codes and promote compliance with
fire safety standards.
``(B) To fund fire prevention programs, including programs
that educate the public about arson prevention and detection.
``(C) To fund wildland fire prevention programs, including
education, awareness, and mitigation programs that protect
lives, property, and natural resources from fire in the
wildland-urban interface.
``(D) In the case of a grant awarded under paragraph
(1)(C), to fund the establishment or operation of a fire
safety research center for the purpose of significantly
reducing the number of fire-related deaths and injuries among
firefighters and the general public through research,
development, and technology transfer activities.
``(E) To support such other activities, consistent with the
purposes of this subsection, as the Administrator of FEMA
determines appropriate.
``(4) Limitation.--None of the funds made available under
this subsection may be provided to the Association of
Community Organizations for Reform Now (ACORN) or any of its
affiliates, subsidiaries, or allied organizations.
[[Page S6365]]
``(e) Applications for Grants.--
``(1) In general.--An entity seeking a grant under this
section shall submit to the Administrator of FEMA an
application therefor in such form and in such manner as the
Administrator of FEMA determines appropriate.
``(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
``(A) A description of the financial need of the applicant
for the grant.
``(B) An analysis of the costs and benefits, with respect
to public safety, of the use for which a grant is requested.
``(C) An agreement to provide information to the national
fire incident reporting system for the period covered by the
grant.
``(D) A list of other sources of funding received by the
applicant--
``(i) for the same purpose for which the application for a
grant under this section was submitted; or
``(ii) from the Federal Government for other fire-related
purposes.
``(E) Such other information as the Administrator of FEMA
determines appropriate.
``(3) Joint or regional applications.--
``(A) In general.--Two or more entities may submit an
application under paragraph (1) for a grant under this
section to fund a joint program or initiative, including
acquisition of shared equipment or vehicles.
``(B) Nonexclusivity.--Applications under this paragraph
may be submitted instead of or in addition to any other
application submitted under paragraph (1).
``(C) Guidance.--The Administrator of FEMA shall--
``(i) publish guidance on applying for and administering
grants awarded for joint programs and initiatives described
in subparagraph (A); and
``(ii) encourage applicants to apply for grants for joint
programs and initiatives described in subparagraph (A) as the
Administrator of FEMA determines appropriate to achieve
greater cost effectiveness and regional efficiency.
``(f) Peer Review of Grant Applications.--
``(1) In general.--The Administrator of FEMA shall, after
consultation with national fire service and emergency medical
services organizations, appoint fire service personnel to
conduct peer reviews of applications received under
subsection (e)(1).
``(2) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to activities carried out pursuant to this subsection.
``(g) Prioritization of Grant Awards.--In awarding grants
under this section, the Administrator of FEMA shall consider
the following:
``(1) The findings and recommendations of the peer reviews
carried out under subsection (f).
``(2) The degree to which an award will reduce deaths,
injuries, and property damage by reducing the risks
associated with fire-related and other hazards.
``(3) The extent of the need of an applicant for a grant
under this section and the need to protect the United States
as a whole.
``(4) The number of calls requesting or requiring a fire
fighting or emergency medical response received by an
applicant.
``(h) Allocation of Grant Awards.--In awarding grants under
this section, the Administrator of FEMA shall ensure that of
the available grant funds in each fiscal year--
``(1) not less than 25 percent are awarded under subsection
(c) to career fire departments;
``(2) not less than 25 percent are awarded under subsection
(c) to volunteer fire departments;
``(3) not less than 25 percent are awarded under subsection
(c) to combination fire departments and fire departments
using paid-on-call firefighting personnel;
``(4) not less than 10 percent are available for open
competition among career fire departments, volunteer fire
departments, combination fire departments, and fire
departments using paid-on-call firefighting personnel for
grants awarded under subsection (c);
``(5) not less than 10 percent are awarded under subsection
(d); and
``(6) not more than 2 percent are awarded under this
section to nonaffiliated EMS organizations described in
subsection (c)(1)(B).
``(i) Additional Requirements and Limitations.--
``(1) Funding for emergency medical services.--Not less
than 3.5 percent of the available grant funds for a fiscal
year shall be awarded under this section for purposes
described in subsection (c)(3)(F).
``(2) State fire training academies.--
``(A) Maximum share.--Not more than 3 percent of the
available grant funds for a fiscal year may be awarded under
subsection (c)(1)(C).
``(B) Maximum grant amount.--The Administrator of FEMA may
not award a grant under subsection (c)(1)(C) to a State fire
training academy in an amount that exceeds $1,000,000 in any
fiscal year.
``(3) Amounts for purchasing firefighting vehicles.--Not
more than 25 percent of the available grant funds for a
fiscal year may be used to assist grant recipients to
purchase vehicles pursuant to subsection (c)(3)(G).
``(j) Further Considerations.--
``(1) Assistance to firefighters grants to fire
departments.--In considering applications for grants under
subsection (c)(1)(A), the Administrator of FEMA shall
consider--
``(A) the extent to which the grant would enhance the daily
operations of the applicant and the impact of such a grant on
the protection of lives and property; and
``(B) a broad range of factors important to the applicant's
ability to respond to fires and related hazards, such as the
following:
``(i) Population served.
``(ii) Geographic response area.
``(iii) Hazards vulnerability.
``(iv) Call volume.
``(v) Financial situation, including unemployment rate of
the area being served.
``(vi) Need for training or equipment.
``(2) Applications from nonaffiliated ems organizations.--
In the case of an application submitted under subsection
(e)(1) by a nonaffiliated EMS organization, the Administrator
of FEMA shall consider the extent to which other sources of
Federal funding are available to the applicant to provide the
assistance requested in such application.
``(3) Awarding fire prevention and safety grants to certain
organizations that are not fire departments.--In the case of
applicants for grants under this section who are described in
subsection (d)(1)(B), the Administrator of FEMA shall give
priority to applicants who focus on--
``(A) prevention of injuries to high risk groups from fire;
and
``(B) research programs that demonstrate a potential to
improve firefighter safety.
``(4) Awarding grants for fire safety research centers.--
``(A) Considerations.--In awarding grants under subsection
(d)(1)(C), the Administrator of FEMA shall--
``(i) select each grant recipient on--
``(I) the demonstrated research and extension resources
available to the recipient to carry out the research,
development, and technology transfer activities;
``(II) the capability of the recipient to provide
leadership in making national contributions to fire safety;
``(III) the recipient's ability to disseminate the results
of fire safety research; and
``(IV) the strategic plan the recipient proposes to carry
out under the grant;
``(ii) give special consideration in selecting recipients
under subparagraph (A) to an applicant for a grant that
consists of a partnership between--
``(I) a national fire service organization or a national
fire safety organization; and
``(II) an institution of higher education, including a
minority-serving institution (as described in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)));
and
``(iii) consider the research needs identified and
prioritized through the workshop required by subparagraph
(B)(i).
``(B) Research needs.--
``(i) In general.--Not later than 90 days after the date of
the enactment of the Fire Grants Reauthorization Act of 2012,
the Administrator of FEMA shall convene a workshop of the
fire safety research community, fire service organizations,
and other appropriate stakeholders to identify and prioritize
fire safety research needs.
``(ii) Publication.--The Administrator of FEMA shall ensure
that the results of the workshop are made available to the
public.
``(C) Limitations on grants for fire safety research
centers.--
``(i) In general.--The Administrator of FEMA may award
grants under subsection (d) to establish not more than 3 fire
safety research centers.
``(ii) Recipients.--An institution of higher education, a
national fire service organization, and a national fire
safety organization may not directly receive a grant under
subsection (d) for a fiscal year for more than 1 fire safety
research center.
``(5) Avoiding duplication.--The Administrator of FEMA
shall review lists submitted by applicants pursuant to
subsection (e)(2)(D) and take such actions as the
Administrator of FEMA considers necessary to prevent
unnecessary duplication of grant awards.
``(k) Matching and Maintenance of Expenditure
Requirements.--
``(1) Matching requirement for assistance to firefighters
grants.--
``(A) In general.--Except as provided in subparagraph (B),
an applicant seeking a grant to carry out an activity under
subsection (c) shall agree to make available non-Federal
funds to carry out such activity in an amount equal to not
less than 15 percent of the grant awarded to such applicant
under such subsection.
``(B) Exception for entities serving small communities.--In
the case that an applicant seeking a grant to carry out an
activity under subsection (c) serves a jurisdiction of--
``(i) more than 20,000 residents but not more than
1,000,000 residents, the application shall agree to make
available non-Federal funds in an amount equal to not less
than 10 percent of the grant awarded to such applicant under
such subsection; and
``(ii) 20,000 residents or fewer, the applicant shall agree
to make available non-Federal funds in an amount equal to not
less than 5 percent of the grant awarded to such applicant
under such subsection.
``(2) Matching requirement for fire prevention and safety
grants.--
``(A) In general.--An applicant seeking a grant to carry
out an activity under subsection (d) shall agree to make
available non-Federal funds to carry out such activity in an
amount equal to not less than 5 percent
[[Page S6366]]
of the grant awarded to such applicant under such subsection.
``(B) Means of matching.--An applicant for a grant under
subsection (d) may meet the matching requirement under
subparagraph (A) through direct funding, funding of
complementary activities, or the provision of staff,
facilities, services, material, or equipment.
``(3) Maintenance of expenditures.--An applicant seeking a
grant under subsection (c) or (d) shall agree to maintain
during the term of the grant the applicant's aggregate
expenditures relating to the uses described in subsections
(c)(3) and (d)(3) at not less than 80 percent of the average
amount of such expenditures in the 2 fiscal years preceding
the fiscal year in which the grant amounts are received.
``(4) Waiver.--
``(A) In general.--Except as provided in subparagraph
(C)(ii), the Administrator of FEMA may waive or reduce the
requirements of paragraphs (1), (2), and (3) in cases of
demonstrated economic hardship.
``(B) Guidelines.--
``(i) In general.--The Administrator of FEMA shall
establish and publish guidelines for determining what
constitutes economic hardship for purposes of this paragraph.
``(ii) Consultation.--In developing guidelines under clause
(i), the Administrator of FEMA shall consult with individuals
who are--
``(I) recognized for expertise in firefighting, emergency
medical services provided by fire services, or the economic
affairs of State and local governments; and
``(II) members of national fire service organizations or
national organizations representing the interests of State
and local governments.
``(iii) Considerations.--In developing guidelines under
clause (i), the Administrator of FEMA shall consider, with
respect to relevant communities, the following:
``(I) Changes in rates of unemployment from previous years.
``(II) Whether the rates of unemployment of the relevant
communities are currently and have consistently exceeded the
annual national average rates of unemployment.
``(III) Changes in percentages of individuals eligible to
receive food stamps from previous years.
``(IV) Such other factors as the Administrator of FEMA
considers appropriate.
``(C) Certain applicants for fire prevention and safety
grants.--The authority under subparagraph (A) shall not apply
with respect to a nonprofit organization that--
``(i) is described in subsection (d)(1)(B); and
``(ii) is not a fire department or emergency medical
services organization.
``(l) Grant Guidelines.--
``(1) Guidelines.--For each fiscal year, prior to awarding
any grants under this section, the Administrator of FEMA
shall publish in the Federal Register--
``(A) guidelines that describe--
``(i) the process for applying for grants under this
section; and
``(ii) the criteria that will be used for selecting grant
recipients; and
``(B) an explanation of any differences between such
guidelines and the recommendations obtained under paragraph
(2).
``(2) Annual meeting to obtain recommendations.--
``(A) In general.--For each fiscal year, the Administrator
of FEMA shall convene a meeting of qualified members of
national fire service organizations and, at the discretion of
the Administrator of FEMA, qualified members of emergency
medical service organizations to obtain recommendations
regarding the following:
``(i) Criteria for the awarding of grants under this
section.
``(ii) Administrative changes to the assistance program
established under subsection (b).
``(B) Qualified members.--For purposes of this paragraph, a
qualified member of an organization is a member who--
``(i) is recognized for expertise in firefighting or
emergency medical services;
``(ii) is not an employee of the Federal Government; and
``(iii) in the case of a member of an emergency medical
service organization, is a member of an organization that
represents--
``(I) providers of emergency medical services that are
affiliated with fire departments; or
``(II) nonaffiliated EMS providers.
``(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to activities carried out under this subsection.
``(m) Accounting Determination.--Notwithstanding any other
provision of law, for purposes of this section, equipment
costs shall include all costs attributable to any design,
purchase of components, assembly, manufacture, and
transportation of equipment not otherwise commercially
available.
``(n) Eligible Grantee on Behalf of Alaska Native
Villages.--The Alaska Village Initiatives, a non-profit
organization incorporated in the State of Alaska, shall be
eligible to apply for and receive a grant or other assistance
under this section on behalf of Alaska Native villages.
``(o) Training Standards.--If an applicant for a grant
under this section is applying for such grant to purchase
training that does not meet or exceed any applicable national
voluntary consensus standards, including those developed
under section 647 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit
to the Administrator of FEMA an explanation of the reasons
that the training proposed to be purchased will serve the
needs of the applicant better than training that meets or
exceeds such standards.
``(p) Ensuring Effective Use of Grants.--
``(1) Audits.--The Administrator of FEMA may audit a
recipient of a grant awarded under this section to ensure
that--
``(A) the grant amounts are expended for the intended
purposes; and
``(B) the grant recipient complies with the requirements of
subsection (k).
``(2) Performance assessment.--
``(A) In general.--The Administrator of FEMA shall develop
and implement a performance assessment system, including
quantifiable performance metrics, to evaluate the extent to
which grants awarded under this section are furthering the
purposes of this section, including protecting the health and
safety of the public and firefighting personnel against fire
and fire-related hazards.
``(B) Consultation.--The Administrator of FEMA shall
consult with fire service representatives and with the
Comptroller General of the United States in developing the
assessment system required by subparagraph (A).
``(3) Annual reports to administrator of fema.--Not less
frequently than once each year during the term of a grant
awarded under this section, the recipient of the grant shall
submit to the Administrator of FEMA an annual report
describing how the recipient used the grant amounts.
``(4) Annual reports to congress.--
``(A) In general.--Not later than September 30, 2013, and
each year thereafter through 2017, the Administrator of FEMA
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Science and Technology of the House of Representatives a
report that provides--
``(i) information on the performance assessment system
developed under paragraph (2); and
``(ii) using the performance metrics developed under such
paragraph, an evaluation of the effectiveness of the grants
awarded under this section.
``(B) Additional information.--The report due under
subparagraph (A) on September 30, 2016, shall also include
recommendations for legislative changes to improve grants
under this section.
``(q) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $750,000,000 for fiscal year 2013; and
``(B) for each of fiscal years 2014 through 2017, an amount
equal to the amount authorized for the previous fiscal year
increased by the percentage by which--
``(i) the Consumer Price Index (all items, United States
city average) for the previous fiscal year, exceeds
``(ii) the Consumer Price Index for the fiscal year
preceding the fiscal year described in clause (i).
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the
Administrator of FEMA may use not more than 5 percent of such
amounts for salaries and expenses and other administrative
costs incurred by the Administrator of FEMA in the course of
awarding grants and providing assistance under this section.
``(3) Congressionally directed spending.--Consistent with
the requirements in subsections (c)(1) and (d)(1) that grants
under those subsections be awarded on a competitive basis,
none of the funds appropriated pursuant to this subsection
may be used for any congressionally directed spending item
(as defined under the rules of the Senate and the House of
Representatives).
``(r) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on the
date that is 10 years after the date of the enactment of the
Fire Grants Reauthorization Act of 2012.''.
SEC. 204. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
(a) Improvements to Hiring Grants.--
(1) Term of grants.--Subparagraph (B) of section 34(a)(1)
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a(a)(1)) is amended to read as follows:
``(B) Grants made under this paragraph shall be for 3 years
and be used for programs to hire new, additional
firefighters.''.
(2) Limitation of portion of costs of hiring
firefighters.--Subparagraph (E) of such section is amended to
read as follows:
``(E) The portion of the costs of hiring firefighters
provided by a grant under this paragraph may not exceed--
``(i) 75 percent in the first year of the grant;
``(ii) 75 percent in the second year of the grant; and
``(iii) 35 percent in the third year of the grant.''.
(b) Clarification Regarding Eligible Entities for
Recruitment and Retention Grants.--The second sentence of
section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is
amended by striking ``organizations on a local or statewide
basis'' and inserting ``national, State, local, or tribal
organizations''.
(c) Maximum Amount for Hiring a Firefighter.--Paragraph (4)
of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended
to read as follows:
``(4) The amount of funding provided under this section to
a recipient fire department for hiring a firefighter in any
fiscal year may not exceed--
[[Page S6367]]
``(A) in the first year of the grant, 75 percent of the
usual annual cost of a first-year firefighter in that
department at the time the grant application was submitted;
``(B) in the second year of the grant, 75 percent of the
usual annual cost of a first-year firefighter in that
department at the time the grant application was submitted;
and
``(C) in the third year of the grant, 35 percent of the
usual annual cost of a first-year firefighter in that
department at the time the grant application was
submitted.''.
(d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is
amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Waivers.--
``(1) In general.--In a case of demonstrated economic
hardship, the Administrator of FEMA may--
``(A) waive the requirements of subsection (c)(1); or
``(B) waive or reduce the requirements in subsection
(a)(1)(E) or subsection (c)(2).
``(2) Guidelines.--
``(A) In general.--The Administrator of FEMA shall
establish and publish guidelines for determining what
constitutes economic hardship for purposes of paragraph (1).
``(B) Consultation.--In developing guidelines under
subparagraph (A), the Administrator of FEMA shall consult
with individuals who are--
``(i) recognized for expertise in firefighting, emergency
medical services provided by fire services, or the economic
affairs of State and local governments; and
``(ii) members of national fire service organizations or
national organizations representing the interests of State
and local governments.
``(C) Considerations.--In developing guidelines under
subparagraph (A), the Administrator of FEMA shall consider,
with respect to relevant communities, the following:
``(i) Changes in rates of unemployment from previous years.
``(ii) Whether the rates of unemployment of the relevant
communities are currently and have consistently exceeded the
annual national average rates of unemployment.
``(iii) Changes in percentages of individuals eligible to
receive food stamps from previous years.
``(iv) Such other factors as the Administrator of FEMA
considers appropriate.''.
(e) Improvements to Performance Evaluation Requirements.--
Subsection (e) of section 34 of such Act (15 U.S.C. 2229a),
as redesignated by subsection (d)(1) of this section, is
amended by inserting before the first sentence the following:
``(1) In general.--The Administrator of FEMA shall
establish a performance assessment system, including
quantifiable performance metrics, to evaluate the extent to
which grants awarded under this section are furthering the
purposes of this section.
``(2) Submittal of information.--''.
(f) Report.--
(1) In general.--Subsection (f) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of
this section, is amended by striking ``The authority'' and
all that follows through ``Congress concerning'' and
inserting the following: ``Not later than September 30, 2014,
the Administrator of FEMA shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Science and Technology of the House of
Representatives a report on''.
(2) Conforming amendment.--The heading for subsection (f)
of section 34 of such Act (15 U.S.C. 2229a), as redesignated
by subsection (d)(1) of this section, is amended by striking
``Sunset and Reports'' and inserting ``Report''.
(g) Additional Definitions.--
(1) In general.--Subsection (i) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of
this section, is amended--
(A) in the matter before paragraph (1), by striking ``In
this section, the term--'' and inserting ``In this
section:'';
(B) in paragraph (1)--
(i) by inserting ``The term'' before `` `firefighter'
has''; and
(ii) by striking ``; and'' and inserting a period;
(C) by striking paragraph (2); and
(D) by inserting at the end the following:
``(2) The terms `Administrator of FEMA', `career fire
department', `combination fire department', and `volunteer
fire department' have the meanings given such terms in
section 33(a).''.
(2) Conforming amendment.--Section 34(a)(1)(A) of such Act
(15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career,
volunteer, and combination fire departments'' and inserting
``career fire departments, combination fire departments, and
volunteer fire departments''.
(h) Authorization of Appropriations.--
(1) In general.--Subsection (j) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of
this section, is amended--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) $750,000,000 for fiscal year 2013; and
``(9) for each of fiscal years 2014 through 2017, an amount
equal to the amount authorized for the previous fiscal year
increased by the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the previous fiscal year, exceeds
``(B) the Consumer Price Index for the fiscal year
preceding the fiscal year described in subparagraph (A).''.
(2) Administrative expenses.--Such subsection (j) is
further amended--
(A) in paragraph (9), as added by paragraph (1) of this
subsection, by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving the left
margin of such clauses, as so redesignated, 2 ems to the
right;
(B) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively, and moving the
left margin of such subparagraphs, as so redesignated, 2 ems
to the right;
(C) by striking ``There are'' and inserting the following:
``(1) In general.--There are''; and
(D) by adding at the end the following:
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the
Administrator of FEMA may use not more than 5 percent of such
amounts to cover salaries and expenses and other
administrative costs incurred by the Administrator of FEMA to
make grants and provide assistance under this section.''.
(3) Congressionally directed spending.--Such subsection (j)
is further amended by adding at the end the following:
``(3) Congressionally directed spending.--Consistent with
the requirement in subsection (a) that grants under this
section be awarded on a competitive basis, none of the funds
appropriated pursuant to this subsection may be used for any
congressionally direct spending item (as defined under the
rules of the Senate and the House of Representatives).''.
(i) Technical Amendment.--Section 34 of such Act (15 U.S.C.
2229a) is amended by striking ``Administrator'' each place it
appears and inserting ``Administrator of FEMA''.
(j) Clerical Amendment.--Such section is further amended in
the heading by striking ``expansion of pre-september 11,
2001, fire grant program'' and inserting the following:
``staffing for adequate fire and emergency response''.
(k) Sunset of Authority to Award Hiring Grants.--Such
section is further amended by adding at the end the
following:
``(k) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on the
date that is 10 years after the date of the enactment of the
Fire Grants Reauthorization Act of 2012.''.
SEC. 205. SENSE OF CONGRESS ON VALUE AND FUNDING OF
ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS.
It is the sense of Congress that--
(1) the grants and assistance awarded under sections 33 and
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a) have proven equally valuable in
protecting the health and safety of the public and
firefighting personnel throughout the United States against
fire and fire-related hazards; and
(2) providing parity in funding for the awarding of grants
and assistance under both such sections will ensure that the
grant and assistance programs under such sections can
continue to serve their complementary purposes.
SEC. 206. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS
AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE PROGRAMS.
(a) In General.--Not later than September 30, 2016, the
Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Science and Technology of the
House of Representatives a report on the effect of the
amendments made by this title.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the effect of the amendments made by
sections 203 and 204 on the effectiveness, relative
allocation, accountability, and administration of the grants
and assistance awarded under sections 33 and 34 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229 and 2229a) after the date of the enactment of this Act.
(2) An evaluation of the extent to which the amendments
made by sections 203 and 204 have enabled recipients of
grants and assistance awarded under such sections 33 and 34
after the date of the enactment of this Act to mitigate fire
and fire-related and other hazards more effectively.
SEC. 207. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Fire Administration.
(2) Career fire department, combination fire department,
volunteer fire department.--The terms ``career fire
department'', ``combination fire department'', and
``volunteer fire department'' have the meanings given such
terms in section 33(a) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)), as amended by
section 203.
(3) Fire service.--The term ``fire service'' has the
meaning given such term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(b) Study and Report on Compliance With Staffing
Standards.--
[[Page S6368]]
(1) Study.--The Administrator shall conduct a study on the
level of compliance with national voluntary consensus
standards for staffing, training, safe operations, personal
protective equipment, and fitness among the fire services of
the United States.
(2) Survey.--
(A) In general.--In carrying out the study required by
paragraph (1), the Administrator shall carry out a survey of
fire services to assess the level of compliance of such fire
services with the standards described in such paragraph.
(B) Elements.--The survey required by subparagraph (A)
shall--
(i) include career fire departments, volunteer fire
departments, combination fire departments, and fire
departments serving communities of different sizes, and such
other distinguishing factors as the Administrator considers
relevant;
(ii) employ methods to ensure that the survey accurately
reflects the actual rate of compliance with the standards
described in paragraph (1) among fire services; and
(iii) determine the extent of barriers and challenges to
achieving compliance with the standards described in
paragraph (1) among fire services.
(C) Authority to carry out survey with nonprofit.--If the
Administrator determines that it will reduce the costs
incurred by the United States Fire Administration in carrying
out the survey required by subparagraph (A), the
Administrator may carry out such survey in conjunction with a
nonprofit organization that has substantial expertise and
experience in the following areas:
(i) The fire services.
(ii) National voluntary consensus standards.
(iii) Contemporary survey methods.
(3) Report on findings of study.--
(A) In general.--Not later than 2 years after the date of
the enactment of this Act, the Administrator shall submit to
Congress a report on the findings of the Administrator with
respect to the study required by paragraph (1).
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) An accurate description, based on the results of the
survey required by paragraph (2)(A), of the rate of
compliance with the standards described in paragraph (1)
among United States fire services, including a comparison of
the rates of compliance among career fire departments,
volunteer fire departments, combination fire departments, and
fire departments serving communities of different sizes, and
such other comparisons as Administrator considers relevant.
(ii) A description of the challenges faced by different
types of fire departments and different types of communities
in complying with the standards described in paragraph (1).
(c) Task Force to Enhance Firefighter Safety.--
(1) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall establish a task force to be known as the
``Task Force to Enhance Firefighter Safety'' (in this
subsection referred to as the ``Task Force'').
(2) Membership.--
(A) In general.--Members of the Task Force shall be
appointed by the Secretary from among the general public and
shall include the following:
(i) Representatives of national organizations representing
firefighters and fire chiefs.
(ii) Individuals representing standards-setting and
accrediting organizations, including representatives from the
voluntary consensus codes and standards development
community.
(iii) Such other individuals as the Secretary considers
appropriate.
(B) Representatives of other departments and agencies.--The
Secretary may invite representatives of other Federal
departments and agencies that have an interest in fire
services to participate in the meetings and other activities
of the Task Force.
(C) Number; terms of service; pay and allowances.--The
Secretary shall determine the number, terms of service, and
pay and allowances of members of the Task Force appointed by
the Secretary, except that a term of service of any such
member may not exceed 2 years.
(3) Responsibilities.--The Task Force shall--
(A) consult with the Secretary in the conduct of the study
required by subsection (b)(1); and
(B) develop a plan to enhance firefighter safety by
increasing fire service compliance with the standards
described in subsection (b)(1), including by--
(i) reviewing and evaluating the report required by
subsection (b)(3)(A) to determine the extent of and barriers
to achieving compliance with the standards described in
subsection (b)(1) among fire services; and
(ii) considering ways in which the Federal Government,
States, and local governments can promote or encourage fire
services to comply with such standards.
(4) Report.--
(A) In general.--Not later than 180 days after the date on
which the Secretary submits the report required by subsection
(b)(3)(A), the Task Force shall submit to Congress and the
Secretary a report on the activities and findings of the Task
Force.
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) The findings and recommendations of the Task Force with
respect to the study carried out under subsection (b)(1).
(ii) The plan developed under paragraph (3)(B).
(d) Study and Report on the Needs of Fire Services.--
(1) Study.--The Administrator shall conduct a study--
(A) to define the current roles and activities associated
with fire services on a national, State, regional, and local
level;
(B) to identify the equipment, staffing, and training
required to fulfill the roles and activities defined under
subparagraph (A);
(C) to conduct an assessment to identify gaps between what
fire services currently possess and what they require to meet
the equipment, staffing, and training needs identified under
subparagraph (B) on a national and State-by-State basis; and
(D) to measure the impact of the grant and assistance
program under section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of
fire services and filling the gaps identified under
subparagraph (C).
(2) Report.--Not later than 2 years after the date of the
enactment of this title, the Administrator shall submit to
Congress a report on the findings of the Administrator with
respect to the study conducted under paragraph (1).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section--
(1) $600,000 for fiscal year 2013; and
(2) $600,000 for fiscal year 2014.
______
SA 2837. Ms. LANDRIEU (for herself, Ms. Snowe, and Mrs. Shaheen)
submitted an amendment intended to be proposed by her to the bill S.
3457, to require the Secretary of Veterans Affairs to establish a
veterans jobs corps, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT
BUSINESS LOAN PROGRAM.
Section 1122(b) of the Small Business Jobs Act of 2010 (15
U.S.C. 696 note) is amended by striking ``2 years'' and
inserting ``3 years and 6 months''.
______
SA 2838. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3457, to require the Secretary of Veterans Affairs
to establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRANSFER OF AMOUNTS APPROPRIATED FOR ASSISTANCE TO
PAKISTAN, YEMEN, EGYPT, AND LIBYA.
Of the amounts appropriated or otherwise made available for
fiscal year 2012 for direct United States assistance to the
Governments of Pakistan, Yemen, Egypt, or Libya that remain
available for expenditure as of the date of the enactment of
this Act--
(1) the President shall transfer 50 percent to the
Secretary of Veterans Affairs for purposes of the veterans
job corps; and
(2) the President shall transfer 50 percent to the Treasury
of the United States to be used for deficit reduction.
SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN.
No amounts may be obligated or expended to provide any
direct United States assistance to the Government of Pakistan
unless the President certifies to Congress that--
(1) Dr. Shakil Afridi has been released from prison in
Pakistan;
(2) any criminal charges brought against Dr. Afridi,
including treason, have been dropped; and
(3) if necessary to ensure his freedom, Dr. Afridi has been
allowed to leave Pakistan.
SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO YEMEN, EGYPT,
AND LIBYA.
(a) Prohibition.--Except as provided under subsection (b),
no amounts may be obligated or expended to provide any direct
United States assistance, loan guarantee, or debt relief to
the Government of Yemen, the Government of Egypt, or the
Government of Libya.
(b) Waiver and Certification.--Beginning 60 days after the
date of the enactment of this Act, the President may waive
the prohibition under subsection (a) with respect to the
Government of Yemen, the Government of Libya, or the
Government of Egypt if the President certifies to Congress
that--
(1) the Government is cooperating or has cooperated fully
with investigations into the September 12, 2012, attack on
the United States Embassy in Sanaa, Yemen, the September 11,
2012, attack on the United States consulate in Benghazi,
Libya, or the September 11, 2012, attack on the United States
Embassy in Cairo, Egypt, as the case may be; and
(2) all identifiable persons associated with organizing,
planning, or participating in the attack--
(A) have been identified by the Federal Bureau of
Investigations or the Central Intelligence Agency and
arrested by local authorities; and
(B) have been transferred to United States custody.
[[Page S6369]]
(c) Report on Unsecured Weapons in Libya.--Not later than
90 days after the date of the enactment of this Act, the
President shall submit a report to Congress examining the
extent to which advanced weaponry remaining unsecured after
the fall of Moammar Qaddafi was used by the individuals
responsible for the September 11, 2012, attack on the United
States consulate in Benghazi, Libya.
SEC. __. USE OF SAVINGS FROM LIMITATIONS ON ASSISTANCE.
Of the amounts saved as a result of the prohibitions on
assistance in the immediately preceding section--
(1) 50 percent shall be made available to the Secretary of
Veterans Affairs for purposes of the veterans job corps; and
(2) 50 percent shall be used for deficit reduction.
______
SA 2839. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2782 submitted by Mr. Burr and intended to be proposed to
the bill S. 3457, to require the Secretary of Veterans Affairs to
establish a veterans jobs corps, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. 10. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND
RETIREMENT TREATMENT FOR CERTAIN RETIREES OF
THE ARMED FORCES.
(a) Increase in Maximum Age Limit for Positions Subject to
FERS.--
(1) Law enforcement officers.--Section 3307(e) of title 5,
United States Code, is amended--
(A) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)''; and
(B) by adding at the end the following:
``(3) The maximum age limit for an original appointment to
a position as a law enforcement officer (as defined in
section 8401(17)) shall be 47 years of age, in the case of an
individual who on the effective date of such appointment is
eligible to receive retired pay or retainer pay for military
service, or pension or compensation from the Department of
Veterans Affairs instead of such retired or retainer pay.''.
(2) Other positions.--The maximum age limit for an original
appointment to a position as a member of the Capitol Police
or Supreme Court Police, nuclear materials courier (as
defined under section 8401(33) of such title), or customs and
border protection officer (as defined in section 8401(36) of
such title) shall be 47 years of age, in the case of an
individual who on the effective date of such appointment is
eligible to receive retired pay or retainer pay for military
service, or pension or compensation from the Department of
Veterans Affairs instead of such retired or retainer pay.
(b) Eligibility for Annuity.--Section 8412(d) of such title
is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by adding ``or'' at the end; and
(3) by inserting after paragraph (2) the following:
``(3) after becoming 57 years of age and completing 10
years of service as a law enforcement officer, member of the
Capitol Police or Supreme Court Police, nuclear materials
courier, customs or border protection officer, or any
combination of such service totaling 10 years, if such
employee--
``(A) is originally appointed to a position as a law
enforcement officer, member of the Capitol Police or Supreme
Court Police, nuclear materials courier, or customs and
border protection officer on or after the effective date of
this paragraph under section 10(e) of the Careers for
Veterans Act of 2012; and
``(B) on the date that original appointment met the
requirements of section 3307(e)(2) of this title or section
10(a)(2) of the Careers for Veterans Act of 2012,''.
(c) Mandatory Separation.--Section 8425 of such title is
amended--
(1) in subsection (b)(1), in the first sentence, by
inserting ``, except that a law enforcement officer, nuclear
materials courier, or customs and border protection officer
eligible for retirement under section 8412(d)(3) shall be
separated from the service on the last day of the month in
which that employee becomes 57 years of age'' before the
period;
(2) in subsection (c), in the first sentence, by inserting
``, except that a member of the Capitol Police eligible for
retirement under section 8412(d)(3) shall be separated from
the service on the last day of the month in which that
employee becomes 57 years of age'' before the period; and
(3) in subsection (d), in the first sentence, by inserting
``, except that a member of the Supreme Court Police eligible
for retirement under section 8412(d)(3) shall be separated
from the service on the last day of the month in which that
employee becomes 57 years of age'' before the period.
(d) Computation of Basic Annuity.--Section 8415(e) of such
title is amended--
(1) in paragraph (1), by striking ``total service as'' and
inserting ``civilian service as a law enforcement officer,
member of the Capitol Police or Supreme Court Police, nuclear
materials courier, customs and border protection officer, or
air traffic controller that, in the aggregate,''; and
(2) in paragraph (2), by striking ``so much of such
individual's total service as exceeds 20 years'' and
inserting ``the remainder of such individual's total
service''.
(e) Effective Date.--This section (including the amendments
made by this section) shall take effect 60 days after the
date of enactment of this Act and shall apply to appointments
made on or after that effective date.
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