SECTION 1. PURPOSE.

    The purpose of this Act is to authorize and provide funding for the
Bureau of Reclamation to continue the implementation of the endangered
fish recovery implementation programs for the Upper Colorado and San
Juan River Basins in order to accomplish the objectives of these
programs within a currently established time schedule.

SEC. 2. DEFINITIONS.

    As used in this Act:
        (1) The term ``Recovery Implementation Programs'' means the
    intergovernmental programs established pursuant to the 1988
    Cooperative Agreement to implement the Recovery Implementation
    Program for the Endangered Fish Species in the Upper Colorado River
    dated September 29, 1987, and the 1992 Cooperative Agreement to
    implement the San Juan River Recovery Implementation Program dated
    October 21, 1992, and as they may be amended by the parties
    thereto.
        (2) The term ``Secretary'' means the Secretary of the Interior.
        (3) The term ``Upper Division States'' means the States of
    Colorado, New Mexico, Utah, and Wyoming.
        (4) The term ``Colorado River Storage Project'' or ``storage
    project'' means those dams, reservoirs, power plants, and other
    appurtenant project facilities and features authorized by and
    constructed in accordance with the Colorado River Storage Project
    Act (43 U.S.C. 620 et seq.).
        (5) The term ``capital projects'' means planning, design,
    permitting or other compliance, pre-construction activities,
    construction, construction management, and replacement of
    facilities, and the acquisition of interests in land or water, as
    necessary to carry out the Recovery Implementation Programs.
        (6) The term ``facilities'' includes facilities for the genetic
    conservation or propagation of the endangered fishes, those for the
    restoration of floodplain habitat or fish passage, those for
    control or supply of instream flows, and those for the removal or
    translocation of nonnative fishes.
        (7) The term ``interests in land and water'' includes, but is
    not limited to, long-term leases and easements, and long-term
    enforcement, or other agreements protecting instream flows.
        (8) The term ``base funding'' means funding for operation and
    maintenance of capital projects, implementation of recovery actions
    other than capital projects, monitoring and research to evaluate
    the need for or effectiveness of any recovery action, and program
    management, as necessary to carry out the Recovery Implementation
    Programs. Base funding also includes annual funding provided under
    the terms of the 1988 Cooperative Agreement and the 1992
    Cooperative Agreement.
        (9) The term ``recovery actions other than capital projects''
    includes short-term leases and agreements for interests in land,
    water, and facilities; the reintroduction or augmentation of
    endangered fish stocks; and the removal, translocation, or other
    control of nonnative fishes.
        (10) The term ``depletion charge'' means a one-time
    contribution in dollars per acre-foot to be paid to the United
    States Fish and Wildlife Service based on the average annual new
    depletion by each project.

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

    (a) Authorization of Appropriations for Federal Participation in
Capital Projects.--(1) There is hereby authorized to be appropriated to
the Secretary, $46,000,000 to undertake capital projects to carry out
the purposes of this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
    (2) The authority of the Secretary, acting through the Bureau of
Reclamation, under this or any other provision of law to implement
capital projects for the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin shall expire in fiscal
year 2005 unless reauthorized by an Act of Congress.
    (3) The authority of the Secretary to implement the capital
projects for the San Juan River Basin Recovery Implementation Program
shall expire in fiscal year 2007 unless reauthorized by an Act of
Congress.
    (b) Cost of Capital Projects.--The total costs of the capital
projects undertaken for the Recovery Implementation Programs receiving
assistance under this Act shall not exceed $100,000,000 of which--
        (1) costs shall not exceed $82,000,000 for the Recovery
    Implementation Program for Endangered Fish Species in the Upper
    Colorado River Basin through fiscal year 2005; and
        (2) costs shall not exceed $18,000,000 for the San Juan River
    Recovery Implementation Program through fiscal year 2007.
The amounts set forth in this subsection shall be adjusted by the
Secretary for inflation in each fiscal year beginning after the
enactment of this Act.
    (c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through the Bureau of Reclamation, may accept
contributed funds from the Upper Division States, or political
subdivisions or organizations with the Upper Division States, pursuant
to agreements that provide for the contributions to be used for capital
projects costs. Such non-Federal contributions shall not exceed
$17,000,000.
    (2) In addition to the contribution described in paragraph (1), the
Secretary of Energy, acting through the Western Area Power
Administration, and the Secretary of the Interior, acting through the
Bureau of Reclamation, may utilize power revenues collected pursuant to
the Colorado River Storage Project Act to carry out the purposes of
this subsection. Such funds shall be treated as reimbursable costs
assigned to power for repayment under section 5 of the Colorado River
Storage Project Act. This additional contribution shall not exceed
$17,000,000. Such funds shall be considered a non-Federal contribution
for the purposes of this Act. The funding authorized by this paragraph
over any 2-fiscal-year period shall be made available in amounts equal
to the contributions for the same 2-fiscal-year period made by the
Upper Division States pursuant to paragraph (1).
    (3) The additional funding provided pursuant to paragraph (2) may
be provided through loans from the Colorado Water Conservation Board
Construction Fund (37-60-121 C.R.S.) to the Western Area Power
Administration in lieu of funds which would otherwise be collected from
power revenues and used for storage project repayments. The Western
Area Power Administration is authorized to repay such loan or loans
from power revenues collected beginning in fiscal year 2012, subject to
an agreement between the Colorado Water Conservation Board, the Western
Area Power Administration, and the Bureau of Reclamation. The agreement
and any future loan contracts that may be entered into by the Colorado
Water Conservation Board, the Western Area Power Administration, and
the Bureau of Reclamation shall be negotiated in consultation with Salt
Lake City Area Integrated Projects Firm Power Contractors. The
agreement and loan contracts shall include provisions designed to
minimize impacts on electrical power rates and shall ensure that loan
repayment to the Colorado Water Conservation Board, including principal
and interest, is completed no later than September 30, 2057. The
Western Area Power Administration is authorized to include in power
rates such sums as are necessary to carry out this paragraph and
paragraph (2).
    (4) All contributions made pursuant to this subsection shall be in
addition to the cost of replacement power purchased due to modifying
the operation of the Colorado River Storage Project and the capital
cost of water from Wolford Mountain Reservoir in Colorado. Such costs
shall be considered as non-Federal contributions, not to exceed
$20,000,000.
    (d) Base Funding.--(1) Beginning in the first fiscal year
commencing after the date of the enactment of this Act, the Secretary
may utilize power revenues collected pursuant to the Colorado River
Storage Project Act for the annual base funding contributions to the
Recovery Implementation Programs by the Bureau of Reclamation. Such
funding shall be treated as nonreimbursable and as having been repaid
and returned to the general fund of the Treasury as costs assigned to
power for repayment under section 5 of the Colorado River Storage
Project Act.
    (2) For the Recovery Implementation Program for the Endangered Fish
Species in the Upper Colorado River Basin, the contributions to base
funding referred to in paragraph (1) shall not exceed $4,000,000 per
year. For the San Juan River Recovery Implementation Program, such
contributions shall not exceed $2,000,000 per year. The Secretary shall
adjust such amounts for inflation in fiscal years commencing after the
enactment of this Act. The utilization of power revenues for annual
base funding shall cease after the fiscal year 2011, unless
reauthorized by Congress; except that power revenues may continue to be
utilized to fund the operation and maintenance of capital projects and
monitoring. No later than the end of fiscal year 2008, the Secretary
shall submit a report on the utilization of power revenues for base
funding to the appropriate Committees of the United States Senate and
the House of Representatives. The Secretary shall also make a
recommendation in such report regarding the need for continued base
funding after fiscal year 2011 that may be required to fulfill the
goals of the Recovery Implementation Programs. Nothing in this Act
shall otherwise modify or amend existing agreements among participants
regarding base funding and depletion charges for the Recovery
Implementation Programs.
    (3) The Western Area Power Administration and the Bureau of
Reclamation shall maintain sufficient revenues in the Colorado River
Basin Fund to meet their obligation to provide base funding in
accordance with paragraph (2). If the Western Area Power Administration
and the Bureau of Reclamation determine that the funds in the Colorado
River Basin Fund will not be sufficient to meet the obligations of
section 5(c)(1) of the Colorado River Storage Project Act for a 3-year
period, the Western Area Power Administration and the Bureau of
Reclamation shall request appropriations to meet base funding
obligations.
    (e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
under this Act shall be retained for use in future fiscal years.
Unexpended funds under this Act that are carried over shall continue to
be used to implement the capital projects needed for the Recovery
Implementation Programs.
    (f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities, acquire and
transfer interests in land, water, and facilities, and accept or give
grants in order to carry out the purposes of this Act.
    (g) Indian Trust Assets.--The Congress finds that much of the
potential water development in the San Juan River Basin and in the
Duchesne River Basin (a subbasin of the Green River in the Upper
Colorado River Basin) is for the benefit of Indian tribes and most of
the federally designated critical habitat for the endangered fish
species in the San Juan River Basin is on Indian trust lands, and 2\1/
2\ miles of critical habitat on the Duchesne River is on Indian Trust
Land. Nothing in this Act shall be construed to restrict the Secretary,
acting through the Bureau of Reclamation and the Bureau of Indian
Affairs, from funding activities or capital projects in accordance with
the Federal Government's Indian trust responsibility.
    (h) Termination of Authority.--All authorities provided by this
section for the respective Recovery Implementation Program shall
terminate upon expiration of the current time period for the respective
Cooperative Agreement referenced in section 2(1) unless, at least 1
year prior to such expiration, the time period for the respective
Cooperative Agreement is extended to conform with this Act.

SEC. 4. EFFECT ON RECLAMATION LAW.

    Specifically with regard to the acreage limitation provisions of
Federal reclamation law, any action taken pursuant to or in furtherance
of this title will not--
        (1) be considered in determining whether a district as defined
    in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C.
    390bb) has discharged its obligation to repay the construction cost
    of project facilities used to make irrigation water available for
    delivery to land in the district;
        (2) serve as the basis for reinstating acreage limitation
    provisions in a district that has completed payment of its
    construction obligations; or
        (3) serve as the basis for increasing the construction
    repayment obligation of the district and thereby extending the
    period during which the acreage limitation provisions will apply.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Authorizes: (1) the Secretary to accept up to $17 million in contributed funds from Colorado, New Mexico, Utah, and Wyoming , or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs. (2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects up to $17 million in power revenues collected pursuant to the Colorado River Storage Project Act. And (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues for base funding. Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. Terminates all authorities for the respective Program upon the expiration of the current time period for the respective Cooperative Agreement unless, at least one year prior to expiration, the time period for such Agreement is extended. Provides that no action taken pursuant to this Act shall: (1) be considered in determining whether a district has discharged its obligation to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district. (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of its construction obligations. Or (3) serve as the basis for increasing the construction repayment obligation of the district and thereby extending the period during which the acreage limitation provisions will apply.

To authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Gardening and Nutrition
Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A community garden improves the quality of life,
        encourages self-reliance, produces highly nutritious food,
        reduces family food budgets, and creates opportunities for
        recreation, social interaction, exercise, education, and
        economic development for people participating in the garden.
            (2) The creation of community gardens has been an effective
        approach to cleaning up and maintaining abandoned vacant lots.
            (3) Many community gardens donate fresh fruits and
        vegetables to local food pantries, cooperatives, and homeless
        members of the community, and provide for a source of fresh
        fruits and vegetables for participants of the gardens.
            (4) An August 2013 report by the Union of Concerned
        Scientists entitled ``The $11 Trillion Reward'' concluded that
        if Americans were to eat 2.5 cups of vegetables and 2 cups of
        fruit daily, as recommended by Federal dietary guidelines,
        nearly 130,000 deaths could be prevented and $17 billion could
        be saved in medical costs.
            (5) The Department of Health and Human Services recommends
        eating more dark green vegetables, legumes, and fruits; and
        eating fewer refined grains, less fat, and fewer calories.
            (6) A 2010 review of the Nutritional Implications of
        Farmers' Markets and Community Gardens published by the Journal
        of the American Dietetic Association found that community
        gardens promote healthy behaviors.
            (7) A 2011 pilot study entitled ``LA Sprouts'' published by
        the Journal of the American Dietetic Association found that
        teaching gardening and nutrition improved the dietary intakes
        of children and reduced childhood obesity.

SEC. 3. COMMUNITY GARDEN PILOT PROGRAM.

    (a) Purpose.--Section 103(a) of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4953(a)) is amended--
            (1) in paragraph (12) by striking ``and'' at the end;
            (2) in paragraph (13) by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(14) in establishing initiatives that address the health
        and nutrition of individuals in low-income and underserved
        communities, including by--
                    ``(A) creating new community gardens and supporting
                and expanding existing community gardens;
                    ``(B) recruiting local community members to
                actively engage in community gardens and gardening
                projects;
                    ``(C) transforming vacant places into community
                garden plots;
                    ``(D) increasing access for community members to
                healthy foods and local foods while also encouraging
                community members to stay active;
                    ``(E) expanding anti-poverty efforts by teaching
                basic nutrition and self-reliance through community
                gardening programs; and
                    ``(F) developing initiatives that increase access
                to healthy, locally grown foods for the community at
                large.''.
    (b) Establishment.--Part A of title I of such Act (42 U.S.C. 4951
et seq.) is amended by adding at the end the following:

``SEC. 110. COMMUNITY GARDEN PILOT PROGRAM.

    ``(a) The Director shall establish a Community Garden Pilot Program
for the purpose of carrying out the work described under section
103(a)(14). In conducting the Program, the Director shall carry out no
less than 40 projects.
    ``(b) In carrying out the Program established under subsection (a),
the Director shall give priority to--
            ``(1) volunteers with experience in health, nutrition, and
        gardening;
            ``(2) projects located in varied geographic regions; and
            ``(3) selecting a balance of urban and rural projects.''.
    (c) Authorization.--Section 501(a) of such Act (42 U.S.C. 5081(a))
is amended by--
            (1) redesignating paragraph (3) as paragraph (4); and
            (2) inserting after paragraph (2) the following:
            ``(3) Community garden pilot program.--There are authorized
        to be appropriated to carry out section 110 of part A of title
        I $4,000,000 for fiscal year 2014 and such sums shall remain
        available until expended.''.
    (d) Clerical Amendment.--The table of contents in section 1(b) of
such Act (42 U.S.C. 4950) is amended by adding after the item relating
to section 109 the following new item:

``Sec. 110. Community Garden Pilot Program.''.

SEC. 4. REPORT.

    Not later than 90 days after the completion of the Community Garden
Pilot Program established under section 110(a) of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951(a)), the Assistant
Director appointed pursuant to section 194(d)(1)(A) of the National and
Community Service Act of 1990 (42 U.S.C. 12651e(d)(1)(A)), shall submit
to Congress a report containing--
            (1) a description of the projects and volunteer placements
        under the Program;
            (2) results and analysis of completed projects under the
        Program; and
            (3) any recommendations for continuation of the Program.

Summary: Community Gardening and Nutrition Act of 2014 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the Corporation for National and Community Service to establish a Community Garden Pilot Program under the Volunteers in Service to America (VISTA) program. Requires the Program to address the health and nutrition of individuals in low-income and underserved communities through activities that include: creating new community gardens and supporting and expanding existing community gardens. Recruiting local community members to actively engage in community gardens and gardening projects, transforming vacant places into community garden plots. Increasing community members' access to healthy foods and local foods while also encouraging them to stay active. Expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening. And developing initiatives that increase the community's access to healthy, locally grown foods. Requires the Director to carry out at least 40 projects under the Program. Requires the Director to give priority to: (1) volunteers with experience in health, nutrition, and gardening, (2) projects located in varied geographic regions, and (3) selecting a balance of urban and rural projects.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gender Advancement in Pay Act'' or
the ``GAP Act''.

SEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION.

    Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) is amended--
            (1) in paragraph (1)--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) by redesignating clause (iv) as clause (vi);
                    (C) by inserting before clause (vi), as
                redesignated by subparagraph (B) of this paragraph, the
                following: ``(iv) a differential based on expertise;
                (v) a shift differential; or''; and
                    (D) in clause (vi), as redesignated by subparagraph
                (B) of this paragraph, by striking ``any other factor
                other than sex'' and inserting ``a business-related
                factor other than sex, including but not limited to
                education, training, or experience'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
    ``(4) If a charge is filed by or on behalf of an employee for a
violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.), and an action is brought by or on behalf of the employee for
a violation of this subsection, with respect to the same practice, or
if an action is brought before the Equal Employment Opportunity
Commission by or on behalf of the employee for a violation of this
subsection, the statute of limitations for the action involved under
section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be
tolled until the earlier of--
            ``(A) the date on which the Equal Employment Opportunity
        Commission or the Attorney General brings an action or provides
        notification to the employee with respect to the charge under
        section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e-5(f)(1)); or
            ``(B) the date that is 270 days after the date on which
        such charge is filed.''.

SEC. 3. NONRETALIATION PROVISION.

    Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)
is amended--
            (1) in subsection (a)(3), by striking ``employee has
        filed'' and all that follows and inserting ``employee--
                    ``(A) has made a charge or filed any complaint or
                instituted or caused to be instituted any
                investigation, proceeding, hearing, or action under or
                related to this Act, including an investigation
                conducted by the employer, or has testified or is
                planning to testify or has assisted or participated in
                any manner in any such investigation, proceeding,
                hearing, or action, or has served or is planning to
                serve on an industry committee; or
                    ``(B) has inquired about, discussed, or disclosed
                the wages of the employee or another employee, or has
                declined to discuss or disclose the wages of the
                employee;''; and
            (2) by adding at the end the following:
    ``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in
which an employee who has access to the wage information of other
employees as a part of such employee's essential job functions
discloses the wages of any of such other employees to an individual who
does not otherwise have access to such information, unless such
disclosure is in response to a charge or complaint or in furtherance of
an investigation, proceeding, hearing, or action under or related to
section 6(d), including an investigation conducted by the employer.
    ``(2) Any employer who requires an employee to sign a contract or
waiver that would prohibit the employee from disclosing information
about the employee's wages shall be considered to have committed an
unlawful act under subsection (a)(3)(B).
    ``(3) Nothing in this subsection shall be construed to limit the
rights of an employee provided under any other provision of law.''.

SEC. 4. CIVIL PENALTY.

    Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``(2)'' and inserting ``(2)(A)'';
                and
                    (B) by adding at the end the following:
    ``(B)(i) Any person who willfully violates section 6(d) shall be
subject to--
            ``(I) a civil penalty in an amount described in clause (ii)
        for each employee affected (less the amount of any penalty the
        person has paid under State law for the wage differential
        involved); and
            ``(II) any penalty that may apply under subparagraph (A).
    ``(ii) The amount referred to in clause (i)(I) shall be--
            ``(I) for an employer with not more than 100 employees, the
        lesser of the amount of the liquidated damages available under
        subsection (b) or (c), or $2,500;
            ``(II) for an employer with not less than 101 and not more
        than 200 employees, the lesser of the amount of the liquidated
        damages available under subsection (b) or (c), or $5,000;
            ``(III) for an employer with not less than 201 and not more
        than 500 employees, the lesser of the amount of the liquidated
        damages available under subsection (b) or (c), or $10,000; and
            ``(IV) for an employer with not less than 501 employees,
        the lesser of the amount of the liquidated damages available
        under subsection (b) or (c), or $15,000.'';
            (2) in paragraph (3), in the first sentence, by striking
        ``this subsection'' and inserting ``this subsection (other than
        paragraph (2)(B)); and
            (3) in paragraph (5)--
                    (A) in the first sentence, by striking ``violations
                of section 12'' and inserting ``violations of section
                6(d) or section 12''; and
                    (B) by inserting after the first sentence the
                following: ``Civil penalties collected for violations
                of section 6(d) shall be deposited in the account
                created under section 5(d) of the GAP Act.''.

SEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY.

    (a) Joint Study.--Using funds from the account created under
subsection (d), the Secretary of Labor, together with the Secretary of
Education, shall conduct a multistate study, through a grant to a
nonprofit research institution, that includes strategies to increase
the participation of women in--
            (1) high-wage, high-demand occupations; and
            (2) industries in which women are underrepresented.
    (b) Comptroller General Study.--Using funds from the account
created under subsection (d), the Comptroller General of the United
States shall conduct a multistate study to develop strategies described
in subsection (a).
    (c) Reports.--Not later than 2 years after the date of enactment of
this Act--
            (1) the Secretary of Labor and the Secretary of Education
        shall submit to Congress a report containing--
                    (A) a statement of the findings and conclusions of
                the study under subsection (a); and
                    (B) any recommendations the Secretary of Labor and
                the Secretary of Education consider appropriate based
                on their conclusions;
            (2) the Comptroller General shall submit to Congress a
        report containing--
                    (A) a statement of the findings and conclusions of
                the study under subsection (b); and
                    (B) any recommendations the Comptroller General
                considers appropriate based on its conclusions; and
            (3) the Secretary of Labor, the Secretary of Education, and
        the Comptroller General shall make available to the public the
        reports described in this subsection.
    (d) Accounts.--
            (1) In general.--The Secretary of Labor shall create an
        account to manage the funds required to conduct the studies
        under subsections (a) and (b) and to complete the reports under
        subsection (c). The account shall contain the civil penalties
        collected under section 16(e)(2) of the Fair Labor Standards
        Act of 1938 (29 U.S.C. 216(e)(2)).
            (2) Withdrawal of funds.--The Secretary of Labor is
        authorized to withdraw funds from the account created under
        subsection (d) to carry out the joint study under subsection
        (a).
            (3) Transfer of funds.--At the request of the Comptroller
        General, the Secretary of Labor shall transfer to the
        Comptroller General the funds required to carry out the study
        under subsection (b).

SEC. 6. SMALL BUSINESS ASSISTANCE.

    (a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is 6 months after the date of
enactment of this Act.
    (b) Technical Assistance Materials.--The Secretary of Labor and the
Equal Employment Opportunity Commission shall jointly develop technical
assistance materials to assist small businesses in complying with the
requirements of this Act and the amendments made by this Act.
    (c) Small Businesses.--A small business shall be exempt from the
provisions of this Act, and the amendments made by this Act, to the
same extent that such business is exempt from the requirements of the
Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of
section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act, or in any amendment made by this Act, shall
affect the obligation of employers and employees to fully comply with
all applicable immigration laws, including any penalties, fines, or
other sanctions.

Summary: Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies.

GAP Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Institution Customer
Protection Act of 2014''.

SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
              ORDERS.

    (a) Termination Requests or Orders Must Be Material.--
            (1) In general.--An appropriate Federal banking agency may
        not suggest, request, or order a depository institution to
        terminate a specific customer account or to otherwise restrict
        or discourage a depository institution from entering into or
        maintaining a banking relationship with a specific customer
        unless--
                    (A) the agency has a material reason for such
                suggestion, request, or order; and
                    (B) such reason is not based solely on reputation
                risk.
            (2) Treatment of national security threats.--If an
        appropriate Federal banking agency believes a specific customer
        poses a threat to national security, including any belief that
        such customer is involved in terrorist financing, such belief
        shall satisfy the materiality requirement under paragraph
        (1)(A).
            (3) Rulemaking.--Not later than the end of the 60-day
        period beginning on the date of the enactment of this Act, the
        appropriate Federal banking agencies shall, jointly, issue
        regulations defining the term ``reputation risk'' for purposes
        of this section.
    (b) Notice Requirement.--
            (1) In general.--If an appropriate Federal banking agency
        suggests, requests, or orders a depository institution to
        terminate a specific customer account, the agency shall--
                    (A) provide such suggestion, request, or order to
                the institution in writing; and
                    (B) accompany such suggestion, request, or order
                with a justification for why such termination is
                needed, including any specific laws or regulations the
                agency believes are being violated by the customer, if
                any.
            (2) Justification requirement.--A justification described
        under paragraph (1)(B) may not be based solely on the
        reputation risk to the depository institution.
    (c) Customer Notice.--
            (1) Notice not required.--Nothing in this section shall be
        construed as requiring a depository institution or an
        appropriate Federal banking agency to inform a customer of the
        justification for the customer's account termination described
        under subsection (b).
            (2) Notice prohibited in cases of national security.--If an
        appropriate Federal banking agency suggests, requests, or
        orders a depository institution to terminate a specific
        customer account based on a belief that the customer poses a
        threat to national security, neither the depository institution
        nor the appropriate Federal banking agency may inform the
        customer of the justification for the customer's account
        termination.
    (d) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to the Congress stating--
            (1) the aggregate number of specific customer accounts that
        the agency suggested, requested, or ordered a depository
        institution to terminate during the previous year; and
            (2) the legal authority under which the agency made such
        suggestions, requests, and orders.
    (e) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term
        ``appropriate Federal banking agency'' means--
                    (A) the appropriate Federal banking agency, as
                defined under section 3 of the Federal Deposit
                Insurance Act (12 U.S.C. 1813); and
                    (B) the National Credit Union Administration, in
                the case of an insured credit union.
            (2) Depository institution.--The term ``depository
        institution'' means--
                    (A) a depository institution, as defined under
                section 3 of the Federal Deposit Insurance Act (12
                U.S.C. 1813); and
                    (B) an insured credit union.

SEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
              ENFORCEMENT ACT OF 1989.

    Section 951 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1833a) is amended--
            (1) in subsection (c)(2), by striking ``affecting'' and
        inserting ``by or against''; and
            (2) in subsection (g)--
                    (A) in the header, by striking ``Subpoenas'' and
                inserting ``Investigations''; and
                    (B) by amending paragraph (1)(C) to read as
                follows:
                    ``(C) summon witnesses and require the production
                of any books, papers, correspondence, memoranda, or
                other records which the Attorney General deems relevant
                or material to the inquiry, if the Attorney General--
                            ``(i) requests a court order from a court
                        of competent jurisdiction for such actions and
                        offers specific and articulable facts showing
                        that there are reasonable grounds to believe
                        that the information or testimony sought is
                        relevant and material for conducting an
                        investigation under this section; or
                            ``(ii) either personally or through
                        delegation no lower than the Deputy Attorney
                        General, issues and signs a subpoena for such
                        actions and has reasonable grounds to believe
                        that the information or testimony sought is
                        relevant for conducting an investigation under
                        this section.''.

Summary: Financial Institution Customer Protection Act of 2014 - Prohibits a federal banking agency from suggesting, requesting, or ordering a depository institution to terminate a specific customer account, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk. Prescribes requirements for notice from the federal banking agency to the depository institution about such a customer account restriction or termination. But states that notice to the customer is not required. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Tampering of Prescription Pills
Act of 2015''.

SEC. 2. ABUSE-DETERRENT TECHNOLOGY.

    (a) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
    ``(ss) The term `abuse-deterrent drug' means a drug that--
            ``(1) contains as an active moiety a controlled substance
        that has been classified as opium, an opiate, or a derivative
        thereof, as such terms are defined or used in section 102 of
        the Controlled Substances Act;
            ``(2) has been formulated for oral administration; and
            ``(3)(A) exhibits physicochemical properties (demonstrated
        by in vitro, in vivo, or other testing, or some combination
        thereof, as determined appropriate by the Secretary) that make
        product manipulation significantly more difficult or
        ineffective in altering the characteristics of the drug for
        purposes of misuse or abuse when compared to drugs without such
        properties; or
            ``(B) contains one or more additional active or inactive
        ingredients that are intended to deter abuse through potential
        pharmacological effects, the effectiveness of which has been
        demonstrated by at least one adequate and well-controlled
        investigation.''.
    (b) Required Information in Application for Approval of Brand Name
Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)) is amended by adding at the end the following:
            ``(7) Abuse-deterrent drugs.--If an application submitted
        under this subsection is potentially subject to refusal under
        subsection (d)(7), the application shall include such
        information as the Secretary determines necessary to
        demonstrate that the application is not subject to such
        refusal.''.
    (c) Approval of New Brand Name Drugs.--Section 505(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended--
            (1) by inserting ``(7)(A) such drug has been formulated for
        oral administration; (B) such drug contains as an active moiety
        a controlled substance that has been classified as opium, an
        opiate, or a derivative thereof, as such terms are defined or
        used in section 102 of the Controlled Substances Act; (C) such
        drug is not an abuse-deterrent drug; and (D) the Secretary has
        previously approved pursuant to an application submitted under
        subsection (b) or (j) a drug that (i) contains the same active
        moiety; (ii) is an abuse-deterrent drug, and (iii) has not been
        discontinued from marketing; or'' after ``(6) the application
        failed to contain the patent information prescribed by
        subsection (b); or'';
            (2) by striking ``(7) based on fair'' and inserting ``(8)
        based on fair'';
            (3) by striking ``clauses (1) through (6)'' and inserting
        ``paragraphs (1) through (7)''; and
            (4) by inserting ``The Secretary may issue an order
        approving an application, even if paragraph (7) applies, upon a
        finding that paragraphs (1) through (6) and paragraph (8) do
        not apply and that such approval is necessary either to prevent
        or alleviate a drug shortage or to otherwise address a
        significant unmet public health need.'' before ``As used in
        this subsection and subsection (e)''.
    (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) is amended--
            (1) in paragraph (2)--
                    (A) subparagraph (A)--
                            (i) in clause (vii), by striking ``and'' at
                        the end;
                            (ii) in clause (viii), by striking the
                        period at the end and inserting ``; and'';
                            (iii) by inserting after clause (viii) the
                        following:
                    ``(ix) if the listed drug is an abuse-deterrent
                drug due to its physicochemical properties, information
                from comparative in vitro, in vivo, or other testing,
                or some combination thereof, as appropriate based on
                the type of data submitted for the listed drug, that
                demonstrates the new drug resists manipulation or the
                effect of manipulation to a degree at least comparable
                to the listed drug.''; and
                            (iv) in the continuation text at the end of
                        the subparagraph, by striking ``clauses (i)
                        through (viii)'' and inserting ``clauses (i)
                        through (ix)'';
                    (B) in subparagraph (C)--
                            (i) in clause (i), by striking ``or'' at
                        the end;
                            (ii) in clause (ii), by striking the period
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(iii) that the listed drug is an abuse-deterrent
                drug and one or more of the new drug's active moieties
                differ in any material respect (in amount or otherwise)
                from those of the listed drug.'';
            (2) in paragraph (5), by adding at the end the following:
            ``(G) If a drug has been approved pursuant to an
        application submitted under paragraph (2), and thereafter the
        listed drug referred to in the application becomes an abuse-
        deterrent drug, the drug so approved shall not be considered to
        be bioequivalent to, or to have the same therapeutic effect as,
        the listed drug (as described in paragraph (2)(A)(iv)) unless
        and until the drug so approved has been found by the Secretary
        to meet the requirements of paragraph (2)(A)(ix).''; and
            (3) in paragraph (6)--
                    (A) by striking ``(6) If a drug'' and inserting
                ``(6)(A) If a drug'';
                    (B) by striking ``(A) for the'' and inserting ``(i)
                for the'';
                    (C) by striking ``(B) if the'' and inserting ``(ii)
                if the''; and
                    (D) by adding at the end the following:
            ``(B) For purposes of this paragraph and paragraph (7)(C),
        a withdrawal or suspension of a drug formulated for oral
        administration shall be considered to have been for safety or
        effectiveness reasons if--
                    ``(i) the approval of a listed drug, which is not
                an abuse-deterrent drug, is withdrawn or suspended, or
                a listed drug, which is not an abuse-deterrent drug, is
                withdrawn from sale; and
                    ``(ii) the Secretary has previously approved
                pursuant to an application under subsection (b) a drug
                that--
                            ``(I) is in the same dosage form;
                            ``(II) contains the same controlled
                        substance as an active moiety;
                            ``(III) is an abuse-deterrent drug; and
                            ``(IV) has not been discontinued from
                        marketing.''.
    (e) Withdrawal of Previously Approved Brand Name and Generic
Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(e)) is amended--
            (1) by inserting ``or (6)(A) the drug contains as an active
        moiety a controlled substance that has been classified as
        opium, an opiate, or a derivative thereof, as such terms are
        defined or used in section 102 of the Controlled Substances
        Act; (B) the drug is formulated for oral administration; (C)
        the drug is not an abuse-deterrent drug; and (D) the Secretary
        has previously approved pursuant to an application submitted
        under subsection (b) or (j) a drug that contains the same
        active moiety, is an abuse-deterrent drug, and has not been
        discontinued from marketing'' before ``: Provided,''; and
            (2) by adding at the end the following: ``The Secretary may
        waive the application of paragraph (6) of the first sentence of
        this subsection in the case of a drug intended for use in a
        special needs population. In withdrawing (under paragraph (6)
        of the first sentence of this subsection) the approval of an
        application with respect to any drug, the Secretary shall, on a
        case-by-case basis, delay the effective date of such withdrawal
        for a period deemed sufficient by the Secretary to give the
        sponsor an opportunity to obtain approval under this section
        for a formulation of the drug meeting the criteria described in
        paragraph (2) of the definition of a''abuse-deterrent drug`` in
        section 201(ss).''.
    (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the
following:
            ``(D) Beginning 60 days after the date of the enactment of
        the Stop Tampering of Prescription Pills Act of 2015, the
        Secretary shall--
                    ``(i) include in the list under subparagraph (A) a
                list of each drug or category of drugs which the
                Secretary has found to be abuse-deterrent drugs; and
                    ``(ii) update the list under subparagraph (A)--
                            ``(I) to remove from the list of abuse-
                        deterrent drugs any drug the Secretary later
                        determines is not an abuse-deterrent drug; and
                            ``(II) as required by subparagraph (C) to
                        reflect the application of paragraph (6)(B) to
                        drugs that are withdrawn or suspended.''.

Summary: Stop Tampering of Prescription Pills Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to deny approval to a new oral opioid that does not have properties that make the drug significantly more difficult to abuse if an abuse-deterrent drug containing the same opioid is available. The FDA may approve an opioid drug that is not abuse-deterrent if approval is necessary to prevent or alleviate a drug shortage or to address a significant unmet public health need. To be approved by the FDA, a generic version of an abuse-deterrent brand name drug must be at least comparably abuse-deterrent and its active components must not differ in any material respect from the brand name drug. An approved generic drug is not bioequivalent to, and does not have the same therapeutic effect as, a brand name drug that becomes abuse-deterrent unless the generic drug is at least comparably abuse-deterrent. Approval of a generic oral opioid is withdrawn if the brand name drug is not abuse-deterrent and not available and there is an approved abuse-deterrent drug available that contains the same opioid in the same dose. Approval of an oral opioid is withdrawn if the drug is not abuse-deterrent and there is an approved abuse-deterrent drug available that contains the same opioid. Withdrawal of approval may be waived by the FDA for a drug intended for a special needs population. The FDA must delay withdrawal to give the drug sponsor an opportunity to obtain approval for an abuse-deterrent formulation of the drug.


entitled ``Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America', and for other
purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is
amended--
            (1) by adding at the end the following new section:

``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.

    ``(a) In General.--No textile fiber product shall have a stamp,
tag, label, or other means of identification or substitute therefore on
or affixed to the product stating `Made in the USA' or otherwise
stating or implying that the product was made or assembled in the
United States unless--
            ``(1) each individual providing direct labor in production
        of such textile fiber product was paid a wage equal to or
        greater than the wage set by section 8; and
            ``(2) the product was manufactured in compliance with all
        Federal laws relating to labor rights and working conditions,
        including, but not limited to, the National Labor Relations
Act, the Occupational Safety and Health Act of 1970, and the Fair Labor
Standards Act of 1938.
    ``(b) A textile fiber product which does not comply with subsection
(a) shall be deemed to be misbranded for purposes of the Textile Fiber
Products Identification Act (15 U.S.C. 70 et seq.).
    ``(c) Definition.--For purposes of this section the term `direct
labor' includes any work provided to prepare, assemble, process,
package, or transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.'';
            (2) by adding, after the new section added by paragraph
        (1), the following new section:

``SEC. 8. MINIMUM WAGE.

    ``The minimum wage provisions of the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
    ``(1) through December 31, 1997, the minimum wage applicable to the
Commonwealth of the Northern Mariana Islands shall be $3.55 per hour;
    ``(2) on January 1, 1998, and on July 1 and January 1 of each year
thereafter, the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands shall be $0.50 per hour more than the minimum
wage that was applicable to the Commonwealth of the Northern Mariana
Islands for the preceding six-month period until the minimum wage
applicable to the Commonwealth of the Northern Mariana Islands is equal
to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor
Standards Act of 1938; and
    ``(3) after the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands is equal to the minimum wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to
paragraph (2), the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands shall increase as necessary to remain equal to
the minimum wage rate set forth in section 6(a)(1) of the Fair Labor
Standards Act of 1938.''; and
            (3) by adding, after the new sections added by paragraphs
        (1) and (2), the following new section:

``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS.

    ``Section 506(a) of the foregoing Covenant shall be construed and
applied as if it included at the end the following subsection:
    ```(e)(1) For purposes of entry into the Northern Mariana Islands
by any individual (but not for purposes of entry by an individual into
the United States from the Northern Mariana Islands), the Immigration
and Nationality Act shall apply as if the Northern Mariana Islands were
a State (as defined in section 101(a)(36) of the Immigration and
Nationality Act). The Attorney General, acting through the Commissioner
of Immigration and Naturalization, shall enforce the preceding
sentence.
    ```(2) Notwithstanding paragraph (1), with respect to an individual
seeking entry into the Northern Mariana Islands for purposes of
employment in the textile, hotel, tourist, or construction industry
(including employment as a contractor), the Federal statutes and
regulations governing admission to Guam of individuals described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
shall apply. Such statutes and regulations shall be so applied by
substituting the term ``United States citizen, national, or resident
workers'' for the term ``United States resident workers'', and by
substituting the term ``the Northern Mariana Islands'' for the term
``Guam'' each place it appears.
    ```(3) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration
officers.'.''.

SEC. 4. REPORT.

    (a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall include the results of
the study required by subsection (b) in the annual report transmitted
to Congress which is entitled ``Federal-CNMI Initiative on Labor,
Immigration, and Law Enforcement''.
    (b) Study.--A study shall be conducted of the extent of human
rights violations and labor rights violations in the Commonwealth of
the Northern Mariana Islands, including the use of forced or indentured
labor, and any efforts being taken by the government of the United
States or the Commonwealth of the Northern Mariana Island to address or
prohibit such violations.
    (c) Consultation Regarding Study.--Appropriate local government
officials, law enforcement agencies, and non-governmental organizations
active in instituting and protecting human and labor rights may be
consulted when preparing and conducting the study required by
subsection (b).

SEC. 5. EFFECT ON OTHER LAW.

    The provisions of paragraph (1) of section 3 shall be in addition
to, but shall not otherwise modify, the requirements of the Textile
Fiber Products Identification Act (15 U.S.C. 70 et seq.).

SEC. 6. EFFECTIVE DATES.

    (a) Labeling of Textile Fiber Products; Immigration of Workers.--
The amendment made by paragraph (1) of section 3 and the provision of
the amendment made by paragraph (3) of section 3 which is designated as
``(e)(2)'' shall take effect on the date of the enactment of this Act.
    (b) Minimum Wage.--The amendment made by paragraph (2) of section 3
shall take effect 30 days after the date of the enactment of this Act.
    (c) Immigration.--Except as provided in subsection (a), the
amendment made by paragraph (3) of section 3 shall apply to individuals
entering the Northern Mariana Islands after the expiration of the 6-
month period beginning with the date of the enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

Summary: Insular Fair Wage and Human Rights Act of 1997 - Amends Federal law to prohibit the affixation of the Made in the USA label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount. And (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. Applies to the Northern Mariana Islands: (1) the Immigration and Nationality Act. And (2) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938. Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, which shall be included in the Secretary of the Interior's annual Federal-CNMI Initiative on Labor Immigration, and Law Enforcement report to the Congress. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soil and Water Protection Act of
1992''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) farmers, ranchers, and foresters have a sound
        understanding of protecting the Nation's rich natural
        resources;
            (2) soil and water damage and contamination have occurred
        and may occur in the future;
            (3) energy shortages have occurred and may occur in the
        future;
            (4) farmers, ranchers, and foresters are energy driven
        enterprises in conjunction with substantial soil and water
        usage;
            (5) farmers, ranchers and foresters can substantially make
        more efficient energy expenditures using energy saving
        management techniques;
            (6) practices such as fertility management, conservation
        tillage, and integrated pest management will provide future
        generations the enjoyment of improved environmental conditions
        such as better ground and surface water quality and soil
        fertility;
            (7) saving and conserving energy will benefit the public
        land; and
            (8) Federal agricultural policies and programs influence
        sound energy conservation and environmental objectives.

SEC. 3. FEDERAL ENERGY CONSERVATION PROGRAM.

    (a) Establishment.--The Secretary of Agriculture, acting through
the Soil Conservation Service, shall establish a Federal energy
conservation program.
    (b) Criteria.--The Federal energy conservation program shall target
and promote more efficient energy use in, and the conservation of
energy with respect to, tillage practices, chemical and fertilizer
management, irrigation management, livestock facility management,
horticulture, and wood utilization. The Secretary shall provide grants
and technical and educational assistance for projects in eligible
States including (but not limited to) projects for--
            (1) demonstrating the advantages of conservation tillage
        practices that promote energy efficiency and conservation;
            (2) training, pest scouting, and soil sampling in order to
        promote education concerning prescription application of animal
        manures, fertilizers, lime, soil conditioners and pesticide
        usage;
            (3) improving the efficient use of irrigation systems to
        reduce energy consumption;
            (4) managing livestock facilities for energy conservation;
            (5) managing horticultural facilities for energy
        conservation; and
            (6) improving efficiency in utilization of wood, including
        milling of forest products and the use of wood for production
        of energy.

SEC. 4. FEDERAL GRANTS.

    (a) In General.--The Secretary, through the Soil Conservation
Service, shall make grants to individuals or institutions that present
to the Secretary an application and a plan for the energy conservation
project--
            (1) which was developed in consultation with an individual
        recognized by the Secretary to have expertise in energy
        conservation; and
            (2) that is within an eligible State which has an energy
        conservation program.
    (b) Advice From State Agriculture Energy Conservation Review
Panel.--In making grants under this section, the Secretary shall take
into consideration the advice received from the State agriculture
energy conservation review panel pursuant to section 6(c)(2).
    (c) Limitations.--(1) Except as provided in paragraph (2), the
Federal grant under this section for a project may not exceed $5,000.
    (2) In the case of a project in which a school, hospital, or other
similar institution that is improving its energy efficiency by
converting its heating system to a wood burning system, the Federal
grant may not exceed $150,000.
    (3) Funds made available under this Act may not be used to pay for
labor costs associated with a project.
    (4) Grants for a project may not be made until after receipts have
been provided to the Secretary for the actual cost incurred for the
project.

SEC. 5. ALLOCATION AMONG ELIGIBLE STATES.

    The Secretary shall allocate funds made available to carry out this
Act for a fiscal year to each State which is eligible for assistance.
The allocation among States shall be equitable, based on the following:
            (1) The number and size of farms.
            (2) The potential for energy conservation.
            (3) The number and size of forest industries.
    The Secretary may allocate up to 25 percent of the funds allocated
to any State with substantial forest industry to forest energy
conservation projects.

SEC. 6. STATE PARTICIPATION AND ASSISTANCE.

    (a) Eligible State.--The Secretary may provide assistance under
this Act in a fiscal year for projects in a State which, before the
beginning of that fiscal year--
            (1) submits to the Secretary a plan describing in detail
        how the State will cooperate with the United States in carrying
        out this Act, including providing for--
                    (A) encouragement to persons to participate in the
                energy conservation program;
                    (B) criteria to be used for recommending projects
                to be funded by the program; and
                    (C) individuals with expertise in energy efficiency
                to advise program participants on energy conservation
                matters; and
            (2) has established an agriculture energy conservation
        review panel in accordance with subsection (c).
    (b) Cost Share.--The State may offer assistance and services in
cooperation with the Secretary to enhance energy conservation efforts
under this Act.
    (c) State Agriculture Energy Conservation Review Panel.--(1) An
eligible State, together with the United States, shall establish an
energy conservation review panel comprised of 6 members as follows:
            (A) The head of the State agricultural agency, or his
        designee.
            (B) The State forester or equivalent State official, or his
        designee.
            (C) The president of that State's Association of
        Conservation Districts, or his designee.
            (D) The State conservationist of the Soil Conservation
        Service for that State, or his designee.
            (E) The Cooperative Research Service Director for that
        State, or his designee.
            (F) The Cooperative Extension Director for the State, or
        his designee.
    (2) The State agriculture energy conservation review panel shall
advise and recommend to the Secretary those projects that meet the
requirements of this Act. In providing such advice and recommendations,
the panel shall review and evaluate each project using the criteria
referred to in subsection (a)(1)(B).

SEC. 7. DEMONSTRATIONS, EDUCATION, AND TECHNICAL ASSISTANCE.

    (a) Agricultural Experiment Stations.--The Secretary shall
establish and maintain demonstrations of energy-saving and energy
efficient practices at agricultural experiment stations that can be
implemented by agriculture procedures and the public.
    (b) Extension Service.--The Secretary, through the Extension
Service, shall disseminate informational and educational materials and
conduct demonstrations and training sessions.
    (c) Technical and Material Assistance.--In carrying out the Federal
energy conservation program, the Secretary, acting through the Soil
Conservation Service, shall provide such technical and material
assistance to participants as the Secretary determines appropriate.

SEC. 8. REPORT.

    Not later than March 31, 1994 and annually thereafter, the
Secretary shall submit a report to the Congress describing the results
of the Federal energy conservation program. In particular, the report
shall include--
            (1) the number and identification of States participating
        in the program;
            (2) a description of the projects for which grants were
        made pursuant to the program;
            (3) the energy efficiency practices performed and the
        estimated amount of conservation energy use as a result of the
        program; and
            (4) the number of States expected to participate in the
        program the next fiscal year.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $150,000,000 for each of the
fiscal years 1994 through 1996 to carry out this Act.

Summary: Soil and Water Protection Act of 1992 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation grant program.

Soil and Water Protection Act of 1992


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Holocaust
Accountability in Insurance Measure''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) between 1933 and 1945, the Nazi regime and its
        collaborators conducted systematic, bureaucratic, and State-
        sponsored persecution and murder of approximately six million
        Jews--the genocidal act known as the Holocaust;
            (2) before and during World War II, millions of European
        Jews had purchased, in good faith, life insurance policies with
        certain European insurance companies because these policies
        were a popular form of savings and investment that provided a
        means of safeguarding a family's assets, assisting in
        retirement planning, providing for a dowry, or saving for the
        education of children;
            (3) after the Nazis came to power in Germany, they
        systematically confiscated the insurance assets, including the
        cash value of life insurance policies, of Jews and other
        designated enemies of the Nazi regime;
            (4) after the conclusion of World War II, European insurers
        often rejected insurance claims of Holocaust victims and heirs
        who lacked required documentation, such as death certificates;
            (5) during the 50 years since the end of the war, only a
        small percentage of Holocaust victims and their families have
        been successful in collecting on their policies;
            (6) in 1998, the International Commission on Holocaust Era
        Insurance Claims (ICHEIC) was established by U.S. State
        insurance regulators, European insurers, and certain
        nongovernmental organizations to act as a facilitator between
        insurers and beneficiaries to help expedite payouts on
        contested insurance policies;
            (7) to date ICHEIC has received over 90,000 claims and has
        only made 2,281 settlement offers, which amounts to less than a
        3% success rate;
            (8) these insurance payments should be expedited to the
        victims of the most heinous crime of the 20th century to ensure
        that they do not become victims a second time;
            (9) States should be allowed to collect Holocaust-era
        insurance information from foreign-based insurance companies
        that want to do business in the State; and
            (10) Holocaust victims and their families should be able to
        recover claims on Holocaust era insurance policies in Federal
        court when they deem it necessary to seek redress through the
        judicial system.

SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS FOR CONDUCTING
              INSURANCE BUSINESS.

    (a) In General.--A State may establish requirements on insurers as
a condition of doing insurance business in that State, to the extent
such requirements are consistent with the due process guarantees of the
Constitution of the United States, as follows:
            (1) Information requirements.--The State may require that
        an insurer provide to the State the following information
        regarding Holocaust era insurance policies:
                    (A) Whether the insurer, or any affiliate or
                predecessor company, sold any such policies.
                    (B) The number of such policies sold by the
                insurer, and any affiliates and predecessor companies,
                and the number the insurer and its affiliates currently
                have in their possession.
                    (C) The identity of the holder and beneficiary of
                each such policy sold or held and current status of
                each such policy.
                    (D) The city of origin, domicile, and address for
                each policyholder listed.
                    (E) If an insurer has no such policies to report
                because records are no longer in the possession of the
                insurer or its affiliates, a statement explaining the
                reasons for the lack of possession of such records.
                    (F) Any other information regarding such policies
                as the State considers appropriate.
            (2) Requirements regarding payment of policies.--A State
        may require that an insurer certify that, with respect to any
        Holocaust era insurance policies sold or at any time held by
        the insurer--
                    (A) the proceeds of the policy were paid;
                    (B) the beneficiaries of the policy or heirs or
                such beneficiaries could not, after diligent search, be
                located, and the proceeds were distributed to Holocaust
                survivors or charities;
                    (C) a court of law has certified a plan for the
                distribution of the proceeds; or
                    (D) the proceeds have not been distributed.
    (b) Holocaust Era Insurance Policies.--For purposes of this
section, the term ``Holocaust era insurance policy'' means a policy for
insurance coverage that--
            (1) was in force at any time during the 26-year period
        beginning with 1920 and ending with 1945; and
            (2) has a policy beneficiary, policyholder, or insured life
        that is a listed Holocaust victim.

SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS.

    (a) Federal Cause of Action.--
            (1) In general.--There shall exist a Federal cause of
        action for any covered claim.
            (2) Statute of limitations.--Any action brought under
        paragraph (1) shall be filed not later than 10 years after the
        date of the enactment of this Act.
    (b) Subject Matter Jurisdiction.--The district courts shall have
original jurisdiction of any civil action on a covered claim (whether
brought under subsection (a) or otherwise).
    (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4
of the Federal Rules of Civil Procedure to the contrary, in a civil
action on a covered claim (whether brought under subsection (a) or
otherwise) commenced in a district where the defendant is not a
resident--
            (1) the court may exercise jurisdiction over such defendant
        on any basis not inconsistent with the Constitution of the
        United States; and
            (2) service of process, summons, and subpoena may be made
        on such defendant in any manner not inconsistent with the
        Constitution of the United States.
    (d) Definitions.--For purposes of this section:
            (1) Covered claim.--The term ``covered claim'' means a
        claim against a covered foreign insurance company that arises
        out of the insurance coverage involved in an original request.
            (2) Original request.--The term ``original request'' means
        a request that--
                    (A) seeks payment of any claim on insurance
                coverage that--
                            (i) was provided by a covered foreign
                        insurance company;
                            (ii) had as the policyholder, insured, or
                        beneficiary a listed Holocaust victim; and
                            (iii) was in effect during any portion of
                        the 13-year period beginning with 1933 and
                        ending with 1945; and
                    (B) was made by a listed Holocaust victim, or the
                heirs or beneficiaries of such victim, to the covered
                foreign insurance company or the International
                Commission on Holocaust Era Insurance Claims.
            (3) Covered foreign insurance company.--The term ``covered
        foreign insurance company'' means each of the following
        companies, and its affiliates and predecessor companies:
                    (A) Assicurazioni Generali S.p.A.
                    (B) Union Des Assurances de Paris.
                    (C) Victoria Lebenversicherungs AG.
                    (D) Winterthur Lebensversicherungs Gesellschaft.
                    (E) Allianz Lebensversicherungs AG.
                    (F) Wiener Allianz Versicherungs AG.
                    (G) Riunione Adriatica di Sicurta.
                    (H) Vereinte Lebensversicherungs AG.
                    (I) Basler Lebens-Versicherungs Gesellschaft.
                    (J) Deutscher Ring Lebensversicherungs AG.
                    (K) Nordstern Lebensversicherungs AG.
                    (L) Gerling Konzern Lebensversicherungs AG.
                    (M) Manheimer Lebensversicherung AG.
                    (N) Der Anker.
                    (O) Allgemeine Versicherungs AG.
                    (P) Zuerich Lebensversicherungs Gesellschaft.
                    (Q) Any other foreign insurance company that the
                States or the Attorney General of the United States
                determines was in a position to have financial dealings
                with any individual who was a victim of the Holocaust.

SEC. 5. LISTED HOLOCAUST VICTIMS.

    For purposes of this Act, the term ``listed Holocaust victim''
means the following individuals:
            (1) List of survivors.--Any individual whose name is on the
        list of Jewish Holocaust Survivors maintained by the United
        States Holocaust Memorial Museum in Washington, D.C.
            (2) List of deceased.--Any individual whose name is on the
        list of individuals who died in the Holocaust maintained by the
        Yad Veshem of Jerusalem in its Hall of Names.
            (3) Other lists.--Any individual whose name is on--
                    (A) any list of Holocaust victims that is
                designated as appropriate for use under this Act by the
                chief executive officer of a State or a State insurance
                commissioner or other principal insurance regulatory
                authority of a State; or
                    (B) any similar list, such as a list of the
                International Red Cross, the League of Red Cross
                Societies, the Supreme Headquarters of the Allied
                Expeditionary Forces, or other regularly accessed
                source of information regarding Holocaust victims.

Summary: Comprehensive Holocaust Accountability in Insurance Measure - Authorizes the States to establish information requirements on insurers as a condition of doing insurance business in the host State. Permits a State to require that an insurer provide specified information regarding Holocaust era insurance policies, including policies sold or held. Permits a State to require that an insurer certify that: (1) proceeds of the policy were paid. (2) the beneficiaries of the policy or heirs could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities. (3) a court of law has certified a plan for the distribution of the proceeds. Or (4) the proceeds have not been distributed. Establishes a Federal cause of action for any covered claim brought under this Act against one of several specified foreign insurance companies that arises out of the insurance coverage involved in an original request for payment made by a listed Holocaust victim or the heirs of beneficiaries of such victim. Requires an action brought under this Act to be filed not later than ten years after its enactment. Lists covered foreign insurance companies.

To clarify the authority of States to establish conditions for insurers to conduct the business of insurance within a State based on provision of information regarding Holocaust era insurance policies of the insurer and to establish a Federal cause of action for claims for payment of such insurance policies, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preparing Teachers for Digital Age
Learners Act of 2008''.

SEC. 2. TEACHER PREPARATION.

    Part B of title II of the Higher Education Act of 1965 (20 U.S.C.
1041 et seq.) is amended to read as follows:

         ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

``SEC. 221. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Arts and sciences.--The term `arts and sciences'
        means--
                    ``(A) when referring to an organizational unit of
                an institution of higher education, any academic unit
                that offers 1 or more academic majors in disciplines or
                content areas corresponding to the academic subject
                matter areas in which teachers provide instruction; and
                    ``(B) when referring to a specific academic subject
                area, the disciplines or content areas in which
                academic majors are offered by the arts and sciences
                organizational unit.
            ``(2) High-need school.--The term `high-need school' means
        a public elementary school or public secondary school that--
                    ``(A) is among the highest 25 percent of schools
                served by the local educational agency that serves the
                school, in terms of the percentage of students from
                families with incomes below the poverty line; or
                    ``(B) is designated with a school locale code of
                Rural: Fringe, Rural: Distant, or Rural: Remote, as
                determined by the Secretary.
            ``(3) Poverty line.--The term `poverty line' means the
        poverty line (as defined in section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
        family of the size involved.
            ``(4) Professional development.--The term `professional
        development' has the meaning given the term in section 9101 of
        the Elementary and Secondary Education Act of 1965.

``SEC. 222. PROGRAM AUTHORIZED.

    ``(a) Program Authority.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements with,
eligible consortia to pay the Federal share of the costs of projects
to--
            ``(1) graduate teacher candidates who are prepared to use
        modern information, communication, and learning tools to--
                    ``(A) improve student learning, assessment, and
                learning management; and
                    ``(B) help students develop skills to succeed in
                higher education and enter the workforce; and
            ``(2) strengthen and develop partnerships among the
        stakeholders in teacher preparation to transform teacher
        education and ensure technology rich learning environments
        throughout a teacher candidate's pre-service education,
        including clinical experiences.
    ``(b) Amount and Duration.--A grant, contract, or cooperative
agreement under this part--
            ``(1) shall be for not more than $2,000,000;
            ``(2) shall be for a 3-year period; and
            ``(3) may be renewed for one additional year.
    ``(c) Non-Federal Share Requirement.--The Federal share of the cost
of any project funded under this part shall not exceed 75 percent. The
non-Federal share of the cost of such project may be provided in cash
or in kind, fairly evaluated, including services.
    ``(d) Definition of Eligible Consortium.--In this part, the term
`eligible consortium' means a consortium of members that includes the
following:
            ``(1) At least one institution of higher education that
        awards baccalaureate or masters degrees and prepares teachers
        for initial entry into teaching.
            ``(2) At least one State educational agency or local
        educational agency.
            ``(3) A department, school, or college of education at an
        institution of higher education.
            ``(4) A department, school, or college of arts and sciences
        at an institution of higher education.
            ``(5) At least one entity with the capacity to contribute
        to the technology-related reform of teacher preparation
        programs, which may be a professional association, foundation,
        museum, library, for-profit business, public or private
        nonprofit organization, community-based organization, or other
        entity.

``SEC. 223. USES OF FUNDS.

    ``(a) In General.--An eligible consortium that receives a grant or
enters into a contract or cooperative agreement under this part shall
use funds made available under this part to carry out a project that--
            ``(1) develops long-term partnerships among members of the
        consortium that are focused on effective teaching with modern
        digital tools and content that substantially connect pre-
        service preparation of teacher candidates with high-needs
        schools; or
            ``(2) transforms the way departments, schools, and colleges
        of education teach classroom technology integration, including
        the principles of universal design, to teacher candidates.
    ``(b) Uses of Funds for Partnership Grants.--In carrying out a
project under subsection (a)(1), an eligible consortium shall--
            ``(1) provide teacher candidates, early in their
        preparation, with field experiences in educational settings
        with technology;
            ``(2) build the skills of teacher candidates to support
        technology-rich instruction, assessment and learning management
        in content areas, technology literacy, an understanding of the
        principles of universal design, and the development of other
        skills for success in higher education and for entering the
        workforce;
            ``(3) provide professional development in the use of
        technology for teachers, administrators, and content
        specialists who participate in field placement;
            ``(4) provide professional development of technology
        pedagogical skills for faculty of departments, schools, and
        colleges of education and arts and sciences;
            ``(5) implement strategies for the mentoring of teacher
        candidates with respect to technology implementation by members
        of the consortium;
            ``(6) evaluate teacher candidates during the first years of
        teaching to fully assess outcomes of the project;
            ``(7) build collaborative learning communities for
        technology integration within the consortium to sustain
        meaningful applications of technology in the classroom during
        teacher preparation and early career practice; and
            ``(8) evaluate the effectiveness of the project.
    ``(c) Uses of Funds for Transformation Grants.--In carrying out a
project under subsection (a)(2), an eligible consortium shall--
            ``(1) redesign curriculum to require collaboration between
        the department, school, or college of education faculty and the
        department, school, or college of arts and sciences faculty who
        teach content or methods courses for training teacher
        candidates;
            ``(2) collaborate between the department, school, or
        college of education faculty and the department, school, or
        college of arts and science faculty and academic content
        specialists at the local educational agency to educate pre-
        service teachers who can integrate technology and pedagogical
        skills in content areas;
            ``(3) collaborate between the department, school, or
        college of education faculty and the department, school, or
        college of arts and sciences faculty who teach courses to pre-
        service teachers to--
                    ``(A) develop and implement a plan for pre-service
                teachers and continuing educators that demonstrates
                effective instructional strategies and application of
                such strategies in the use of digital tools to
                transform the teaching and learning process; and
                    ``(B) better reach underrepresented pre-service
                teacher populations with programs that connect such
                pre-service teacher populations with applications of
                technology;
            ``(4) collaborate among faculty and students to create and
        disseminate case studies of technology applications in
        classroom settings with a goal of improving student achievement
        in high-need schools;
            ``(5) provide additional technology resources for pre-
        service teachers to plan and implement technology applications
        in classroom settings that provide evidence of student
        learning; and
            ``(6) bring together expertise from departments, schools,
        or colleges of education, arts and science faculty, and
        academic content specialists at the local educational agency to
        share and disseminate technology applications in the classroom
        through teacher preparation and into early career practice.

``SEC. 224. APPLICATION REQUIREMENTS.

    ``To be eligible to receive a grant or enter into a contract or
cooperative agreement under this part, an eligible consortium shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require. Such
application shall include the following:
            ``(1) A description of the project to be carried out with
        the grant, including how the project will--
                    ``(A) develop a long-term partnership focused on
                effective teaching with modern digital tools and
                content that substantially connects pre-service
                preparation of teacher candidates with high-need
                schools; or
                    ``(B) transform the way departments, schools, and
                colleges of education teach classroom technology
                integration, including the principles of universal
                design, to teacher candidates.
            ``(2) A demonstration of--
                    ``(A) the commitment, including the financial
                commitment, of each of the members of the consortium
                for the proposed project; and
                    ``(B) the support of the leadership of each
                organization that is a member of the consortium for the
                proposed project.
            ``(3) A description of how each member of the consortium
        will participate in the project.
            ``(4) A description of how the State or local educational
        agency will incorporate the project into the agency's
        technology plan, if such a plan already exists.
            ``(5) A description of how the project will be continued
        after Federal funds are no longer available under this part for
        the project.
            ``(6) A description of how the project will incorporate--
                    ``(A) State teacher technology standards; and
                    ``(B) State student technology standards.
            ``(7) A plan for the evaluation of the project, which shall
        include benchmarks to monitor progress toward specific project
        objectives.

``SEC. 225. EVALUATION.

    ``Not less than 10 percent of the funds awarded to an eligible
consortium to carry out a project under this part shall be used to
evaluate the effectiveness of such project.

``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $100,000,000 to carry out
this part for fiscal year 2009 and such sums as may be necessary for
each of the 2 succeeding fiscal years.''.

Summary: Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools. Or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.

To amend the Higher Education Act of 1965 to authorize a program to prepare teachers for digital age learners.