SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College and University Rural
Education (CURE) Act of 2007''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended by adding at the end the following new title:

     ``TITLE VIII--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND
                              UNIVERSITIES

``SEC. 801. PURPOSE.

    ``The purposes of this title are--
            ``(1) to increase--
                    ``(A) enrollment and graduation rates from 2-year
                and 4-year colleges, and articulation from 2-year
                degree programs into 4-year degree programs of
                graduates of rural high schools; and
                    ``(B) degree completion for nontraditional students
                from rural areas; and
            ``(2) to promote economic growth and development in rural
        America through partnership grants to consortia of rural
        colleges and universities and other entities, such as local
        educational agencies, employers, education service agencies,
        and nonprofit organizations.

``SEC. 802. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) Rural institution of higher education.--The term
        `rural institution of higher education' means an institution of
        higher education (as such term is defined in section 101) that
        primarily serves rural areas.
            ``(2) Rural area.--The term `rural area' means an area in
        which there is located a rural local educational agency.
            ``(3) Rural local educational agency.--The term `rural
        local educational agency' means a local educational agency (as
        such term is defined in section 9101 of the Elementary and
        Secondary Education Act of 1965) that is designated with a
        metrocentric locale code of 41, 42, or 43 as determined by the
        National Center for Education Statistics (NCES), in conjunction
        with the Bureau of the Census, using the NCES system for
        classifying local educational agencies.
            ``(4) Nontraditional student.--The term `nontraditional
        student' means an individual who--
                    ``(A) delays enrollment in an institution of higher
                education by 3 or more years after completing high
                school;
                    ``(B) attends an institution of higher education
                part-time or less than part-time; or
                    ``(C) attends an institution of higher education
                and--
                            ``(i) works full-time;
                            ``(ii) is an independent student;
                            ``(iii) has one or more dependents other
                        than a spouse;
                            ``(iv) is a single parent; or
                            ``(v) does not have a high school diploma
                        or a general equivalency diploma (GED).
            ``(5) Regional employer.--The term `regional employer'
        means employers qualifying as businesses or other entities
        employing individuals within a rural area.

``SEC. 803. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES.

    ``(a) Grants Authorized.--The Secretary of Education is authorized
to make grants in accordance with this section to partnerships formed
between one or more rural institution of higher education and any of
the following entities:
            ``(1) One or more rural local educational agencies.
            ``(2) One or more rural education service agencies.
            ``(3) One or more regional employers.
            ``(4) One or more nonprofit organizations with expertise in
        rural education.
    ``(b) Eligible Partnerships; Applications.--To be eligible for a
grant under this section, a partnership that meets the requirements of
subsection (a) shall submit to the Secretary an application in such
form and containing such information as the Secretary shall prescribe.
In determining which applications to approve for a grant under this
section, the Secretary shall consider--
            ``(1) the percentage of graduates, attendees, or former
        attendees of high schools from rural local educational agencies
        enrolled or otherwise affiliated with the entity;
            ``(2) in the case of employers, the percentage of employees
        that are graduates of high schools in rural local educational
        agencies.
    ``(c) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of shall be
used--
            ``(1) to improve enrollment rates for graduates and former
        attendees of rural high schools at rural institutions of higher
        education, including--
                    ``(A) programs to provide information about college
                costs and financial aid options, assistance with
                college enrollment applications, and assistance with
                financial aid applications;
                    ``(B) programs or initiatives that provide such
                individuals of rural high schools access and exposure
                to campuses, classes, programs, and facilities of rural
                institutions of higher education, including covering
                the cost of transportation to and from institutions of
                higher education;
                    ``(C) the formation of groups or other initiatives
                that create support groups of such students expressing
                interest in attending rural institutions of higher
                education;
                    ``(D) extra curricular activities, such as
                internships, community service, and other activities
                for such individuals in advance of attending
                institutions of higher education; and
                    ``(E) other initiatives that assist such
                individuals in applying and developing interest in
                attending rural institutions of higher education; and
            ``(2) to encourage participation of nontraditional students
        in degree programs at rural institutions of higher education,
        including--
                    ``(A) programs to provide information about college
                costs and financial aid options, assistance with
                college enrollment applications, and assistance with
                financial aid applications for institutions of higher
                education;
                    ``(B) outreach to nontraditional students through
                community initiatives; and
                    ``(C) formation of support groups for
                nontraditional students enrolling in 2-year degree
                programs and articulating from 2-year degree programs
                to 4-year degree programs.

``SEC. 804. ECONOMIC DEVELOPMENT PARTNERSHIPS.

    ``(a) Grants Authorized.--The Secretary of Education is authorized
to make grants in accordance with this section to partnerships formed
between one or more rural institutions of higher education and one or
more regional employers.
    ``(b) Eligible Partnerships; Applications.--To be eligible for a
grant under this section, a partnership that meets the requirements of
subsection (a) shall submit to the Secretary an application in such
form and containing such information as the Secretary shall prescribe.
In determining which applications to approve for a grant under this
section, the Secretary shall consider--
            ``(1) the potential of the employer to employ graduates of
        rural institutions of education after graduation;
            ``(2) the potential of the employer engaged in the
        partnership to spur economic development in the region; and
            ``(3) the relevance of the employer to the regional
        economy.
    ``(c) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of subsection
(a) shall be used--
            ``(1) to provide additional career training to attendees of
        rural institutions of education in fields relevant to the
        regional economy; and
            ``(2) to encourage regional businesses to employ graduates
        of rural institutions of education.

``SEC. 805. QUALITY OF LIFE IN RURAL AREAS.

    ``(a) Grants Authorized.--The Secretary of Education is authorized
to make grants in accordance with this section to rural institutions of
higher education.
    ``(b) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of subsection
(a) shall be used to create or strengthen academic programs to prepare
graudates to enter into high-need occupations in the regional and local
economies

``SEC. 806. ALLOCATION OF APPROPRIATIONS.

    ``(a) Grant Considerations.--In making grant allocations under this
title to qualifying institutions and partnerships, the Secretary shall
consider--
            ``(1) the percentage of graduates of rural high schools
        attending rural institutions of higher education in proximity
        to the entity receiving the grant;
            ``(2) employment needs of regional employers in proximity
        to entities receiving the grant; and
            ``(3) the health of the regional economy of the region
        surrounding the entity receiving the grant.
    ``(b) Maximum and Minimum Grants.--No grant awarded by the
Secretary under this title shall be less than $200,000 or more than
$500,000.
    ``(c) Grant Duration.--A grant awarded under this title shall be
awarded for one 3-year period.

``SEC. 807. GAO STUDY.

    ``Commission a study to be completed in 5 years to identify the
challenges and solutions to increasing the availability of and access
to 4-year degree programs and institutions in rural America. The GAO
shall investigate and make recommendations to Congress regarding--
            ``(1) the existing number of 4-year institutions of higher
        education and 4-year degree programs in rural America;
            ``(2) access to 4-year degree programs and institutions in
        rural America;
            ``(3) the cost, availability of resources and challenges
        associated with the establishment and expansion of 4-year
        degree programs in rural America; and
            ``(4) the role of rural America in contributing to overall
        bachelor's degree attainment in the United States, as a measure
        of United States global competitiveness.

``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated--
            ``(1) for fiscal year 2009--
                    ``(A) $15,000,000 to cary out section 803;
                    ``(B) $10,000,000 to carry out section 804; and
                    ``(C) $5,000,000 to carry out section 805; and
            ``(2) such sums as may be necessary for each of the 4
        succeeding fiscal years to carry out such sections.''.

Summary: College and University Rural Education (CURE) Act of 2007 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to partnerships between rural institutions of higher education (IHEs) and rural local educational agencies, rural education service agencies, regional employers, or rural education nonprofit organizations for activities to: (1) improve the rural IHE enrollment rates of rural high school graduates and former attendees. And (2) encourage nontraditional students' participation in rural IHE degree programs. Authorizes the Secretary to award grants to partnerships between rural IHEs and regional employers to: (1) provide additional training to rural IHE attendees in careers relevant to the regional economy. And (2) encourage regional businesses to employ rural IHE graduates. Authorizes the Secretary to award grants to rural IHEs to create or strengthen academic programs that prepare graduates to enter high-need occupations in the regional and local economies. Requires the General Accountability Office (GAO) to investigate, and make recommendations to Congress regarding the improvement of, rural access to four-year IHEs and degree programs.

To amend the Higher Education Act of 1965 to improve participation in higher education of, and increase opportunities in employment for, residents of rural areas.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Unemployment Compensation
Act of 2003''.

SEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
              UNEMPLOYMENT COMPENSATION.

    (a) Entitlement to Additional Weeks.--
            (1) In general.--Paragraph (1) of section 203(b) of the
        Temporary Extended Unemployment Compensation Act of 2002
        (Public Law 107-147; 116 Stat. 28) is amended--
                    (A) in subparagraph (A), by striking ``50 percent''
                and inserting ``100 percent''; and
                    (B) in subparagraph (B), by striking ``13 times''
                and inserting ``26 times''.
            (2) Repeal of restriction on augmentation during
        transitional period.--Section 208(b) of the Temporary Extended
        Unemployment Compensation Act of 2002 (Public Law 107-147), as
        amended by Public Law 108-1, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``paragraphs (2) and (3)''
                        and inserting ``paragraph (2)''; and
                            (ii) by inserting before the period at the
                        end the following: ``, including such
                        compensation by reason of amounts deposited in
                        such account after such date pursuant to the
                        application of subsection (c) of such
                        section'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph
                (2).
            (3) Extension of transition limitation.--Section 208(b)(2)
        of the Temporary Extended Unemployment Compensation Act of 2002
        (Public Law 107-147), as amended by Public Law 108-1 and as
        redesignated by paragraph (2), is amended by striking ``August
        30, 2003'' and inserting ``December 31, 2003''.
            (4) Conforming amendment for augmented benefits.--Section
        203(c)(1) of the Temporary Extended Unemployment Compensation
        Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by
        striking ``the amount originally established in such account
        (as determined under subsection (b)(1))'' and inserting ``7
        times the individual's average weekly benefit amount for the
        benefit year''.
    (b) Effective Date and Application.--
            (1) In general.--The amendments made by subsection (a)
        shall apply with respect to weeks of unemployment beginning on
        or after the date of enactment of this Act.
            (2) TEUC-X amounts deposited in account prior to date of
        enactment deemed to be the additional teuc amounts provided by
        this section.--In applying the amendments made by subsection
        (a) under the Temporary Extended Unemployment Compensation Act
        of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of
        Labor shall deem any amounts deposited into an individual's
        temporary extended unemployment compensation account by reason
        of section 203(c) of such Act (commonly known as ``TEUC-X
        amounts'') prior to the date of enactment of this Act to be
        amounts deposited in such account by reason of section 203(b)
        of such Act, as amended by subsection (a) (commonly known as
        ``TEUC amounts'').
            (3) Application to exhaustees and current beneficiaries.--
                    (A) Exhaustees.--In the case of any individual--
                            (i) to whom any temporary extended
                        unemployment compensation was payable for any
                        week beginning before the date of enactment of
                        this Act; and
                            (ii) who exhausted such individual's rights
                        to such compensation (by reason of the payment
                        of all amounts in such individual's temporary
                        extended unemployment compensation account)
                        before such date,
                such individual's eligibility for any additional weeks
                of temporary extended unemployment compensation by
                reason of the amendments made by subsection (a) shall
                apply with respect to weeks of unemployment beginning
                on or after the date of enactment of this Act.
                    (B) Current beneficiaries.--In the case of any
                individual--
                            (i) to whom any temporary extended
                        unemployment compensation was payable for any
                        week beginning before the date of enactment of
                        this Act; and
                            (ii) as to whom the condition described in
                        subparagraph (A)(ii) does not apply,
                such individual shall be eligible for temporary
                extended unemployment compensation (in accordance with
                the provisions of the Temporary Extended Unemployment
                Compensation Act of 2002, as amended by subsection (a))
                with respect to weeks of unemployment beginning on or
                after the date of enactment of this Act.
            (4) Redetermination of eligibility for augmented amounts
        for individuals for whom such a determination was made prior to
        the date of enactment.--Any determination of whether the
        individual's State is in an extended benefit period under
        section 203(c) of the Temporary Extended Unemployment
        Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28)
        made prior to the date of enactment of this Act shall be
        disregarded and the determination under such section shall be
        made as follows:
                    (A) Individuals who exhausted 13 teuc and 13 teux-x
                weeks prior to the date of enactment.--In the case of
                an individual who, prior to the date of enactment of
                this Act, received 26 times the individual's average
                weekly benefit amount through an account established
                under section 203 of the Temporary Extended
                Unemployment Compensation Act of 2002 (Public Law 107-
                147; 116 Stat. 28) (by reason of augmentation under
                subsection (c) of such section), the determination
                shall be made as of the date of the enactment of this
                Act.
                    (B) All other individuals.--In the case of an
                individual who is not described in subparagraph (A),
                the determination shall be made at the time that the
                individual's account established under such section
                203, as amended by subsection (a), is exhausted.

Summary: Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation . Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003. Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003. Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts . Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries.

A bill to provide for emergency unemployment compensation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reciprocity and Fairness in Foreign
Investment Act''.

SEC. 2. LIMITATIONS ON INVESTMENT AND CERTAIN OPERATIONS BY FOREIGN
              ENTITIES.

    (a) Limitations.--
            (1) On government-owned enterprises.--A foreign person that
        is owned or controlled by the government of a foreign country
        may--
                    (A) acquire or hold an equity interest, or other
                evidence of ownership, in a corporation, partnership,
                or other business entity, that is organized under the
                laws of the United States, or
                    (B) acquire or hold any interest in real property
                in the United States,
        only to the same extent as that foreign country allows United
        States persons to acquire or hold (as the case may be) equity
        interests or other evidences of ownership in comparable
        business concerns organized under the laws of that foreign
        country and to acquire or hold interests in comparable real
        property in that foreign country.
            (2) Investment in and operation of critical
        infrastructure.--A foreign person may acquire or hold a
        property interest in, or control operations, management, or
        security operations of, critical infrastructure in the United
        States only to the same extent as the foreign country of which
        that foreign person is a national allows United States persons
        to acquire or hold equivalent property interests or other
        evidences of ownership in, or to control operations,
        management, or security operations of, comparable critical
        infrastructure in that country.
    (b) Definitions.--In this section:
            (1) Critical infrastructure.--(A) The term ``critical
        infrastructure'' means systems and assets, whether physical or
        virtual, so vital to a country that the incapacity or
        destruction of such systems and assets would have a
        debilitating impact on the security, economic security, or
        public health or safety, of that country. Such term includes--
                    (i) any airport, air navigation facility, or
                facility that is part of an air traffic control system;
                    (ii) any bridge, any highway, and any railroad
                tracks or facilities;
                    (iii) any port facilities;
                    (iv) any pipeline that transports oil, natural gas,
                or gasoline or other petroleum products; and
                    (v) any electricity generation, transmission, or
                distribution facilities.
            (B) The terms ``airport'', ``air navigation facility'', and
        ``air traffic control system'' have the meanings given those
        terms in section 40102 of title 49, United States Code.
            (2) Foreign person.--The term ``foreign person'' means a
        national of a foreign country.
            (3) Government.--The term ``government of a foreign
        country'' includes any agency or instrumentality of the
        government of a foreign country.
            (4) National of a foreign country.--A person is a national
        of a foreign country if that person is--
                    (A) a citizen of that country;
                    (B) an entity organized under the laws of that
                country (whether the entity is controlled by private
                persons or government entities);
                    (C) a unit of government of that country; or
                    (D) an entity that is organized under the laws of
                the United States and is owned or controlled by
                individuals, entities, or units of government described
                in subparagraphs (A), (B), and (C), or any combination
                thereof.
            (5) United states.--The term ``United States'' means the
        several States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.
            (6) United states person.--The term ``United States
        person'' means--
                    (A) any United States citizen;
                    (B) any entity that is organized under the laws of
                the United States and is owned or controlled by United
                States citizens, by State or local governments, by the
                United States, or by any combination thereof.

SEC. 3. ENFORCEMENT.

    (a) Secretary of the Treasury.--The Secretary of the Treasury, in
consultation with the Secretary of Commerce, the Attorney General, and
the heads of such other departments and agencies as the Secretary of
the Treasury considers appropriate, shall issue such regulations as are
necessary to carry out section 2.
    (b) Penalties.--
            (1) Civil penalties.--
                    (A) Penalty.--A civil penalty of not more than
                $500,000 shall be imposed on any foreign person who
                violates section 2 or any regulation issued under
                subsection (a) of this section.
                    (B) Authority of the secretary of the treasury.--
                The Secretary of the Treasury has the authority to
                impose civil penalties under subparagraph (A).
            (2) Other relief.--The Secretary of the Treasury may bring
        an action in the appropriate United States district court to
        enjoin any violation of section 2 or any regulation issued
        under subsection (a) of this section. In addition, the Attorney
        General, upon the request of the Secretary of the Treasury,
        shall seek appropriate relief, including divestment relief, in
        the district courts in order to enforce this Act.

SEC. 4. ANNUAL REPORT.

    The Secretary of the Treasury shall, not later than 120 days after
the date of the enactment of this Act and annually thereafter, issue
and make public a report on the laws of each foreign country regarding
permissible investment by foreign persons in enterprises organized
under the laws of the country and in real property in that country, and
permissible control by foreign persons of operations and management of
critical infrastructure in that country.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Subject to subsection (b), this Act shall take
effect 180 days after the date of the enactment of this Act.
    (b) Existing Investments.--In order to allow foreign countries the
flexibility to make the necessary changes to their laws so as to allow
foreign investment and control affected by this Act, this Act and the
regulations issued under this Act shall not apply to any equity
interest, other property interest, or control of operations or
management of infrastructure, acquired before the effective date of
this Act until the date that is 1 year after such effective date.

Summary: Reciprocity and Fairness in Foreign Investment Act - Permits a foreign person owned or controlled by a foreign government to acquire ownership in either a business, or in real property in the United States, but only to the same extent as that foreign government allows US persons to acquire ownership in comparable enterprises organized under the laws of that foreign country. Subjects investment and operation of critical infrastructure in the United States by such a foreign person to the same reciprocity requirements. Directs the Secretary of the Treasury to issue implementing regulations. Establishes civil penalties for violations of this Act.

To impose limitations on investment and certain operations by foreign entities in the United States.


SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares that--
            (1) certain scattered parcels of Federal land located
        within Gilpin County, Colorado, are currently administered by
        the Secretary of the Interior as part of the Royal Gorge
        Resource Area, Canon City District, United States Bureau of
        Land Management;
            (2) these land parcels, comprised of approximately 130
        separate tracts of land ranging in size from approximately 38
        acres to much less than an acre, have been identified as
        suitable for disposal by the Bureau of Land Management through
        its resource management planning process and are appropriate
        for disposal; and
            (3) even though these land parcels are scattered and small
        in size, they nevertheless appear to have a fair market value
        which may be used by the Federal Government to exchange for
        lands which will better lend themselves to Federal management
        and have higher values for future public access, use and
        enjoyment, recreation, the protection and enhancement of fish
        and wildlife and fish and wildlife habitat, and the protection
        of riparian lands, wetlands, scenic beauty and other public
        values.
    (b) Purpose.--It is the purpose of this Act to authorize, direct,
facilitate and expedite the land exchange set forth herein in order to
further the public interest by disposing of Federal lands with limited
public utility and acquire in exchange therefor lands with important
values for permanent public management and protection.

SEC. 2. LAND EXCHANGE.

    (a) In General.--The exchange directed by this Act shall be
consummated if within 90 days after enactment of this Act, Lake Gulch,
Inc., a Colorado corporation (as defined in section 4 of this Act),
offers to transfer to the United States pursuant to the provisions of
this Act the offered lands or interests in land described herein.
    (b) Conveyance by Lake Gulch.--Subject to the provisions of section
3 of this Act, Lake Gulch shall convey to the Secretary of the Interior
all right, title, and interest in and to the following offered lands:
            (1) Certain lands comprising approximately 40 acres with
        improvements thereon located in Larimer County, Colorado, and
        lying within the boundaries of Rocky Mountain National Park as
        generally depicted on a map entitled ``Circle C Church Camp'',
        dated August 1994, which shall upon their acquisition by the
        United States and without further action by the Secretary of
        the Interior be incorporated into Rocky Mountain National Park
        and thereafter be administered in accordance with the laws,
        rules and regulations generally applicable to the National Park
        System and Rocky Mountain National Park.
            (2) Certain lands located along the Arkansas River in Lake
        County, Colorado, which comprise approximately 517 acres, as
        generally depicted on a map entitled ``Arkansas River
        Headwaters Frontage'', dated August 1994.
            (3) Certain lands located within and adjacent to the United
        States Bureau of Land Management San Luis Resource Area in
        Conejos County, Colorado, which comprise approximately 3,993
        acres and are generally depicted on a map entitled ``Quinlan
        Ranches Tract'', dated August 1994.
    (c) Substitution of Lands.--If one or more of the precise offered
land parcels identified above is unable to be conveyed to the United
States due to appraisal or other problems, Lake Gulch and the Secretary
may mutually agree to substitute therefor alternative offered lands
acceptable to the Secretary.
    (d) Conveyance by the United States.--(1) Upon receipt of title to
the lands identified in subsection (a) the Secretary shall
simultaneously convey to Lake Gulch all right, title, and interest of
the United States, subject to valid existing rights, in and to the
following selected lands:
            (A) Certain surveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 72 West, Sixth Principal
        Meridian, Section 18, Lots 118-220, which comprise
        approximately 195 acres and are intended to include all
        federally owned lands in section 18, as generally depicted on a
        map entitled ``Lake Gulch Selected Lands'', dated July 1994.
            (B) Certain surveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 72 West, Sixth Principal
        Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54,
        which comprise approximately 96 acres, as generally depicted on
        a map entitled ``Lake Gulch Selected Lands'', dated July 1994.
            (C) Certain unsurveyed lands located in Gilpin County,
        Colorado, Township 3 South, Range 73 West, Sixth Principal
        Meridian, Section 13, which comprise approximately 10 acres,
        and are generally depicted as parcels 307-326 on a map entitled
        ``Lake Gulch Selected Lands'', dated July 1994: Provided,
        however, That a parcel or parcels of land in section 13 shall
        not be transferred to Lake Gulch if at the time of the proposed
        transfer the parcel or parcels are under formal application for
        transfer to a qualified unit of local government. Due to the
        small and unsurveyed nature of such parcels proposed for
        transfer to Lake Gulch in section 13, and the high cost of
        surveying such small parcels, the Secretary is authorized to
        transfer such section 13 lands to Lake Gulch without survey
        based on such legal or other description as he determines
        appropriate to carry out the basic intent of the map cited in
        this subparagraph.
    (2) If the Secretary and Lake Gulch mutually agree, and the
Secretary determines it is in the public interest, the Secretary may
utilize the authority and direction of this Act to transfer to Lake
Gulch lands in sections 17 and 13 that are in addition to those precise
selected lands shown on the maps cited in paragraphs (d)(1)(B) and
(d)(1)(C), and which are not under formal application for transfer to a
qualified unit of local government, upon transfer to the Secretary of
additional offered lands acceptable to the Secretary or upon payment to
the Secretary by Lake Gulch of cash equalization money amounting to the
full appraised fair market value of any such additional lands. If any
such additional lands are located in section 13 they may be transferred
to Lake Gulch without survey based on such legal or other description
as the Secretary determines appropriate as long as the Secretary
determines that the boundaries of any adjacent lands now owned by Lake
Gulch can be properly identified so as to avoid possible future
boundary conflicts or disputes. If the Secretary determines surveys are
necessary to convey any such additional lands to Lake Gulch, the costs
of such surveys shall be paid by Lake Gulch but shall not be eligible
for any adjustment in the value of such additional lands pursuant to
section 206(f)(2) of the Federal Land Policy and Management Act of 1976
(as amended by the Federal Land Exchange Facilitation Act of 1988) (43
U.S.C. 1716(f)(2)).
    (3) Prior to transferring out of public ownership pursuant to this
Act or other authority of law any lands which are contiguous to North
Clear Creek southeast of the City of Black Hawk, Colorado, in the
County of Gilpin, Colorado, the Secretary shall notify and consult with
the governments of the County and the City and afford such units of
local government an opportunity to acquire or reserve pursuant to the
Federal Land Policy and Management Act of 1976 or other applicable law
such easements or rights-of-way parallel to North Clear Creek as may be
necessary to serve public utility line or recreation path needs:
Provided, however, That any survey or other costs associated with the
acquisition or reservation of such easements or rights-of-way shall be
paid for by the unit or units of local government concerned.

SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.

    (a) Equalization of Values.--The values of the lands to be
exchanged pursuant to this Act shall be equal as determined by the
Secretary of the Interior utilizing nationally recognized appraisal
standards, including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, the provisions of section 206(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other
applicable law. In the event it is determined that cash equalization
moneys are owed to the United States in the exchange, any such cash
equalization moneys shall be retained by the Secretary of the Interior
and may be utilized by the Secretary until fully expended to purchase
from willing sellers land or water rights, or a combination thereof, to
augment wildlife habitat and protect and restore wetlands in the Bureau
of Land Management's Blanca Wetlands, Alamosa County, Colorado. Any
water rights acquired by the United States pursuant to this section
shall be obtained by the Secretary of the Interior in accordance with
all applicable provisions of Colorado law, including the requirement to
change the time, place, and type of use of said water rights through
the appropriate State legal proceedings and to comply with any terms,
conditions, or other provisions contained in an applicable decree of
the Colorado Water Court. The use of any water rights acquired pursuant
to this section shall be limited to water than can be used or exchanged
for water that can be used on the Blanca Wetlands. Any requirement or
proposal to utilize facilities of the San Luis Valley Project, Closed
Basin Diversion, in order to effectuate the use of any such water
rights shall be subject to prior approval of the Rio Grande Water
Conservation District.
    (b) Restrictions on Selected Lands.--(1) Conveyance of the selected
lands to Lake Gulch pursuant to this Act shall be contingent upon Lake
Gulch executing an agreement with the United States prior to such
conveyance, the terms of which are acceptable to the Secretary of the
Interior, and which--
            (A) grants the United States a covenant that none of the
        selected lands (all of which currently lie outside the State of
        Colorado's current legally approved gaming area) shall ever be
        used for purposes of gaming should the current legal gaming
        area ever be expanded by the State of Colorado; and
            (B) permanently holds the United States harmless for
        liability and indemnify the United States against all costs
        arising from any activities, operations (including the storing,
        handling, and dumping of hazardous materials or substances) or
        other acts conducted by Lake Gulch or its employees, agents,
        successors or assigns on the selected lands after their
        transfer to Lake Gulch: Provided, however, That nothing in this
        Act shall be construed as either diminishing or increasing any
        responsibility or liability of the United States based on the
        condition of the selected lands prior to or on the date of
        their transfer to Lake Gulch.
    (2) Conveyance of the selected lands to Lake Gulch pursuant to this
Act shall be subject to the existing easement for Gilpin County Road 6.
    (3) The above terms and restrictions of this subsection shall not
be considered in determining, or result in any diminution in, the fair
market value of the selected land for purposes of the appraisals of the
selected land required pursuant to section 3 of this Act.
    (c) Revocation of Withdrawal.--The Public Water Reserve established
by Executive order dated April 17, 1926 (Public Water Reserve 107),
Serial Number Colorado 17321, is hereby revoked insofar as it affects
the NW \1/4\ SW \1/4\ of Section 17, Township 3 South, Range 72 West,
Sixth Principal Meridian, which covers a portion of the selected lands
identified in this Act.
    (d) Management of Certain Lands.--Upon their acquisition by the
United States, the lands referred to in section 2(b)(2) of this Act
shall be managed by the Secretary of the Interior in accordance with
the laws, rules, and regulations generally applicable to the public
lands, and, as appropriate, in accordance with cooperative agreements
such as the existing Arkansas Headwaters Recreation Area Memorandum of
Understanding, with special emphasis on public fishing and recreational
access to the Arkansas River, and riparian and wetland habitat
protection. The acquisition of such lands by the Secretary shall not be
construed to impose any responsibility or liability on the Secretary
with respect to hazardous substances which may exist on the lands as of
the date of their acquisition by the United States. Without precluding
any future determination by the Secretary or appropriate Federal or
State authorities that cleanup of any hazardous substances which may be
found to exist on the property would be appropriate, nothing in this
Act shall be construed to require the Secretary to undertake any
hazardous substances cleanup activities or studies.

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) Definitions.--As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the
        Interior.
            (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a
        Colorado corporation, or its successors, heirs or assigns.
            (3) The term ``offered land'' means lands to be conveyed to
        the United States pursuant to this Act.
            (4) The term ``selected land'' means lands to be
        transferred to Lake Gulch pursuant to this Act.
            (5) The term ``Blanca Wetlands'' means an area of land
        comprising approximately 9,290 acres, as generally depicted on
        a map entitled ``Blanca Wetlands'', dated August 1994, and any
        nearby land which the Secretary may purchase from willing
        sellers after the date of enactment of this Act utilizing funds
        provided by this Act or other funds and manage in conjunction
        with and for the same general purposes as the land depicted on
        that map.
    (b) Time Requirement for Completing Transfer.--It is the intent of
Congress that unless the Secretary and Lake Gulch mutually agree
otherwise the exchange of lands authorized and directed by this Act
shall be completed not later than 6 months after the date of enactment
of this Act.
    (c) Administration of Lands Acquired by United States.--In
accordance with the provisions of section 206(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands
acquired by the United States pursuant to this Act shall upon
acceptance of title by the United States and without further action by
the Secretary concerned become part of and be managed as part of the
administrative unit or area within which they are located.

Summary: Requires Lake Gulch, Inc. to convey, on an equal value basis, specified lands located in Larimer, Lake, and Conejos Counties, Colorado, to the Secretary of the Interior in exchange for certain Lake Gulch Selected Lands located in Gilpin County, Colorado. Provides that, if cash equalization monies are owed to the United States in the exchange, such monies shall be retained by the Secretary and may be utilized until fully expended to purchase from willing sellers land or water rights to augment wildlife habitat and to protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Conditions the conveyance of such selected lands on Lake Gulch executing an agreement which: (1) grants the United States a covenant that none of such lands shall ever be used for gaming purposes should such gaming area ever be expanded by the State. And (2) permanently holds the United States harmless for liability and indemnifies it against all costs arising from any activities, operations or other acts conducted by Lake Gulch on the selected lands after such transfer. Declares that nothing in this Act shall be construed as either diminishing or increasing any US responsibility or liability based on the condition of the selected lands before or on the date of their transfer. Subjects the conveyance to the existing easement for Gilpin County Road 6. Revokes a specified Public Water Reserve established by Executive Order dated April 17, 1926, insofar as it affects certain land which covers a portion of the selected lands.

A bill entitled "Gilpin County, Colorado--B.L.M. Land Transfer Act of 1994".


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Modernization and
Diversification Act of 2010''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Bank.--The term ``bank'' means--
                    (A) an insured depository institution, as such term
                is defined under section 3(c)(2) of the Federal Deposit
                Insurance Act (12 U.S.C. 1813(c)(2)); and
                    (B) an insured credit union, as such term is
                defined under section 101(7) of the Federal Credit
                Union Act (12 U.S.C. 1752(7)).
            (2) Collateral support program.--The term ``Collateral
        Support Program'' means a program described under section 4.
            (3) Loan participation program.--The term ``Loan
        Participation Program'' means a program described under section
        5.
            (4) Qualified manufacturer.--The term ``qualified
        manufacturer'' means a business that is engaged in
        manufacturing and--
                    (A) has less than $50,000,000 in annual revenue;
                and
                    (B) has less than $50,000,000 in assets.
            (5) Revolving loan fund.--The term ``revolving loan fund''
        means the revolving loan fund established under section 3(d).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.
            (7) SPV.--The term ``SPV'' means a special purpose vehicle
        created by a State.
            (8) Termination date.--The term ``termination date'' means
        the date that is the end of the 2-year period beginning on the
        date the Secretary issues regulations pursuant to section
        3(b)(4).

SEC. 3. FEDERAL LOAN PROGRAM TO SPVS.

    (a) In General.--The Secretary shall certify SPVs to take part in a
program to carry out Collateral Support Programs and Loan Participation
Programs for the benefit of qualified manufacturers (hereinafter in
this section described as the ``loan program'').
    (b) Application Process.--
            (1) In general.--Each SPV wishing to participate in the
        loan program shall submit an application to the Secretary, in
        such form and manner as the Secretary may require, containing--
                    (A) a detailed proposal for the structure of the
                Collateral Support Program the SPV proposes to carry
                out, including what criteria the SPV intends to use to
                determine which qualified manufacturers will be
                eligible to participate;
                    (B) a detailed proposal for the structure of the
                Loan Participation Program the SPV proposes to carry
                out, including what criteria the SPV intends to use to
                determine which qualified manufacturers will be
                eligible to participate; and
                    (C) such other information as the Secretary may
                require.
            (2) Additional requirements.--
                    (A) Interest rate.--Loans made to SPVs by the
                Secretary under the loan program shall be made with an
                interest rate of 0.5 percent.
                    (B) Treatment of payments from qualified
                manufacturers.--The amount of all fees and interest
                payments paid by qualified manufacturers to an SPV
                under Collateral Support Programs and Loan
                Participation Programs that is more than the amount
                required by the SPV to repay the principal and interest
                amounts on loans made to the SPV under the loan program
                shall be retained by the SPV.
                    (C) No disqualification by reason of
                participation.--Participation in a Collateral Support
                Program or a Loan Participation Program by a qualified
                manufacturer shall not disqualify such manufacturer
                from receiving assistance related to such loan under
                other Federal programs as well, including programs
                carried out by the Small Business Administration and
                the Department of Agriculture.
                    (D) Limitations on spvs.--Only 1 SPV per State may
                be certified to participate in the loan program.
                    (E) Oversight.--The Secretary shall issue
                regulations to require each SPV participating in the
                loan program to make periodic reports to the Secretary
                at any time such SPV has a loan outstanding under the
                loan program. Such reports shall contain such
                information as the Secretary determines appropriate to
                maintain oversight of the funds used in the loan
                program.
            (3) Determination factors.--In making the determination of
        which SPVs should be certified to take part in the loan
        program, the Secretary shall consider--
                    (A) all information submitted in the application of
                an SPV under paragraph (1);
                    (B) the number of jobs that will likely be created
                by programs proposed by the SPV;
                    (C) the amount of economic distress experienced by
                the State in which the SPV is located, including the
                unemployment rate of such State; and
                    (D) the likelihood that the SPV will be able to
                successfully administer the programs proposed by the
                SPV.
            (4) Rulemaking.--The Secretary shall issue all regulations
        necessary for the submission of applications described under
        paragraph (1) no later than 90 days after the date of the
        enactment of this Act.
    (c) Loan-Making Process.--
            (1) In general.--Each time a certified SPV wishes to make a
        loan under a Collateral Support Program or a Loan Participation
        Program, the certified SPV shall make a request to the
        Secretary, who shall loan the requested amount to the SPV from
        the revolving loan fund, as long as sufficient amounts remain
        in the fund.
            (2) Time period.--An SPV may not make any new loans under a
        Collateral Support Program or a Loan Participation Program
        after the termination date.
    (d) Revolving Loan Fund.--
            (1) In general.--There is established in the Treasury a
        revolving loan fund for the loan program.
            (2) Initial transfer.--
                    (A) Funding from the tarp.--Of funds made available
                to the Secretary under title I of the Emergency
                Economic Stabilization Act of 2008 (12 U.S.C. 5211 et
                seq.) that remain unobligated, the Secretary shall
                transfer and credit $20,000,000,000 to the revolving
                loan fund.
                    (B) Authorization.--The amounts transferred under
                subparagraph (A) shall be deemed to be for actions
                authorized under title I of the Emergency Economic
                Stabilization Act of 2008.
            (3) Expenditures.--The Secretary shall use the amounts in
        the revolving loan fund to carry out the loan program.
            (4) Deposits.--The Secretary shall deposit amounts received
        as payment and interest on loans provided under the loan
        program into the revolving loan fund.
    (e) Termination of Loan Program.--On and after the termination
date--
            (1) no additional loans may be made by the Secretary under
        the loan program;
            (2) all amounts in the revolving loan fund shall be paid
        into the general fund of the Treasury; and
            (3) all amounts that would otherwise have been paid into
        the revolving loan fund shall be paid into the general fund of
        the Treasury.

SEC. 4. COLLATERAL SUPPORT PROGRAM.

    (a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
            (1) a qualified manufacturer that wishes to receive a loan
        from a bank, but would not otherwise have sufficient collateral
        to qualify for such a loan, may ask the bank to seek collateral
        support for such loan from the SPV;
            (2) the bank submits an application to the SPV to
        participate in the collateral support program, in such form and
        manner and containing such information as the SPV may require;
            (3) the SPV, if approving such application, deposits cash
        with the bank in an interest bearing account under the SPV's
        name, and allows such cash to act as collateral support for the
        qualified manufacturer's loan;
            (4) the interest paid on such cash deposit is paid to the
        SPV; and
            (5) as the qualified manufacturer repays the loan over
        time, the SPV draws down the amount deposited with the bank.
    (b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
            (1) Deposit limits.--The cash deposit made by the SPV may
        not represent more than 49.9 percent of the total loan amount
        and may not be in an amount more than 49.9 percent of the non-
        equity capital of the qualified manufacturer at the time the
        loan is made.
            (2) Loan amount.--The SPV may not provide more than
        $20,000,000 to any one qualified manufacturer under the
        collateral support program.
            (3) Fees.--The SPV shall require a fee or fees to be paid
        by the qualified manufacturer to the SPV, at loan closing or
        annually, which shall consist of no more than 3 percent of the
        value of the cash deposit per fee. The SPV may determine
        whether such fee should be paid in cash or in options to
        purchase equity in the qualified manufacturer, but in no case
        may such options allow for the purchase of equity in the
        qualified manufacturer that would result in the SPV holding
        more than 15 percent of the voting rights of the equity of such
        qualified manufacturer.
            (4) Exit fee.--In the event that the qualified manufacturer
        defaults on the loan made under the collateral support program,
        the bank shall repay to the SPV an amount equal to 5 percent of
        the initial deposit made by the SPV.
            (5) Oversight.--The SPV shall require--
                    (A) the bank to make periodic reports to the SPV
                during the life of the loan; and
                    (B) such other reports from the bank and the
                qualified manufacturer as the SPV determines
                appropriate to maintain oversight.

SEC. 5. LOAN PARTICIPATION PROGRAM.

    (a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
            (1) a qualified manufacturer that wishes to receive a loan
        from a bank, but would not otherwise qualify for such a loan,
        may ask the bank to seek loan participation for such loan from
        the SPV;
            (2) the bank submits an application to the SPV to
        participate in the loan participation program, in such form and
        manner and containing such information as the SPV may require;
            (3) the SPV, if approving such application, will agree to
        purchase between 1 to 49.9 percent of such loan, upon the bank
        making such loan;
            (4) the bank shall continue to service the entire loan; and
            (5) the SPV may, in coordination with the bank, permit the
        qualified manufacturer to forbear payments of interest or defer
        payments of principal on the amount of such loan purchased by
        the SPV for a period of no longer than 3 years from the date
        such loan is made.
    (b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
            (1) Loan amount.--The SPV may not pay more than $20,000,000
        for any portion of loans made to any one qualified manufacturer
        under the loan participation program.
            (2) Fee.--
                    (A) One-time fee.--The SPV shall require a one-time
                fee from the qualified manufacturer in exchange for the
                SPV participating in the loan participation program.
                    (B) Annual fee.--The bank shall require the
                qualified manufacturer to pay an annual fee to the bank
                of a minimum of 0.5 percent, and a maximum of 2
                percent, of the amount of the portion of the loan
                purchased by the SPV under the loan participation
                program.
            (3) Oversight.--The SPV shall require--
                    (A) the bank to make periodic reports to the SPV
                during the life of the loan; and
                    (B) such other reports from the bank and the
                qualified manufacturer as the SPV determines
                appropriate to maintain oversight.

SEC. 6. REPORT.

    Not later than the end of the 6-month period beginning on the date
of the enactment of this Act, and quarterly thereafter while any loan
remains outstanding under the loan program carried out under section 3,
the Secretary shall issue a report to the Congress containing--
            (1) a list of the active participants in Collateral Support
        Programs and Loan Participation Programs; and
            (2) an estimate of the impact the loan program has had on--
                    (A) the overall economy; and
                    (B) the creation of new jobs or the preservation of
                existing jobs.

Summary: Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers . Outlines SPV application requirements. Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Requires: (1) periodic reports from such banks to participating SPVs. And (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs.

To create a loan program to provide funds to State special purpose vehicles for use in collateral support programs and loan participation programs to benefit qualified manufacturers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lamprey Wild and Scenic River Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Lamprey River Study Act of 1991 (Public Law 102-
        214; 105 Stat. 1663) authorized the study of a segment of the
        Lamprey River in New Hampshire for potential inclusion in the
        National Wild and Scenic Rivers System;
            (2) the study determined that the segment of river from the
        Bunker Pond Dam in Epping, New Hampshire, to the confluence
        with the Piscassic River near the Durham-Newmarket town line is
        eligible for inclusion in the National Wild and Scenic Rivers
        System based on the free-flowing condition and outstanding
        ecological, anadromous fish, and historical values of the
        segment;
            (3) during the study, the Lamprey River Advisory Committee,
        with assistance from the National Park Service and the New
        Hampshire Department of Environmental Services, prepared a
        comprehensive management plan for the studied river segment,
        dated January 10, 1995 (referred to in this Act as the
        ``Lamprey River Management Plan''), which establishes
        objectives, standards, and action programs that will ensure
        long-term protection of the outstanding values of the river and
        compatible management of the land and water resources of the
        river, without Federal management of affected lands not owned
        by the United States;
            (4) the Lamprey River Advisory Committee has unanimously
        voted in favor of wild and scenic river designation for the
        river, and has included this recommendation as an integral part
        of the Lamprey River Management Plan; and
            (5)(A) the governing bodies of the towns of Newmarket,
        Durham, and Lee have voted to endorse the Lamprey River
        Management Plan and to seek designation of the river as a
        component of the National Wild and Scenic Rivers System; and
            (B) the upstream town of Epping, which participated in the
        study on an informal basis, has chosen not to vote on the
        Lamprey River Management Plan or designation at this time.

SEC. 3. DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
            ``(  ) Lamprey river, new hampshire.--The 11.5-mile segment
        extending from the southern Lee town line to the confluence
        with the Piscassic River in the vicinity of the Durham-
        Newmarket town line (referred to in this paragraph as the
        `segment') as a recreational river. The segment shall be
        administered by the Secretary of the Interior through
        cooperative agreements between the Secretary and the State of
        New Hampshire and the towns of Durham, Lee, and Newmarket, New
        Hampshire, under section 10(e). The segment shall be managed in
        accordance with the Lamprey River Management Plan dated January
        10, 1995, and such amendments to the plan as the Secretary of
        the Interior determines are consistent with this Act. The plan
        shall be deemed to satisfy the requirements for a comprehensive
        management plan pursuant to section 3(d).''.

SEC. 4. MANAGEMENT.

    (a) Committee.--The Secretary of the Interior shall coordinate the
management responsibilities of the Secretary under this Act and the
amendment made by this Act with respect to the river segment designated
by the amendment made by section 3 (referred to in this section as the
``segment'') with the Lamprey River Advisory Committee established
under section 483 of the New Hampshire Revised Statutes Annotated.
    (b) Land Management.--
            (1) Zoning ordinances.--For the purposes of the segment,
        the zoning ordinances adopted by the towns of Durham, Lee, and
        Newmarket, New Hampshire, including provisions for conservation
        of shorelands, floodplains, and wetlands associated with the
        segment, shall be deemed to satisfy the standards and
        requirements of section 6(c) of the Wild and Scenic Rivers Act
        (16 U.S.C. 1277(c)).
            (2) Acquisition of lands.--The provisions of section 6(c)
        that prohibit Federal acquisition of lands by condemnation
        shall apply to the segment. The authority of the Secretary to
        acquire lands for the purposes of the segment shall be limited
        to acquisition by donation or acquisition with the consent of
        the owner of the lands, and shall be subject to the additional
        criteria set forth in the Lamprey River Management Plan.

SEC. 5. UPSTREAM SEGMENT.

    Upon request by the town of Epping, New Hampshire, which abuts an
additional 12 miles of river found eligible for designation as a
recreational river under the study described in section 2(1), the
Secretary of the Interior shall offer assistance concerning continued
involvement of the town of Epping in the implementation of the Lamprey
River Management Plan and in consideration of potential future addition
of the portion of the river within Epping as a component of the
National Wild and Scenic Rivers System.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendment made by this Act.

Summary: Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire. And (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations.

Lamprey Wild and Scenic River Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Community Safety Act
of 2010''.

SEC. 2. FIRST RESPONDER AGENCY GRANTS.

    (a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:

                     ``Subtitle C--Other Assistance

``SEC. 2041. FIRST RESPONDER AGENCY GRANTS.

    ``(a) Definitions.--In this section--
            ``(1) the term `active duty' has the meaning given that
        term in section 101 of title 10, United States Code;
            ``(2) the term `eligible first responder agency' means a
        first responder agency for which the cost of operating the
        first responder agency has increased by not less than 5 percent
        as a direct result of 1 or more employees of the first
        responder agency who are reservists being placed on active
        duty;
            ``(3) the term `first responder agency' means--
                    ``(A) a law enforcement agency or fire service (as
                defined in section 4 of the Federal Fire Prevention and
                Control Act of 1974 (15 U.S.C. 2203)) of a State or
                local government; or
                    ``(B) a publicly or privately operated ambulance
                service that is--
                            ``(i) authorized or licensed by a State to
                        engage in rescue activity or to provide
                        emergency medical services; and
                            ``(ii) designated by a State as a
                        prehospital emergency medical response agency;
                        and
            ``(4) the term `reservist' means a member of a reserve
        component of the Armed Forces, as defined in section 10101 of
        title 10, United States Code.
    ``(b) Authorization.--
            ``(1) In general.--Subject to paragraph (2), the
        Administrator may make a grant to an eligible first responder
        agency for the additional costs incurred by the eligible first
        responder agency as a direct result of 1 or more employees of
        the agency or service who are reservists being placed on active
        duty.
            ``(2) Limitation for federally funded positions.--The
        Administrator may not make a grant under this section for costs
        relating to an employee being placed on active duty if Federal
        funds are used, in whole or in part, for the pay or benefits of
        the employee.
    ``(c) Use of Funds.--A grant under this section may be used for--
            ``(1) pay and benefits for an individual hired to replace
        an employee placed on active duty;
            ``(2) overtime expenses for an employee that performs tasks
        that would have been performed by an employee placed on active
        duty; and
            ``(3) the cost of equipment, maintenance, or other
        activities--
                    ``(A) the eligible first responder agency was
                unable to acquire or perform because of the cost of
                replacing an employee placed on active duty; or
                    ``(B) the need for which was caused by an employee
                being placed on active duty.
    ``(d) Period of Grant.--A grant under this section shall be for a
period of 6 months.''.
    (b) Reporting.--
            (1) Definitions.--In this subsection, the terms ``active
        duty'', ``first responder agency'', and ``reservist'' have the
        meanings given those terms in section 2041 of the Homeland
        Security Act of 2002, as added by subsection (a).
            (2) Report.--Not later than 2 years after the date of
        enactment of this Act, the Administrator of the Federal
        Emergency Management Agency shall submit to Congress a report
        regarding the placing on active duty of employees of first
        responder agencies that are reservists, including an evaluation
        of--
                    (A) the effects, including financial effects, of
                placing the employees on active duty on--
                            (i) the operation of the first responder
                        agencies; and
                            (ii) the services the first responder
                        agencies provide to the communities served by
                        the first responder agencies; and
                    (B) first responder agency grants under section
                2041 of the Homeland Security Act of 2002, as added by
                subsection (a), including the effect of the grants on--
                            (i) the operation of the first responder
                        agencies; and
                            (ii) the services the first responder
                        agencies provide to the communities served by
                        the first responder agencies.
    (c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following:

                     ``Subtitle C--Other Assistance

``Sec. 2041. First responder agency grants.''.

Summary: Strengthening Community Safety Act of 2010 - Amends the Homeland Security Act of 2002 to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to an eligible first responder agency for the additional costs incurred as a direct result of one or more of its employees who are reservists being placed on active duty. Defines eligible first responder agency as one for which the cost of operating has increased by not less than 5 as a direct result of such employees being placed on active duty. Prohibits the Administrator from making a grant for costs relating to an employee being placed on active duty if federal funds are used for that employee's pay or benefits. Authorizes the use of grant funds for: (1) pay or benefits for an individual hired to replace such an employee. (2) overtime expenses for an individual who performs tasks that would have been performed by such an employee. And (3) the cost of equipment, maintenance, or other activities the agency was unable to acquire or perform because of the cost of replacing such an employee or the need for which was caused by an employee being placed on active duty. Limits the grant period to six months.

A bill to establish a grant program for first responder agencies that experience an extraordinary financial burden resulting from the deployment of employees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Trade Secrets
and Innovation Act of 2012''.

SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.

    (a) In General.--Section 1836 of title 18, United States Code, is
amended to read as follows:
``Sec. 1836. Civil proceedings
    ``(a) Private Civil Actions.--
            ``(1) In general.--A person may bring a civil action under
        this subsection if the person is aggrieved by--
                    ``(A) a violation of section 1831(a) or 1832(a); or
                    ``(B) a misappropriation of a trade secret that is
                related to or included in a product that is produced
                for or placed in interstate or foreign commerce.
            ``(2) Pleadings.--A complaint filed in a civil action
        brought under this subsection shall--
                    ``(A) describe with specificity the reasonable
                measures taken to protect the secrecy of the alleged
                trade secrets in dispute; and
                    ``(B) include a sworn representation by the party
                asserting the claim that the dispute involves either
                substantial need for nationwide service of process or
                misappropriation of trade secrets from the United
                States to another country.
            ``(3) Civil ex parte seizure order.--
                    ``(A) In general.--In a civil action brought under
                this subsection, the court may, upon ex parte
                application and if the court finds by clear and
                convincing evidence that issuing the order is necessary
                to prevent irreparable harm, issue an order providing
                for--
                            ``(i) the seizure of any property
                        (including computers) used or intended to be
                        used, in any manner or part, to commit or
                        facilitate the commission of the violation
                        alleged in the civil action; and
                            ``(ii) the preservation of evidence in the
                        civil action.
                    ``(B) Scope of orders.--An order issued under
                subparagraph (A) shall--
                            ``(i) authorize the retention of the seized
                        property for a reasonably limited period, not
                        to exceed 72 hours under the initial order,
                        which may be extended by the court after notice
                        to the affected party and an opportunity to be
                        heard;
                            ``(ii) require that any copies of seized
                        property made by the requesting party be made
                        at the expense of the requesting party;
                            ``(iii) require the requesting party to
                        return the seized property to the party from
                        which the property were seized at the end of
                        the period authorized under clause (i),
                        including any extension; and
                            ``(iv) include an appropriate protective
                        order with respect to discovery and use of any
                        property that has been seized, which shall
                        provide for appropriate procedures to ensure
                        that confidential, private, proprietary, or
                        privileged information contained in the seized
                        property is not improperly disclosed or used.
                    ``(C) Seizures.--A party injured by a seizure under
                an order under this paragraph--
                            ``(i) may bring a civil action against the
                        applicant for the order; and
                            ``(ii) shall be entitled to recover
                        appropriate relief, including--
                                    ``(I) damages for lost profits,
                                cost of materials, and loss of good
                                will;
                                    ``(II) if the seizure was sought in
                                bad faith, punitive damages; and
                                    ``(III) unless the court finds
                                extenuating circumstances, to recover a
                                reasonable attorney's fee.
            ``(4) Remedies.--In a civil action brought under this
        subsection, a court may--
                    ``(A) issue--
                            ``(i) an order for appropriate injunctive
                        relief against any violation described in
                        paragraph (1), including the actual or
                        threatened misappropriation of trade secrets;
                            ``(ii) if determined appropriate by the
                        court, an order requiring affirmative actions
                        to be taken to protect a trade secret; and
                            ``(iii) if the court determines that it
                        would be unreasonable to prohibit use of a
                        trade secret, an order requiring payment of a
                        reasonable royalty for any use of the trade
                        secret;
                    ``(B) award--
                            ``(i) damages for actual loss caused by the
                        misappropriation of a trade secret; and
                            ``(ii) damages for any unjust enrichment
                        caused by the misappropriation of the trade
                        secret that is not addressed in computing
                        damages for actual loss;
                    ``(C) if the trade secret described in paragraph
                (1)(B) is willfully or maliciously misappropriated,
                award exemplary damages in an amount not more than the
                amount of the damages awarded under subparagraph (B);
                and
                    ``(D) if a claim of misappropriation is made in bad
                faith, a motion to terminate an injunction is made or
                opposed in bad faith, or a trade secret is willfully
                and maliciously misappropriated, award reasonable
                attorney's fees to the prevailing party.
    ``(b) Jurisdiction.--The district courts of the United States shall
have original jurisdiction of civil actions brought under this section.
    ``(c) Period of Limitations.--A civil action under this section may
not be commenced later than 3 years after the date on which the
misappropriation is discovered or by the exercise of reasonable
diligence should have been discovered. For purposes of this subsection,
a continuing misappropriation constitutes a single claim of
misappropriation.''.
    (b) Definitions.--Section 1839 of title 18, United States Code, is
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) the term `misappropriation' means--
                    ``(A) acquisition of a trade secret of another by a
                person who knows or has reason to know that the trade
                secret was acquired by improper means; or
                    ``(B) disclosure or use of a trade secret of
                another without express or implied consent by a person
                who--
                            ``(i) used improper means to acquire
                        knowledge of the trade secret;
                            ``(ii) at the time of disclosure or use,
                        knew or had reason to know that the knowledge
                        of the trade secret was--
                                    ``(I) derived from or through a
                                person who had used improper means to
                                acquire the trade secret;
                                    ``(II) acquired under circumstances
                                giving rise to a duty to maintain the
                                secrecy of the trade secret or limit
                                the use of the trade secret; or
                                    ``(III) derived from or through a
                                person who owed a duty to the person
                                seeking relief to maintain the secrecy
                                of the trade secret or limit the use of
                                the trade secret; or
                            ``(iii) before a material change of the
                        position of the person, knew or had reason to
                        know that--
                                    ``(I) the trade secret was a trade
                                secret; and
                                    ``(II) knowledge of the trade
                                secret had been acquired by accident or
                                mistake; and
            ``(6) the term `improper means'--
                    ``(A) includes theft, bribery, misrepresentation,
                breach or inducement of a breach of a duty to maintain
                secrecy, or espionage through electronic or other
                means; and
                    ``(B) does not include reverse engineering or
                independent derivation.''.
    (c) Technical and Conforming Amendment.--The table of sections for
chapter 90 of title 18, United States Code, is amended by striking the
item relating to section 1836 and inserting the following:

``1836. Civil proceedings.''.
    (d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to modify the rule of construction under
section 1838 of title 18, United States Code, or to preempt any other
provision of law.

Summary: Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act . Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence. Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.

A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Derivatives and Hedge Fund
Regulatory Improvement Act of 2008''.

SEC. 2. COORDINATED RULEMAKING.

    (a) Initiation of Proceedings.--Not later than 90 days after the
date of enactment of this Act, the appropriate Federal banking
agencies, in coordination with the Commission, after consultation with
the Secretary of the Treasury and the Commodity Futures Trading
Commission, shall initiate a coordinated rulemaking with respect to the
entities under their respective jurisdictions that engage in
transactions involving unregistered hedge funds or over-the-counter
derivatives--
            (1) to extend the requirements of regulations relating to
        the safety and soundness of the financial system applicable to
        mutual funds under the Investment Company Act of 1940 (15
        U.S.C. 80a-1 et seq.) to unregistered hedge funds, including--
                    (A) requiring the fund to disclose its policies on
                borrowing money and requiring a shareholder vote to
                change such policy, as in section 5 of that Act (15
                U.S.C. 80a-5);
                    (B) strict record keeping and reporting rules, as
                in section 30 of that Act (15 U.S.C. 80a-29); and
                    (C) capital structure requirements, as in section
                18 of that Act (15 U.S.C. 80a-18);
            (2) to provide for the regulation of over-the-counter
        derivatives, including credit default swaps, interest rate
        swaps, currency swaps, mortgage-backed securities, asset-backed
        securities, collateralized debt obligations, and other
        derivatives that are not traded on a national securities
        exchange or by a registered securities association, in the
        public interest and for the protection of investors, the
        stability of the financial markets, and the well-being of the
        economy; and
            (3) to prohibit insured depository institutions from
        trading derivatives for their own accounts.
    (b) Coordination, Consistency, and Comparability.--Each of the
agencies and authorities referred to in subsection (a) shall consult
and coordinate with the other such agencies and authorities for the
purpose of assuring, to the extent possible, that the regulations by
each such agency and authority are consistent and comparable with those
prescribed by the other such agencies and authorities.

SEC. 3. SCOPE AND DEADLINE.

    The appropriate Federal banking agencies and the Commission shall,
not later than 12 months after the date of enactment of this Act, issue
the rules required by this Act in final form that are designed--
            (1) to avoid systemic risks to the financial markets;
            (2) to ensure safe and sound operation of banks, including
        by requiring the maintenance of sufficient capital levels and
        limits on aggregate leverage and establishing appropriate
        restrictions on the buying, selling, or entering into
        derivatives by an insured depository institution for its own
        account; and
            (3) to provide means to prevent fraudulent, deceptive, or
        manipulative practices.

SEC. 4. AUTHORITY TO GRANT EXCEPTIONS.

    The regulations prescribed under this Act may allow an insured
depository institution to purchase, sell, or engage in traditional
hedging transactions or to purchase, sell, or engage in transactions
involving de minimus interests in derivatives for the account of that
institution, but only to the extent that such exceptions are consistent
with the safety and soundness of such institution.

SEC. 5. AGENCY AUTHORITY.

    The rules issued under this Act shall be enforced by the
appropriate Federal banking agencies with respect to entities under
their respective jurisdictions, and by the Commission with respect to
any other entity that engages in transactions involving unregistered
hedge funds or over-the-counter derivatives.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the terms ``appropriate Federal banking agency'',
        ``Federal banking agencies'', and ``insured depository
        institution'' have the same meanings as in section 3 of the
        Federal Deposit Insurance Act (12 U.S.C. 1813);
            (2) the term ``Commission'' means the Securities and
        Exchange Commission; and
            (3) the term ``derivative''--
                    (A) means any financial contract or other
                instrument that derives its value from the value or
                performance of any security or other financial
                instrument, or of any excluded commodity (as that term
                is defined in section 1a of the Commodity Exchange Act
                (7 U.S.C. 1a)); and
                    (B) does not include--
                            (i) any security that is traded on a
                        national securities exchange or on an automated
                        interdealer quotation system sponsored by a
                        securities association registered under section
                        15A of the Securities Exchange Act of 1934 (15
                        U.S.C. 78o-3); or
                            (ii) any forward contract which has a
                        maturity at a time of issuance of not longer
                        than 270 days;
            (4) the term ``unregistered hedge fund''--
                    (A) means any pooled investment vehicle, or group
                or family of pooled investment vehicles, that--
                            (i) has total assets under management of
                        not less than $1,000,000,000 or such other
                        amount as is determined to be appropriate by
                        the appropriate Federal banking agency and the
                        Commission with respect to the entities under
                        their respective jurisdictions; and
                            (ii) is excepted from the definition of an
                        investment company by paragraph (1) or (7) of
                        section 3(c) of the Investment Company Act of
                        1940, or is a foreign company that would be
                        required to obtain an order from the Commission
                        under section 7(d) of that Act if it made a
                        public offering of its securities by use of the
                        mails and means or instrumentalities of
                        interstate commerce; and
                    (B) does not include a commodity pool operator or
                futures commission merchant (as such terms are defined
                in section 1a of the Commodity Exchange Act (7 U.S.C.
                1a)).

Summary: Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds. (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association. And (3) prohibit insured depository institutions from trading derivatives for their own accounts. Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets. (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account. And (3) provide means to prevent fraudulent, deceptive, or manipulative practices.

A bill to address the regulation of derivatives and unregistered hedge funds, and for other purposes.