SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Irrigation Subsidy Reduction Act of
1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Federal reclamation program has been in existence
        for over 90 years, with an estimated taxpayer investment of
        over $70,000,000,000;
            (2) the program has had and continues to have an enormous
        effect on the water resources and aquatic environments of the
        western States;
            (3) irrigation water made available from Federal water
        projects in the West is a very valuable resource for which
        there are increasing and competing demands;
            (4) the justification for providing water at less than full
        cost was to benefit and promote the development of small family
        farms and exclude large corporate farms, but this purpose has
        been frustrated over the years due to inadequate implementation
        of subsidy and acreage limits;
            (5) below-cost water prices tend to encourage excessive use
        of scarce water supplies in the arid regions of the West, and
        reasonable price increases to the wealthiest western farmers
        would provide an economic incentive for greater water
        conservation;
            (6) the Federal Government has increasingly applied
        eligibility tests based on income for Federal entitlement and
        subsidy programs, measures that are consistent with the
        historic approach of the reclamation program's acreage
        limitations that seek to limit water subsidies to smaller
        farms; and
            (7) including a means test based on gross income in the
        reclamation program will increase the effectiveness of carrying
        out the family farm goals of the Federal reclamation laws.

SEC. 3. AMENDMENTS.

    (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982
(43 U.S.C. 390bb) is amended--
            (1) by redesignating paragraphs (7), (8), (9), (10), and
        (11) as paragraphs (9), (10), (11), (12), and (13),
        respectively;
            (2) in paragraph (6) by striking ``owned or operated under
        a lease which'' and inserting ``owned, leased, or operated by
        an individual or legal entity and which'';
            (3) by inserting after paragraph (6) the following:
            ``(7) Legal entity.--The term `legal entity' includes a
        corporation, association, partnership, trust, joint tenancy, or
        tenancy in common, or any other entity that owns, leases, or
        operates a farm operation for the benefit of more than 1
        individual under any form of agreement or arrangement.
            ``(8) Operator.--
                    ``(A) In general.--The term `operator'--
                            ``(i) means an individual or legal entity
                        that operates a single farm operation on a
                        parcel (or parcels) of land that is owned or
                        leased by another person (or persons) under any
                        form of agreement or arrangement (or agreements
                        or arrangements); and
                            ``(ii) if the individual or legal entity--
                                    ``(I) is an employee of an
                                individual or legal entity, includes
                                the individual or legal entity; or
                                    ``(II) is a legal entity that
                                controls, is controlled by, or is under
                                common control with another legal
                                entity, includes each such other legal
                                entity.
                    ``(B) Operation of a farm operation.--For the
                purposes of subparagraph (A), an individual or legal
                entity shall be considered to operate a farm operation
                if the individual or legal entity is the person that
                performs the greatest proportion of the decisionmaking
                for and supervision of the agricultural enterprise on
                land served with irrigation water.''; and
            (4) by adding at the end the following:
            ``(14) Single farm operation.--
                    ``(A) In general.--The term `single farm operation'
                means the total acreage of land served with irrigation
                water for which an individual or legal entity is the
                operator.
                    ``(B) Rules for determining whether separate
                parcels are operated as a single farm operation.--
                            ``(i) Equipment- and labor-sharing
                        activities.--The conduct of equipment- and
                        labor-sharing activities on separate parcels of
                        land by separate individuals or legal entities
                        shall not by itself serve as a basis for
                        concluding that the farming operations of the
                        individuals or legal entities constitute a
                        single farm operation.
                            ``(ii) Performance of certain services.--
                        The performance by an individual or legal
                        entity of an agricultural chemical application,
                        pruning, or harvesting for a farm operation on
                        a parcel of land shall not by itself serve as a
                        basis for concluding that the farm operation on
                        that parcel of land is part of a single farm
                        operation operated by the individual or entity
                        on other parcels of land.''.
    (b) Identification of Owners, Lessees, and Operators and of Single
Farm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 39aa et
seq.) is amended by inserting after section 201 the following:

``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF
              SINGLE FARM OPERATIONS.

    ``(a) In General.--Subject to subsection (b), for each parcel of
land to which irrigation water is delivered or proposed to be
delivered, the Secretary shall identify a single individual or legal
entity as the owner, lessee, or operator.
    ``(b) Shared Decisionmaking and Supervision.--If the Secretary
determines that no single individual or legal entity is the owner,
lessee, or other individual that performs the greatest proportion of
decisionmaking for and supervision of the agricultural enterprise on a
parcel of land--
            ``(1) all individuals and legal entities that own, lease,
        or perform a proportion of decisionmaking and supervision that
        is equal as among themselves but greater than the proportion
        performed by any other individual or legal entity shall be
        considered jointly to be the owner, lessee, or operator; and
            ``(2) all parcels of land of which any such individual or
        legal entity is the owner, lessee, or operator shall be
        considered to be part of the single farm operation of the
        owner, lessee, or operator identified under subsection (1).
    (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43
U.S.C. 390ee) is amended by adding at the end the following:
    ``(d) Single Farm Operations Generating More Than $500,000 in Gross
Farm Income.--
            ``(1) In general.--Notwithstanding subsections (a), (b),
        and (c), in the case of--
                    ``(A) a qualified recipient that reports gross farm
                income from a single farm operation in excess of
                $500,000 for a taxable year; or
                    ``(B) a limited recipient that received irrigation
                water on or before October 1, 1981, and that reports
                gross farm income from a single farm operation in
                excess of $500,000 for a taxable year;
        irrigation water may be delivered to the single farm operation
        of the qualified recipient or limited recipient at less than
        full cost to a number of acres that does not exceed the number
        of acres determined under paragraph (2).
            ``(2) Maximum number of acres to which irrigation water may
        be delivered at less than full cost.--The number of acres
        determined under this subparagraph is the number equal to the
        number of acres of the single farm operation multiplied by a
        fraction, the numerator of which is $500,000 and the
        denominator of which is the amount of gross farm income
        reported by the qualified recipient or limited recipient in the
        most recent taxable year.
            ``(3) Inflation adjustment.--
                    ``(A) In general.--The $500,000 amount under
                paragraphs (1) and (2) for any taxable year beginning
                in a calendar year after 1997 shall be equal to the
                product of--
                            ``(i) $500,000, multiplied by
                            ``(ii) the inflation adjustment factor for
                        the taxable year.
                    ``(B) Inflation adjustment factor.--The term
                `inflation adjustment factor' means, with respect to
                any calendar year, a fraction the numerator of which is
                the GDP implicit price deflator for the preceding
                calendar year and the denominator of which is the GDP
implicit price deflator for 1996. Not later than April 1 of any
calendar year, the Secretary shall publish the inflation adjustment
factor for the preceding calendar year.
                    ``(C) GDP implicit price deflator.--For purposes of
                subparagraph (B), the term `GDP implicit price
                deflator' means the first revision of the implicit
                price deflator for the gross domestic product as
                computed and published by the Secretary of Commerce.
                    ``(D) Rounding.--If any increase determined under
                subparagraph (A) is not a multiple of $100, the
                increase shall be rounded to the next lowest multiple
                of $100.''.
    (d) Certification of Compliance.--Section 206 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows:

``SEC. 206. CERTIFICATION OF COMPLIANCE.

    ``(a) In General.--As a condition to the receipt of irrigation
water for land in a district that has a contract described in section
203, each owner, lessee, or operator in the district shall furnish the
district, in a form prescribed by the Secretary, a certificate that the
owner, lessee, or operator is in compliance with this title, including
a statement of the number of acres owned, leased, or operated, the
terms of any lease or agreement pertaining to the operation of a farm
operation, and, in the case of a lessee or operator, a certification
that the rent or other fees paid reflect the reasonable value of the
irrigation water to the productivity of the land.
    ``(b) Documentation.--The Secretary may require a lessee or
operator to submit for the Secretary's examination--
            ``(1) a complete copy of any lease or other agreement
        executed by each of the parties to the lease or other
        agreement; and
            ``(2) a copy of the return of income tax imposed by chapter
        1 of the Internal Revenue Code of 1986 for any taxable year in
        which the single farm operation of the lessee or operator
        received irrigation water at less than full cost.''.
    (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43
U.S.C. 390nn) is repealed.
    (f) Administrative Provisions.--
            (1) Penalties.--Section 224(c) of the Reclamation Reform
        Act of 1982 (43 U.S.C. 390ww(c)) is amended--
                    (A) by striking ``(c) The Secretary'' and inserting
                the following:
    ``(c) Regulations; Data Collection; Penalties.--
            ``(1) Regulations; data collection.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Penalties.--Notwithstanding any other provision of
        law, the Secretary shall establish appropriate and effective
        penalties for failure to comply with any provision of this Act
        or any regulation issued under this Act.''.
            (2) Interest.--Section 224(i) of the Reclamation Reform Act
        of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last
        sentence and inserting the following: ``The interest rate
        applicable to underpayments shall be equal to the rate
        applicable to expenditures under section 202(3)(C).''.
    (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982
(43 U.S.C. 390zz) is amended by inserting ``operator or'' before
``contracting entity'' each place it appears.
    (h) Memorandum of Understanding.--The Reclamation Reform Act of
1982 (43 U.S.C. 390aa et seq.) is amended--
            (1) by redesignating sections 229 and 230 as sections 230
        and 231; and
            (2) by inserting after section 228 the following:

``SEC. 229. MEMORANDUM OF UNDERSTANDING.

    ``The Secretary, the Secretary of the Treasury, and the Secretary
of Agriculture shall enter into a memorandum of understanding or other
appropriate instrument to permit the Secretary, notwithstanding section
6103 of the Internal Revenue Code of 1986, to have access to and use of
available information collected or maintained by the Department of the
Treasury and the Department of Agriculture that would aid enforcement
of the ownership and pricing limitations of Federal reclamation law.''.

Summary: Irrigation Subsidy Reduction Act of 1996 - Amends the Reclamation Reform Act of 1982 to define the terms legal entity, operator, and single farm operation. Directs the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator. Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year. Or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount. Provides an inflation adjustment for calendar years after 1997. Requires lessees of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost. Repeals a provision exempting district lands held in trust from Federal reclamation ownership and cost pricing limitations. Directs the Secretary to establish penalties for failure to comply with provisions of the Act. Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Fannie Mae and Freddie
Mac Investigative Commission Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has suffered tremendously from the
        irresponsible and unchecked growth of the mortgage industry
        which proliferated under the policies of Fannie Mae and Freddie
        Mac.
            (2) The Federal conservatorship of Fannie Mae and Freddie
        Mac may cost the American people a minimum of $200,000,000,000,
        and potentially $2.4 trillion, making it potentially the
        largest financial bailout in our Nation's history.
            (3) The American people, forced to shoulder the financial
        burden of the bailout, deserve to know what went wrong and why.
            (4) Any executive officers and members of the boards of
        directors at Fannie Mae and Freddie Mac who may have exercised
        poor judgment or committed wrongdoing should be held
        accountable for such judgments and actions.
            (5) In June 2003, Freddie Mac disclosed that it had
        misstated its earnings by roughly $5 billion between the years
        2000 and 2002 to smooth the appearance of quarterly volatility
        in earnings and to meet Wall Street expectations.
            (6) In December 2004, the Securities and Exchange
        Commission found that Fannie Mae had violated accounting rules
        and needed to restate its earnings by recording a loss of up to
        $9 billion from 2001 to 2004 based on board policies
        established prior to that period.
            (7) The shareholders of Fannie Mae and Freddie Mac and the
        employees and directors of the boards of these enterprises have
        enjoyed large dividends, bonuses, salaries, and other
        compensation based on policies and practices that may have been
        misguided or fraudulent.
            (8) In 2007, former Freddie Mac Chairman and Chief
        Executive Richard Syron alone received nearly $18,300,000 in
        compensation, despite the fact that the enterprise's stock lost
        half its value.
            (9) Last year, former Fannie Mae President and Chief
        Executive Daniel Mudd received compensation valued at
        $11,600,000.
            (10) Previous investigations of Fannie Mae and Freddie Mac
        have focused on accounting fraud, but there have not been any
        investigations on the policies and decisions that contributed
        to and exacerbated our Nation's housing crisis and financial
        collapse of these corporations.
            (11) According to the Office of Federal Housing Enterprise
        Oversight, regulation allowed Freddie Mac and Fannie Mae to
        overleverage and operate with just $83.2 billion of capital at
        the end of 2007, even though it supported $5.2 trillion of debt
        and guarantees.
            (12) Although the executive officers of Fannie Mae and
        Freddie Mac have come under scrutiny, their boards of directors
        have been held harmless throughout the Nation's housing crisis,
        despite having the authority to create, influence, and vote for
        the policies of such enterprises.
            (13) The involvement of the boards of directors in the
        policies of Fannie Mae and Freddie Mac has been shrouded in
        secrecy, as their policymaking decisions have not been publicly
        disclosed, despite the public protections and benefits their
        enterprises receive.
            (14) There is a need to fully understand what went wrong in
        the management of Fannie Mae and Freddie Mac and the misguided,
        potentially fraudulent board policies and practices that
        ultimately led to the Federal conservatorship of such
        enterprises so that similar mistakes will not be repeated in
        the future.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Independent
Fannie Mae and Freddie Mac Investigative Commission'' (in this Act
referred to as the ``Commission''). The Commission shall function upon
the legislation being signed by the President of the United States and
will conduct its investigations for a period of two years, issuing a
final report upon completion with necessary hearings and assembly of
related records for the period following the savings and loan crisis of
the 1980s to the present.

SEC. 4. DUTIES OF THE COMMISSION.

    The Commission shall investigate, determine, and make
recommendations with respect to the following:
            (1) The policies, practices, and board decisions of Fannie
        Mae and Freddie Mac from the 1990s through the present that led
        to the enterprises' financial instability and the subsequent
        Federal conservatorship of such enterprises.
            (2) Fannie Mae and Freddie Mac's involvement, if any, in
        the creation and proliferation of the securitized mortgage
        instrument, and how such instrument affected the solvency of
        such enterprises.
            (3) The role of the boards of directors of Fannie Mae and
        Freddie Mac in developing the accounting and financial risk
        policies of such enterprises, particularly as they relate to
        subprime mortgages and the international securitization of
        mortgages.
            (4) The actions of each board member or members, executive
        officer or officers, or the board member or members and
        executive officer or officers responsible for making the
        financial decisions to grow such enterprises' portfolios of
        subprime mortgage loans.
            (5) The board member or members, executive officer or
        officers, or the board member or members and executive officer
        or officers responsible for making the decisions that may have
        encouraged the proliferation of the subprime mortgage industry.
            (6) The decisions that contributed to the overvaluation of
        risky mortgage investments in the stock market and to the
        growth of the subprime mortgage industry.
            (7) The annual compensation, stock options, and other
        financial benefits that accrued to each of Fannie Mae and
        Freddie Mac's executive officers and members of their boards of
        directors from 1990 to 2008.
            (8) The board members, if any, who financially benefitted
        from their appointment to either board of directors and/or
        through the decisions of such board.
            (9) The tracking of political contributions to Presidential
        and congressional elections and campaign funds that served to
        influence U.S. housing policy by board members, officers, and
        employees.
            (10) The appropriate role of Fannie Mae and Freddie Mac in
        the U.S. housing market nationwide and regionally.
            (11) Such other matters that the President or the Congress
        may place before the Commission.
            (12) The Commission shall possess full subpoena power and
        authority to hire necessary staff to conduct its affairs.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 9
members appointed by the President as follows:
            (1) One member who shall serve as the Chairperson, shall be
        appointed with the advice of the Senate.
            (2) Eight members, not more than four of whom shall be
        members of the same political party, to be appointed based on
        recommendations from the Speaker and the minority leader of the
        House of Representatives, and the majority leader and minority
        leader of the Senate, who shall each submit the names of two
        recommended candidates to the President.
    (b) Terms.--Each member shall be appointed for the life of the
Commission.
    (c) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made for the remainder of
that term. If there is a vacancy in the Chair of the Commission, the
remaining members of the Commission may choose from among the members
an interim Chairperson to serve until a new Chairperson is appointed.

SEC. 6. COMPENSATION.

    Members of Congress.--Members of the Commission who are Members of
Congress shall not receive additional pay, allowances, or benefits by
reason of their service on the Commission, but, as permitted by law,
may be reimbursed for travel, subsistence, and other necessary expenses
incurred when performing duties of the Commission.

SEC. 7. COMMISSION HIRING ALLOWANCE.

    Such sums as are necessary shall be appropriated to conduct the
activities of the Commission but shall be no less than $5 million
annually. Recovery of any assets fraudulently accruing to members of
the boards of directors shall be returned to the general Treasury to
offset such expenditures.

Summary: Independent Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Independent Fannie Mae and Freddie Mac Investigative Commission to investigate and issue a final report on the period following the savings and loan crisis of the 1980s to the present. Requires the Commission to investigate: (1) the policies, practices, and board decisions of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation from the 1990s through the present that led to their financial instability and subsequent federal conservatorship. (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected their solvency. (3) the role of their boards of directors in developing their accounting and financial risk policies. (4) the actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow the enterprises' portfolios of subprime mortgage loans. And (5) the board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry.

To establish the independent Fannie Mae and Freddie Mac Investigative Commission to investigate the actions of officers and directors at Fannie Mae and Freddie Mac responsible for making the decisions that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises, and any financial gain that accrued to such officers and directors.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Portable Fuel Container Safety Act
of 2017''.

SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
              CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION
              SOURCES.

    (a) Rule on Safety Performance Standards Required.--Not later than
30 months after the date of enactment of this section, the Consumer
Product Safety Commission shall promulgate a final rule for flame
mitigation devices in portable fuel containers that impedes the
propagation of flame into the container, except as provided in
subsection (c).
    (b) Rulemaking; Consumer Product Safety Standard.--A rule under
subsection (a)--
            (1) shall be promulgated in accordance with section 553 of
        title 5, United States Code; and
            (2) shall be treated as a consumer product safety rule
        promulgated under section 9 of the Consumer Product Safety Act
        (15 U.S.C. 2058).
    (c) Exception.--
            (1) Voluntary standard.--Subsection (a) shall not apply if
        the Commission determines that--
                    (A) there is a voluntary standard for flame
                mitigation devices in portable fuel containers that
                impedes the propagation of flame into the container;
                    (B) the voluntary standard is or will be in effect
                not later than 18 months after the date of enactment of
                this Act; and
                    (C) the voluntary standard is developed by
                Subcommittee F15 of ASTM International or such other
                standard development organization that the Commission
                determines to have met the intent of this Act.
            (2) Determination required to be published in the federal
        register.--Any determination made by the Commission under this
        subsection shall be published in the Federal Register.
    (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If
the Commission determines that a voluntary standard meets the
conditions described in subsection (c), the requirements of such
voluntary standard shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
beginning on the date which is the later of--
            (1) 180 days after publication of the Commission's
        determination under subsection (c); or
            (2) the effective date contained in the voluntary standard.
    (e) Revision of Voluntary Standard.--
            (1) Notice to commission.--If the requirements of a
        voluntary standard that meet the conditions of subsection (c)
        are subsequently revised, the organization that revised the
        standard shall notify the Commission not later than 60 days
        after the final approval of the revision.
            (2) Effective date of revision.--Not later than 180 days
        after the Commission is notified of a revised voluntary
        standard described in paragraph (1) (or such later date as the
        Commission determines appropriate), such revised voluntary
        standard shall become enforceable as a consumer product safety
        rule promulgated under section 9 of the Consumer Product Safety
        Act, in place of the prior version, unless within 90 days after
        receiving the notice the Commission determines that the revised
        voluntary standard does not meet the requirements described in
        subsection (c).
    (f) Future Rulemaking.--The Commission, at any time after
publication of the consumer product safety rule required by subsection
(a), a voluntary standard is treated as a consumer product safety rule
under subsection (d), or a revision is enforceable as a consumer
product safety rule under subsection (e) may initiate a rulemaking in
accordance with section 553 of title 5, United States Code, to modify
the requirements or to include any additional provision that the
Commission determines is reasonably necessary to protect public health
or safety. Any rule promulgated under this subsection shall be treated
as a consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act.
    (g) Action Required.--
            (1) Education campaign.--Not later than 1 year after the
        date of enactment of this Act, the Commission shall undertake a
        campaign to educate consumers about the dangers associated with
        using or storing portable fuel containers for flammable liquids
        near an open flame or any other source of ignition.
            (2) Summary of actions.--Not later than 2 years after the
        date of enactment of this Act, the Commission shall submit to
        Congress a summary of actions taken by the Commission in such
        campaign.
    (h) Portable Fuel Container Defined.--In this section, the term
``portable fuel container'' means any container or vessel (including
any spout, retrofit spout, cap, and other closure mechanism or
component of such container or vessel)--
            (1) intended for flammable liquid fuels, including
        gasoline, kerosene, diesel, ethanol, methanol, denatured
        alcohol, biofuels, or liquids with a flash point less than 140
        degrees Fahrenheit;
            (2) that is a consumer product with a capacity of 5 gallons
        or less; and
            (3) that the manufacturer knows or reasonably should know
        is used by consumers for receiving, transporting, storing, and
        dispensing flammable liquid fuels.
    (i) Rule of Construction.--This section may not be interpreted to
conflict with the Children's Gasoline Burn Prevention Act (Public Law
110-278; 122 Stat. 2602).

SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.

    (a) Amendment.--Section 2(c) of the Children's Gasoline Burn
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by
inserting after ``for use by consumers'' the following: ``and any
receptacle for gasoline, kerosene, or diesel fuel, including any spout,
retrofit spout, cap, and other closure mechanism and component of such
receptacle, produced or distributed for sale to or use by consumers for
transport of, or refueling of internal combustion engines with,
gasoline, kerosene, or diesel fuel''.
    (b) Applicability.--The amendment made by subsection (a) shall take
effect 6 months after the date of enactment of this section.

Summary: Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel.


SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION.

    Section 3503 of title 46, United States Code, is amended to read as
follows:
``Sec. 3503. Fire-retardant materials
    ``(a)(1) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be granted a
certificate of inspection only if--
            ``(A) the vessel is constructed of fire-retardant
        materials; and
            ``(B) the vessel--
                    ``(i) is operating engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators that meet current Coast Guard
                regulations;
                    ``(ii) is operating boilers and main electrical
                generators that are contained within noncombustible
                enclosures equipped with fire suppression systems; and
                    ``(iii) has multiple forms of egress off the
                vessel's bow and stern.
    ``(2) Before December 1, 2028, this section does not apply to any
vessel in operation before January 1, 1968, and operating only within
the Boundary Line.
    ``(b)(1) When a vessel is exempted from the fire-retardant
standards of subsection (a)--
            ``(A) the owner or managing operator of the vessel shall--
                    ``(i) notify in writing prospective passengers,
                prior to the sale of any ticket for boarding and to be
                affirmatively recognized by such passenger prior to
                purchase, and any crew member that the vessel does not
                comply with applicable fire safety standards due
                primarily to the wooden construction of passenger
                berthing areas; and
                    ``(ii) display in clearly legible font prominently
                throughout the vessel, including in each state room the
                following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY
                RULES AND REGULATIONS OF THE U.S. COAST GUARD.';
            ``(B) the owner or managing operator of the vessel--
                    ``(i) may not disclaim liability to a passenger or
                crew member for death, injury, or any other loss caused
                by fire due to the negligence of the owner or managing
                operator; and
                    ``(ii) shall acquire prior to entering service, and
                maintain, liability insurance in an amount to be
                prescribed by the Federal Maritime Commission;
            ``(C) the penalties provided in section 3504(c) of this
        title apply to a violation of this subsection;
            ``(D) the owner or managing operator of the vessel shall--
                    ``(i) make annual structural alteration to not less
                than 10 percent of the areas of the vessel that are not
                constructed of fire retardant materials;
                    ``(ii) prioritize alterations in galleys,
                engineering areas of the vessel, including all spaces
                and compartments containing, or adjacent to spaces and
                compartments containing, engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators;
                    ``(iii) ensure, to the satisfaction of the Coast
                Guard, that the combustible fire-load has been reduced
                pursuant to clause (i) during each annual inspection
                for certification; and
                    ``(iv) provide advance notice to the Coast Guard
                regarding the structural alterations made pursuant to
                clause (i) and comply with any noncombustible material
                requirements prescribed by the Coast Guard;
            ``(E) the Coast Guard, in making the determination required
        in subparagraph (D)(iii), shall consider, to the extent
        practicable, the goal of preservation of the historic integrity
        of the vessel in areas carrying or accessible to passengers or
        generally visible to the public;
            ``(F) the owner or managing operator of the vessel shall
        annually notify all ports of call and State emergency
        management offices of jurisdiction that the vessel does not
        comply with applicable fire safety standards due primarily to
        the wooden construction of passenger berthing areas;
            ``(G) the crews manning such vessel shall receive
        specialized training, above minimum standards, in regards to
        shipboard firefighting that is specialized for exempted vessels
        and approved by the Coast Guard; and
            ``(H) the owner or managing operator of the vessel shall,
        to the extent practicable, take all steps to retain previously
        trained crew knowledgeable of such vessel or to hire crew
        trained in operations aboard exempted vessels.
    ``(2) The Secretary shall conduct an annual audit and inspection of
any vessel exempted from the fire-retardant standards of subsection
(a).
    ``(c) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include the manner in which prospective
passengers are to be notified.
    ``(d) In addition to other penalties permitted by law, the
Secretary is authorized to immediately withdraw a certificate of
inspection for a passenger vessel that does not comply with any
requirement under this section.''.

Summary: This bill revises the requirements for passenger vessels that are exempt from fire-retardant materials standards. Vessels in operation before January 1, 1968, that operate within inland waterways are exempt from the new requirements until December 1, 2028. Exempt vessel operators must follow certain requirements including notifying prospective passengers in writing prior to the sale of any ticket for boarding and making annual structural alterations to at least 10 of areas of the vessel that are not constructed of fire-retardant materials. Additionally, the Department of Transportation (DOT)must conduct an annual inspection of any vessel that is exempted from fire-retardant materials standards. DOTmay withdraw a certificate of inspection for any vessel that does not comply with requirements under this bill.

To amend title 46, United States Code, to exempt old vessels that only operate within inland waterways from the fire-retardant materials requirement if the owners of such vessels make annual structural alterations to at least 10 percent of the areas of the vessels that are not constructed of fire-retardant materials and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Success Act of 2001''.

      TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS

SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.

    (a) Purpose.--It is the purpose of this title to authorize
individuals to enter into contracts for the purposes of obtaining funds
for the payment of tuition and other related expenses of postsecondary
education by agreeing to pay to the holder of the contract a specified
percentage of the individual's future earned income.
    (b) Lawfulness of Contracts; Preemption.--Any human capital
investment contract that complies with the requirements of section 102
shall be a valid, binding, and enforceable contract notwithstanding any
State law limiting or otherwise regulating assignments of future wages
or other income.

SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS.

    (a) Definition of Human Capital Investment Contract.--For purposes
of this title, the term ``human capital investment contract'' means an
agreement between an eligible student and any other person under which
the eligible student sells and assigns specified percentages of the
eligible student's future income, for a specified period of time, in
exchange for payments to or on behalf of such student for--
            (1) the tuition and related expenses of attendance by the
        student at an eligible institution, and
            (2) any income taxes owed by the student as a consequence
        of the receipt of such payments.
    (b) Terms and Conditions of Agreements.--A human capital investment
contract complies with the requirements of this section if the contract
complies with each of the following conditions:
            (1) Specified percentage of earned income.--A human capital
        investment contract shall specify the percentages of future
        earned income which the student will be obligated to pay,
        except that the contract--
                    (A) shall specify the maximum amount of earned
                income for each year to which such specified percentage
                shall apply;
                    (B) shall provide a schedule of reductions in such
                percentage if the student's earned income from full-
                time employment is less than amounts specified in the
                contract; and
                    (C) may specify a schedule of increases in such
                percentage if the student obtains a deferral under
                paragraph (6), subject to the limitation in paragraph
                (2).
            (2) Aggregate limitation on obligation.--No eligible
        student may enter into any human capital investment contract if
        the total percentage of such student's future earned income
        that the student agrees to pay under that contract, and any
        other human capital investment contracts of such student,
        exceeds 20 percent of such future earned income.
            (3) Specified duration; extension of period for
        deferrals.--A human capital investment contract shall specify
        the maximum period of time during which the student will be
        obligated to pay a portion of the student's future earned
        income from full-time employment, except that--
                    (A) except as provided in subparagraph (B), such
                period may not exceed 180 months; and
                    (B) such contract may provide that such period may
                be extended by the number of months during which the
                student obtains a deferral of payments under paragraph
                (5) or (6).
            (4) Commencement of repayment.--A human capital investment
        contract shall provide that the student is not obligated to
commence payments, and that the deferral period in paragraph (5) does
not begin to toll, until the student--
                    (A) ceases to carry at an eligible institution at
                least the minimum academic workload set forth in the
                contract; or
                    (B) ceases to be eligible to meet the deferral
                requirements set forth in paragraph (6).
            (5) Deferral for under-employment or unemployment.--A human
        capital investment contract shall provide that the student may
        obtain a deferral of the obligation to make payments under the
        contract during any period in which the student is unemployed,
        except that the contract may provide that, if the student is
        unemployed for longer than a maximum period specified in the
        contract, the student agrees to extinguish obligations under
        the contract by payment of--
                    (A) the amounts determined in accordance with
                paragraph (7), and
                    (B) any related administrative costs of collecting
                such amounts, including attorney's fees.
            (6) Deferral during periods of graduate study.--A human
        capital investment contract shall provide that a student who is
        enrolled or accepted for enrollment in a postgraduate degree
        program is not obligated to commence payments under the
        contract until the student ceases to carry a full-time academic
        workload leading to such a degree at an eligible institution,
        except that the contract may provide that the maximum period
        for which payments may be deferred pursuant to this paragraph
        shall not exceed 48 months.
            (7) Accelerated repayment.--A human capital investment
        contract shall specify the terms and conditions by which the
        student may extinguish the student's obligations under the
        contract before the end of the payment period specified in the
        human capital investment contract, based on the remaining term
        of such period.
    (c) Required Disclosures.--A human capital investment contract does
not comply with the requirements of this section unless the eligible
student is provided, before entry into agreement, a disclosure document
that clearly and simply discloses that--
            (1) the agreement is not a debt instrument, and that the
        amount the student will be required to pay under the
        agreement--
                    (A) may be more or less than the amount provided to
                the student; and
                    (B) will vary in proportion to the student's future
                earned income;
            (2) the obligations of the student under the agreement are
        not dischargeable under bankruptcy law;
            (3) the obligations of the student under the agreement may
        be extinguished by accelerating payments, as specified in the
        agreement; and
            (4) the duration of the student's obligations under the
        agreement (absent such accelerating payments).

SEC. 103. DEFINITIONS.

    As used in this title--
            (1) Earned income.--
                    (A) The term ``earned income'' means compensation
                and self-employment income.
                    (B) The term ``compensation'' means the gross
                amount of salaries, wages, and other remunerations
                earned by the student as an employee, not taking into
                account any deferred compensation arrangements or any
                payments to any retirement, pension, or other benefit
                plan.
                    (C) The term ``self-employment income'' means the
                net earnings from self-employment, as defined in
                section 1402 of the Internal Revenue Code of 1986, and
                regulations prescribed thereunder.
            (2) Eligible student.--The term ``eligible student'' means
        any person--
                    (A) who is a citizen or national of the United
                States, a permanent resident of the United States, able
                to provide evidence from the Immigration and
                Naturalization Service that he or she is in the United
                States for other than a temporary purpose with the
                intention of becoming a citizen or permanent resident,
                or permanent resident of the Trust Territory of the
                Pacific Islands, Guam, the Northern Mariana Islands;
                    (B) who is enrolled or accepted for enrollment in a
                degree, certificate, or other program (including a
                program of study abroad approved for credit by the
                eligible institution at which such student is enrolled)
                leading to a recognized educational credential at an
                eligible institution of higher education; and
                    (C) who is not enrolled in an elementary or
                secondary school.
            (3) Eligible institution.--The term ``eligible
        institution'' means an institution of higher education as such
        term is defined in section 481(a) of the Higher Education Act
        of 1965 (20 U.S.C. 1088(a)).
            (4) Full-time employment; period of no employment.--
        Determinations of full-time employment in a given calendar year
        shall be based on an average employment of 35 hours (or more)
        per week during such year (a total of 1,820 hours or more for
        the year). Determinations of period of no employment of a
        student shall be determined separately for each calendar year
        and expressed as a whole number of weeks and shall be based on
        the excess, if any, of 1,820 over the total number of hours of
        employment of the student during the year, divided by 35, and
        rounded down to the nearest whole number.
            (5) State law.--
                    (A) The term ``State law'' means any law, decision,
                rule, regulation, or other action having the effect of
                a law of any State or any political subdivision of a
                State, or any agency or instrumentality of a State or
                political subdivision of a State, except that a law of
                the United States applicable only to the District of
                Columbia shall be treated as a State law (rather than a
                law of the United States).
                    (B) The term ``State'' includes, in addition to the
                several States of the Union, the Commonwealth of Puerto
                Rico, the District of Columbia, Guam, American Samoa,
                the Virgin Islands, the government of the Northern
                Mariana Islands, and the Trust Territory of the Pacific
                Islands.

     TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS

SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS.

    (a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
    ``(m) Human Capital Investment Contracts.--A human capital
investment contract (as defined in section 102 of the Student Success
Act of 2001) shall not be treated as a debt instrument for purposes of
this title, and amounts received by the student for entering into such
a contract shall be includible in such student's gross income for
purposes of subtitle A.''
    (b) Depreciation.--Section 167 of the Internal Revenue Code of 1986
(relating to depreciation) is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the following
new subsection:
    ``(h) Human Capital Investment Contracts.--If a depreciation
deduction is allowable under subsection (a) with respect to any human
capital investment contract (as defined in section 102 of the Student
Success Act of 2001), such deduction--
            ``(1) shall be allowable beginning with the taxable year
        during which the student is first obligated to begin payments
        under the contract, and
            ``(2) shall be computed by using the straight-line method
        and a useful life equal to the shorter of--
                    ``(A) 15 years, or
                    ``(B) the maximum period the student is obligated
                to make payments under the contract (determined without
                regard to any extension of such period by reason of a
                deferral).''
    (c) Deduction for Payments.--
            (1) In general.--Part VII of subchapter B of chapter 1 of
        such Code is amended by redesignating section 221 as section
        222 and by inserting after section 220 the following new
        section:

``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS.

    ``In the case of an individual who is obligated to make payments
under a human capital investment contract (as defined in section 102 of
the Student Success Act of 2001), there shall be allowed as a deduction
the amount of such payments made during the taxable year.''
            (2) Deduction allowable in determining adjusted gross
        income.--Subsection (a) of section 62 of such Code is amended
        by inserting after paragraph (16) the following new paragraph:
            ``(17) Human capital investment contract payments.--The
        deduction allowed by section 221.''
            (3) Clerical amendment.--The table of sections for part VII
        of subchapter B of chapter 1 of such Code is amended by
        striking the last item and inserting the following new items:

                              ``Sec. 221. Payments under human capital
                                        investment contracts.
                              ``Sec. 222. Cross reference.''
    (d) Qualifying Income of Publicly Traded Partnerships.--Paragraph
(1) of section 7704(d) of such Code is amended by striking ``and'' at
the end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, and'', and by inserting after
subparagraph (G) the following new subparagraph:
                    ``(H) income derived from, or gain from the sale or
                other disposition of any human capital investment
                contract (as defined in section 102 of the Student
                Success Act of 2001).''
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

    TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
                               CONTRACTS

SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT
              COMPANIES.

    Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C.
80a-2) is amended by inserting ``human capital investment contracts (as
such term is defined in section 102 of the Student Success Act of
2001),'' after ``relating to foreign currency,''.

    TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
                               CONTRACTS.

SEC. 401. EXCEPTION TO DISCHARGE.

    Section 523(a) of title 11, United States Code, is amended--
            (1) in paragraph (17) by striking ``and'' at the end,
            (2) in paragraph (18) by striking the period at the end and
        inserting ``; and'', and
            (3) by adding at the end the following:
            ``(19) for a payment owed by the debtor as a result of a
        payment made to or for the benefit of the debtor, under a human
        capital investment contract (as defined in section 102 of the
        Student Success Act of 2001 unless--
                    ``(A) such payment owed by the debtor first became
                due more than 7 years (exclusive of any applicable
                suspension of the debtor's payment period) before the
                date of the filing of the petition; or
                    ``(B) excepting such debt from discharge under this
                paragraph will impose an undue hardship on the debtor
                and the debtor's dependents.''.

    TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL
                         INVESTMENT CONTRACTS.

SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF
              FINANCIAL NEED.

    Section 480(a) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
    ``(3) No portion of any amounts received by a student for entering
into a human capital investment contract (as defined in section 102 of
the Student Success Act of 2001) shall be included as income or assets
in the computation of expected family contribution for any program
funded in whole or in part under this Act.''.

Summary: Student Success Act of 2001 - Authorizes individuals to enter into human capital investment contracts (HCICs) to obtain funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income. Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income. Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes. And (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes. Sets forth conditions for allowable depreciation deductions with respect to HCICs. Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC. Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation. Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies. Amends Federal bankruptcy law to except from discharge in bankruptcy, under certain conditions, any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC. Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA.

To enable the use of human capital investment contracts for the purposes of financing postsecondary education, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategic Gasoline Reserve
for Purposes of National Security Act of 2009''.

SEC. 2. STRATEGIC GASOLINE RESERVE.

    (a) Establishment.--
            (1) Authority.--The Secretary of Energy shall establish a
        Strategic Gasoline Reserve system (in this section referred to
        as the ``Gasoline Reserve'') with a total capacity of
        10,000,000 barrels of regular unleaded gasoline.
            (2) Reserve locations.--No later than 1 year after the date
        of enactment of this Act, the Secretary shall determine
        strategic locations for no less than three and no more than
        five Gasoline Reserve sites, each located in a different
        geographical region of the United States. When determining site
        locations, the Secretary shall consider all factors, including
        seasonal and regional variations in gasoline, cost, regional
        population, accessibility for distribution, and the region's
        vulnerability to natural disasters and acts of terrorism. The
        Secretary shall endeavor to find the most affordable method for
        storage and, when possible, should consult the methodology used
        for the creation of the Home Heating Oil Reserve and the
        Strategic Petroleum Reserves. Such reserve site locations shall
        be operational within 2 years after the date of enactment of
        this Act.
            (3) Onsite protection.--In establishing the Gasoline
        Reserve under this section, the Secretary shall confer with the
        Secretary of Transportation and the Secretary of Homeland
        Security with respect to physical structures' security, the
        transportation security, and operational security.
    (b) Transportation.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall transmit to the
Congress, the Secretary of Homeland Security, and the Governor of each
State in which a Gasoline Reserve will be sited a plan for the
transportation of the contents of the Gasoline Reserve under this
section to wholesale or retail markets in the event of an emergency
sale under subsection (d).
    (c) Capacity.--The Secretary of Energy shall complete the process
of filling the Gasoline Reserve to a minimum of 90 percent within 2
years of submitting a transportation plan to the Congress.
    (d) Aging Supply.--The Secretary shall conduct an annual review of
the gasoline supply to ensure the reserves in the Gasoline Reserve do
not exceed their shelf life. The Secretary shall have in place within 2
years of enactment of this Act a plan for assuring that the inventory
is sold and replaced in a manner that assures the integrity of the
product at all times. The Secretary shall have the authority to
exchange an aging supply of reserve gasoline through private sales or
by utilizing the fuel for military or government use. The Secretary
shall seek the best means to minimize transaction expense.
    (e) Requests for Emergency Sale Authorization.--The Secretary of
Energy shall sell gasoline from the Gasoline Reserve if--
            (1) the Governor of an affected State submits a written
        request that--
                    (A) provides sufficient evidence that the sale or
                supply of gasoline in the region in which such State is
                located has been severely disrupted, caused by, but not
                limited to, an interruption in the normal distribution
                or availability of gasoline which dramatically affects
                the price of gasoline; and
                    (B) provides sufficient evidence that the State
                would experience further adverse effects without the
                sale of gasoline from the Gasoline Reserve; and
            (2) the President issues an Executive order requiring
        immediate release from any or all Gasoline Reserves at any time
        that the President determines that the conditions specified in
        paragraph (1)(A) are satisfied.
    (f) Procedure.--
            (1) Secretary's response.--The Secretary of Energy shall
        respond to a request transmitted under subsection (e) within 7
        days of receipt of a request through a written response,
        regardless of the decision.
            (2) Additional information.--The Secretary may request
        additional information if the Secretary concludes there are
        insufficient reasons provided for the sale of gasoline from the
        Gasoline Reserve system.
    (g) Purchase.--The Secretary of Energy is authorized to conduct
purchases and sales of gasoline at wholesale for maintenance of the
Gasoline Reserve system. In conducting these transactions, the
Secretary shall--
            (1) ensure that the overall supply returns to a minimum 90
        percent capacity in a timely manner following a sizeable
        depletion due to an emergency; and
            (2) assess market conditions to avoid, to the extent
        possible, when prices appear to be at higher levels unlikely to
        be sustained, or when purchases of gasoline are likely to
        significantly raise gasoline prices in the market served by a
        particular Gasoline Reserve for purchases consistent with the
        need for timely replenishment of the Reserve after emergency or
        nonemergency sales.
    (h) Annual Report.--At a specified date as determined by the
Secretary of Energy, the Secretary shall submit to the President, the
Committee on Energy and Commerce of the House of Representatives, and
to the Committee on Energy and Natural Resources of the Senate a report
on the status of the Strategic Gasoline Reserve outlining the Reserve's
current capacity, emergency sales from the previous year, any security
threats in the previous year, and the current condition of the storage
facilities. The Secretary shall also in the report include any
recommendations for improvements in the efficiency of the purchase,
transportation, sale, and storage of gasoline in the Gasoline Reserves.
    (i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy such sums as may be necessary
for construction and operation of the Gasoline Reserve system for
fiscal years 2009 through 2015.

Summary: National Strategic Gasoline Reserve for Purposes of National Security Act of 2009 - Directs the Secretary of Energy to establish a Strategic Gasoline Reserve system with a total capacity of 10 million barrels of regular unleaded gasoline. Directs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the governor of each state in which a Gasoline Reserve will be sited a plan for the transportation of its contents to wholesale or retail markets in the event of an emergency sale. (2) complete the process of filling the Gasoline Reserve to a minimum of 90 within two years of submitting a transportation plan to Congress. (3) review the gasoline supply annually to ensure the reserves in the Gasoline Reserve do not exceed their shelf life. And (4) have in place a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. Directs the Secretary of Energy to sell gasoline from the Gasoline Reserve if the governor of an affected state submits a written request and the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines certain emergency conditions are satisfied.

To establish a National Strategic Gasoline Reserve, and for other purposes.


SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

    Title III of the Workforce Investment Act of 1998 (Public Law 105-
220; 112 Stat. 1080) is amended by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

``SEC. 351. SHORT TITLE.

    ``This subtitle may be cited as the `Staffing for Adequate Fire and
Emergency Response Act of 2001' or as the `SAFER Act of 2001'.

``SEC. 352. PURPOSES.

    ``The purposes of this subtitle are--
            ``(1) to expand on the firefighter assistance grant program
        under section 33 of the Federal Fire Prevention and Control Act
        of 1974 (15 U.S.C. 2229), in order to ensure adequate funding
        to increase the number of firefighting personnel throughout the
        Nation;
            ``(2) to substantially increase the hiring of firefighters
        so that communities can--
                    ``(A) meet industry minimum standards for providing
                adequate protection from acts of terrorism and hazards;
                and
                    ``(B) enhance the ability of firefighter units to
                save lives, save property, and effectively respond to
                all types of emergencies; and
            ``(3) to promote that substantial increase in hiring by
        establishing a program of grants, authorized for 7 years, to
        provide direct funding to States, units of local government,
        and Indian tribal organizations for firefighter salaries and
        benefits.

``SEC. 353. DEFINITIONS.

    ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State, a unit of local government, a tribal
                organization, or another public entity; or
                    ``(B) a multi-jurisdictional or regional consortia
                of entities described in subparagraph (A).
            ``(2) Firefighter.--The term `firefighter' has the meaning
        given the term `employee in fire protection activities' in
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
        203).
            ``(3) Indian tribe; tribal organization.--The terms `Indian
        tribe' and `tribal organization' have the meanings given the
        terms in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 450b).
            ``(4) Secretary.--The term `Secretary' means the Secretary
        of Labor, acting after consultation with the Director of the
        Federal Emergency Management Agency.
            ``(5) State.--The term `State' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, the United States Virgin Islands,
        Guam, American Samoa, and the Commonwealth of the Northern
        Mariana Islands.

``SEC. 354. AUTHORITY TO MAKE GRANTS.

    ``(a) Definition.--In this section, the term `qualifying entity',
used with respect to a fiscal year, means any eligible entity
(including a State) that has submitted an application under section 355
for the fiscal year that meets the requirements of this subtitle and
such additional requirements as the Secretary may prescribe.
    ``(b) Grant Authorization.--The Secretary may make grants to
eligible entities to pay for the Federal share of the cost of carrying
out projects to hire firefighters.
    ``(c) Minimum Amount.--
            ``(1) Amount.--For any fiscal year, the Secretary shall
        ensure that the qualifying entities in each State shall
        receive, through grants made under this section, a total amount
        that is not less than \1/2\ of 1 percent of the amount
        appropriated under section 362 for the fiscal year.
            ``(2) Exception.--Paragraph (1) shall not apply for a
        fiscal year if the Secretary makes a grant under this section
        to every qualifying entity for the fiscal year.
    ``(d) Grant Periods.--The Secretary may make grants under this
section for periods of 3 years.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of
        carrying out a project to hire firefighters under this subtitle
        shall be not more than 75 percent.
            ``(2) Non-federal share.--The non-Federal share shall be
        provided--
                    ``(A) in cash;
                    ``(B) in the case of a State or unit of local
                government, from assets received through an asset
                forfeiture program; or
                    ``(C) in the case of a tribal organization or the
                Bureau of Indian Affairs, from any Federal funds made
                available for firefighting functions to assist an
                Indian tribe.
            ``(3) Waiver.--The Secretary may waive the requirements of
        paragraphs (1) and (2) for an eligible entity.

``SEC. 355. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this
subtitle, an entity shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may prescribe.
    ``(b) Contents.--Each such application shall--
            ``(1) include a long-term strategy and detailed
        implementation plan, for the hiring to be conducted under the
        grant, that reflects consultation with community groups and
        appropriate private and public agencies and reflects
        consideration of a statewide strategy for such hiring;
            ``(2) specify the reasons why the entity is unable to hire
        sufficient firefighters to address the entity's needs, without
        Federal assistance;
            ``(3)(A) specify the average number of firefighters
        employed by the entity during the fiscal year prior to the
        fiscal year for which the application is submitted; and
            ``(B) outline the initial and planned level of community
        support for implementing the strategy and plan, including the
        level of financial and in-kind contributions or other tangible
        commitments;
            ``(4)(A) specify plans for obtaining necessary support and
        continuing the employment of a greater number of firefighters
        than the number specified under paragraph (3)(A), following the
        conclusion of Federal assistance under this subtitle; and
            ``(B) include an assurance that the entity will continue
        the employment of firefighters hired with funds made available
        through the grant for at least 1 year after the end of the
        grant period; and
            ``(5) include assurances that the entity will, to the
        extent practicable, seek, recruit, and hire members of racial
        and ethnic minority groups and women in order to increase the
        ranks of minorities and women within the entity's firefighter
        units.
    ``(c) Small Jurisdictions.--Notwithstanding any other provision of
this subtitle, the Secretary may waive 1 or more of the requirements of
subsection (b), and may make special provisions to facilitate the
expedited submission, processing, and approval of an application under
this section, for an eligible entity that is a unit of local
government, or an eligible entity serving a fire district, that has
jurisdiction over an area with a population of less than 50,000.
    ``(d) Preference.--In awarding grants under this subtitle, the
Secretary--
            ``(1) shall give preference to a unit of local government;
        and
            ``(2) may give preference, where feasible, to an eligible
        entity that submits an application containing a plan that--
                    ``(A) provides for hiring (including rehiring)
                career firefighters; and
                    ``(B) requires the entity to contribute a non-
                Federal share of more than 25 percent of the cost of
                carrying out a project to hire the firefighters.
    ``(e) State and Local Applications.--If a unit of local government
for a community, and the State in which the community is located,
submit applications under this section for a fiscal year to carry out a
project in a community, and the unit of local government and State are
qualifying entities under section 354(a), the Secretary--
            ``(1) shall make a grant under this subtitle to the unit of
        local government for that year; and
            ``(2) shall not make a grant under this subtitle to the
        State to carry out a project in that community for that year.

``SEC. 356. USE OF FUNDS.

    ``(a) In General.--An eligible entity that receives a grant under
this subtitle shall use the funds made available through the grant to
hire career firefighters. The funds may only be used to increase the
number of firefighters employed by the agency from the number specified
under section 355(b)(3)(A). The funds may be used for salaries and
benefits for the firefighters.
    ``(b) Hiring Costs.--
            ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring
        any 1 firefighter, the entity may not use more than $90,000 of
        such funds.
            ``(2) Subsequent years.--For each subsequent fiscal year,
        in hiring any 1 firefighter, the entity may not use more than
        $90,000 of such funds, increased or decreased by the same
        percentage as the percentage by which the Consumer Price Index
        for All Urban Consumers (United States city average), published
        by the Secretary of Labor, has increased or decreased by
        September of the preceding fiscal year from such Index for
        September 2001.
            ``(3) Waivers.--The Secretary may waive the requirements of
        paragraph (1) or (2) for an eligible entity.
    ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the
authority of this subtitle shall be used to supplement and not supplant
other Federal, State, and local public funds expended to hire
firefighters.

``SEC. 357. TECHNICAL ASSISTANCE.

    ``The Secretary may provide technical assistance to eligible
entities to further the purposes of this Act.

``SEC. 358. MONITORING AND EVALUATIONS.

    ``(a) Monitoring Components.--Each project funded through a grant
made under this subtitle shall contain a monitoring component,
developed pursuant to regulations established by the Secretary. The
monitoring required by this subsection shall include systematic
identification and collection of data about the project throughout the
period of the project and presentation of such data in a usable form.
    ``(b) Evaluation Components.--The Secretary may require that
selected grant recipients under this subtitle conduct local evaluations
or participate in a national evaluation, pursuant to regulations
established by the Secretary. Such local or national evaluations may
include assessments of the implementation of different projects. The
Secretary may require selected grant recipients under this subtitle to
conduct local outcome evaluations to determine the effectiveness of
projects under this subtitle.
    ``(c) Periodic Reports.--The Secretary may require a grant
recipient under this subtitle to submit to the Secretary the results of
the monitoring and evaluations required under subsections (a) and (b)
and such  other data and information as the Secretary determines to be
reasonably necessary.
    ``(d) Revocation or Suspension of Funding.--If the Secretary
determines, as a result of the monitoring or evaluations required by
this section, or otherwise, that a grant recipient under this subtitle
is not in substantial compliance with the terms and requirements of an
approved grant application submitted under section 355, the Secretary
may revoke the grant or suspend part or all of the funding provided
under the grant.

``SEC. 359. ACCESS TO DOCUMENTS.

    ``For the purpose of conducting an audit or examination of a grant
recipient that carries out a project under this subtitle, the Secretary
and the Comptroller General of the United States shall have access to
any pertinent books, documents, papers, or records of the grant
recipient and any State or local government, person, business, or other
entity, that is involved in the project.

``SEC. 360. REPORT TO CONGRESS.

    ``Not later than September 30, 2008, the Secretary shall submit a
report to Congress concerning the experiences of eligible entities in
carrying out projects under this subtitle, and the effects of the
grants made under this subtitle. The report may include recommendations
for such legislation as the Secretary may consider to be appropriate,
which may include reauthorization of this subtitle.

``SEC. 361. REGULATIONS.

    ``The Secretary may issue regulations to carry out this subtitle.

``SEC. 362. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry
out this subtitle--
            ``(1) $1,000,000,000 for fiscal year 2002;-
            ``(2) $1,030,000,000 for fiscal year 2003;
            ``(3) $1,061,000,000 for fiscal year 2004;
            ``(4) $1,093,000,000 for fiscal year 2005;
            ``(5) $1,126,000,000 for fiscal year 2006;
            ``(6) $1,159,000,000 for fiscal year 2007; and
            ``(7) $1,194,000,000 for fiscal year 2008.
    ``(b) Availability.--Funds appropriated under subsection (a) for a
fiscal year shall remain available until the end of the second
succeeding fiscal year.''.

SEC. 2. CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Workforce Investment
Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the
items relating to title III, by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

        ``Sec. 351. Short title.
        ``Sec. 352. Purposes.
        ``Sec. 353. Definitions.
        ``Sec. 354. Authority to make grants.
        ``Sec. 355. Applications.
        ``Sec. 356. Use of funds.
        ``Sec. 357. Technical assistance.
        ``Sec. 358. Monitoring and evaluations.
        ``Sec. 359. Access to documents.
        ``Sec. 360. Report to Congress.
        ``Sec. 361. Regulations.
        ``Sec. 362. Authorization of appropriations.''.

Summary: Staffing for Adequate Fire and Emergency Response Act of 2001 - SAFER Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make matching grants for up to 75 percent of the costs of projects to hire firefighters to eligible States, local governments, tribal organizations, or other public entities, or multi-jurisdictional or regional consortia of such entities.

A bill to amend the Workforce Investment Act of 1998 to increase the hiring of firefighters, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Supervisor Training Act of
2016''.

SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.

    (a) In General.--Section 4121 of title 5, United States Code, is
amended--
            (1) by inserting before ``In consultation with'' the
        following:
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `program' means any activity, project,
        function, or policy that has an identifiable purpose or set of
        objectives; and
            ``(2) the term `supervisor' means--
                    ``(A) a supervisor, as defined under section
                7103(a)(10);
                    ``(B) a management official, as defined under
                section 7103(a)(11); or
                    ``(C) any other employee as the Director of the
                Office of Personnel Management may by regulation
                prescribe.'';
            (2) by striking ``In consultation with'' and inserting
        ``(b) Training Programs To Be Established.--In consultation
        with''; and
            (3) by striking paragraph (2) (of the matter redesignated
        as subsection (b) as a result of the amendment under paragraph
        (2) of this subsection) and inserting the following:
            ``(2) a program--
                    ``(A) to require supervisors to have individual
                development plans that provide for training on actions,
                options, and strategies a supervisor may use in--
                            ``(i) developing and discussing relevant
                        performance goals and objectives with the
                        employee and ensuring the performance goals and
                        objectives align to the mission and priority
                        goals of the agency;
                            ``(ii) communicating and discussing
                        progress relative to performance goals and
                        objectives, and conducting performance
                        appraisals;
                            ``(iii) mentoring and motivating employees
                        and improving employee engagement, performance,
                        and productivity;
                            ``(iv) fostering a work environment
                        characterized by fairness, respect, equal
                        opportunity, and attention paid to the merit of
                        the work of employees;
                            ``(v) effectively managing employees with
                        unacceptable performance, including training to
                        understand the disciplinary options and
                        procedures available to the supervisor;
                            ``(vi) effectively using the probationary
                        period to examine whether an employee has
                        demonstrated successful performance or conduct
                        to continue past the probationary period;
                            ``(vii) addressing reports of a hostile
                        work environment, retaliation, or harassment
                        of, or by, another supervisor or employee;
                            ``(viii) meeting supervisor competencies
                        established by the Office of Personnel
                        Management or the employing agency of the
                        supervisor;
                            ``(ix) collaborating with human resources
                        employees to recruit, select, appraise, and
                        reward employees to build a workforce based on
                        organizational goals, budget considerations,
                        and staffing needs; and
                            ``(x) otherwise carrying out the duties or
                        responsibilities of a supervisor;
                    ``(B) to provide training to supervisors on the
                prohibited personnel practices under section 2302
                (particularly with respect to such practices described
                under paragraphs (1) and (8) of subsection (b) of that
                section), employee rights, and the procedures and
                processes used to enforce employee rights; and
                    ``(C) under which experienced supervisor mentors
                are identified, evaluated, and approved to provide
                guidance and advice to new or underperforming
                supervisors to--
                            ``(i) transfer knowledge and advice in
                        areas such as communication, critical thinking,
                        responsibility, flexibility, motivating and
                        engaging employees, teamwork, leadership, and
                        professional development; and
                            ``(ii) identify strengths and areas for
                        development.
    ``(c) Requirements for Training Design.--Training in the program
components established under subparagraphs (A) and (B) of subsection
(b)(2) shall--
            ``(1) be designed using principles of adult learning and an
        industry standard instructional design model; and
            ``(2) to the extent practicable, as determined by the
        agency, be training that is instructor-based.
    ``(d) Timing of Training.--
            ``(1) Initial training.--
                    ``(A) In general.--Not later than 1 year after the
                date on which an individual is appointed to the
                position of supervisor, that individual shall be
                required to have completed each program component
                established under subsection (b)(2).
                    ``(B) Extensions.--The Director of the Office of
                Personnel Management may establish and administer
                procedures under which an agency may extend the 1-year
                period described under subparagraph (A) with respect to
                an individual.
            ``(2) Subsequent training.--After completion of a program
        component under subparagraphs (A) and (B) of subsection (b)(2),
        each supervisor shall be required to complete a program
        component under such subparagraphs not less frequently than
        once every 3 years.
            ``(3) Credit for similar training.--Each program component
        established under subsection (b)(2) shall include provisions
        under which the agency gives a supervisor credit toward a
        period of training that the agency determines is similar to
        training that the supervisor previously completed.
            ``(4) Effectiveness evaluation.--Each agency shall measure
        the effectiveness of training program components established
        under subsection (b)(2).
    ``(e) Information on Developmental Opportunities.--An agency shall
make available to each supervisor--
            ``(1) a detailed list of developmental opportunities
        available to the supervisor; and
            ``(2) the policies of the agency for requiring supervisor
        development.
    ``(f) Regulations.--Notwithstanding section 4118(c), the Director
of the Office of Personnel Management shall prescribe regulations to
carry out this section, including the monitoring of agency compliance
with this section. Regulations prescribed under this subsection shall
include measures by which to assess the effectiveness of agency
supervisor training programs.''.
    (b) Report on Extensions for Training Requirements.--
            (1) Appropriate congressional committees.--In this
        subsection, the term ``appropriate congressional committees''
        means--
                    (A) the Committee on Homeland Security and
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government
                Reform of the House of Representatives.
            (2) Report.--Not later than 2 years after the date of
        enactment of this Act and annually thereafter, the Director of
        the Office of Personnel Management shall submit a report with
        respect to the preceding fiscal year to the appropriate
        congressional committees on--
                    (A) the number of extensions granted under section
                4121(d)(1)(B) of title 5, United States Code, as added
                by subsection (a) of this section, which shall
                include--
                            (i) a brief description of the reason why
                        the training was not completed;
                            (ii) the actions the agency plans to take
                        to ensure training is received; and
                            (iii) the date by which the agency intends
                        to complete the training; and
                    (B) the number of individuals completing the
                requirements of section 4121(d)(1)(A) of title 5,
                United States Code, as added by subsection (a) of this
                section.
    (c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
prescribe regulations under section 4121(f) of title 5, United States
Code, as added by subsection (a) of this section.
    (d) Career Track for Technical Experts.--Section 5106 of title 5,
United States Code, is amended by adding at the end the following:
    ``(d) To the extent practicable under the requirements under this
chapter, each agency shall develop a career track for employees of the
agency whom the agency determines are mission critical technical
experts that affords the employees the opportunity for career
advancement, without being required to be appointed to a management or
supervisory position.''.
    (e) Effective Date and Application.--
            (1) In general.--The amendments made by this section shall
        take effect 1 year after the date of enactment of this Act.
            (2) Applicability.--The amendments made by this section
        shall apply to--
                    (A) each individual appointed to the position of a
                supervisor, as defined under section 4121(a) of title
                5, United States Code (as added by subsection (a) of
                this section), on or after the effective date of the
                amendments; and
                    (B) each individual who is employed in the position
                of a supervisor on the effective date of the amendments
                as provided under paragraph (3).
            (3) Existing supervisors.--Each individual who is employed
        in the position of a supervisor, as defined under section
        4121(a) of title 5, United States Code (as added by subsection
        (a) of this section), on the effective date of the amendments
        made by this section and is not subject to an extension under
        section 4121(d)(1)(B) of title 5, United States Code (as added
        by subsection (a) of this section) shall be required to--
                    (A) complete each program component established
                under subparagraphs (A) and (B) of section 4121(b)(2)
                of title 5, United States Code (as added by subsection
                (a) of this section), not later than 3 years after the
                effective date of the amendments; and
                    (B) complete program components every 3 years
                thereafter in accordance with paragraphs (2) and (3) of
                section 4121(d) of that title (as added by subsection
                (a) of this section).
    (f) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to Congress a report
on the mandatory training programs required to be established by under
section 4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section) and the effectiveness of those
programs.

SEC. 3. MANAGEMENT COMPETENCIES.

    (a) In General.--Chapter 43 of title 5, United States Code, is
amended--
            (1) by redesignating section 4305 as section 4306; and
            (2) by inserting after section 4304 the following:
``Sec. 4305. Management competencies
    ``(a) Definition.--In this section, the term `supervisor' means--
            ``(1) a supervisor, as defined under section 7103(a)(10);
            ``(2) a management official, as defined under section
        7103(a)(11); or
            ``(3) any other employee as the Director of the Office of
        Personnel Management may by regulation prescribe.
    ``(b) Guidance.--The Director of the Office of Personnel Management
shall issue guidance to agencies on competencies supervisors are
expected to meet in order to effectively manage, and be accountable for
managing, the performance of employees.
    ``(c) Assessment by Agencies.--Based on guidance issued under
subsection (b) and on any additional competencies developed by an
agency, each agency shall assess the performance of the supervisors and
the overall capacity of the supervisors in that agency.
    ``(d) Reports.--Every year, or on any basis requested by the
Director of the Office of Personnel Management, each agency shall
submit to the Office of Personnel Management a report on the progress
of the agency in implementing this section, including measures used to
assess program effectiveness.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter
        43 of title 5, United States Code, is amended by striking the
        item relating to section 4305 and inserting the following:

``4305. Management competencies.
``4306. Regulations.''.
            (2) Reference.--Section 4304(b)(3) of title 5, United
        States Code, is amended by striking ``section 4305'' and
        inserting ``section 4306''.

Summary: Federal Supervisor Training Act of 2016 This bill requires federal agencies to establish supervisor training programs that: (1) require supervisors and management officials to have individual development plans for training on actions, options, and strategies to use for supervisory functions regarding the performance and productivity of agency employees, (2) train supervisors on prohibited personnel practices and employee rights. And (3) provide experienced supervisor mentors to advise new or underperforming supervisors. The bill expands manager training program requirements for employee performance appraisals, mentoring, and management of unacceptable employee performance into mandatory supervisor and manager training programs that also include supervisor training on: fostering equal opportunities and fairness in the workplace. Using probationary periods to examine whether employees are performing at an acceptable level to continue their employment, addressing reports of hostile work environment, retaliation, or harassment. Meeting supervisor competencies established by the Office of Personnel Management (OPM) or the employing agency. And collaborating with human resources to recruit, select, appraise, and reward employees based on organizational goals, budget considerations, and staffing needs. After initial training on each program component, supervisors must complete subsequent training every three years. Agencies must develop a career track for mission critical technical expert employees that affords such employees the opportunity for career advancement without being required to be appointed to a management or supervisory position. The OPM must issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage the performance of employees. Each agency must assess the performance of supervisors and the overall capacity of its supervisors.

Federal Supervisor Training Act of 2016