SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Literacy and Education
Coordinating Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there is substantial evidence that many Americans do
        not have an adequate basis for making sound decisions about
        personal and household finances;
            (2) financial education could play a critical role in
        equipping consumers with the knowledge to make wise decisions,
        especially for lower income consumers and those underserved by
        the mainstream financial system;
            (3) an increased awareness of the availability of credit
        scores and credit reports, the process of accessing them, their
        significance in obtaining credit, and their effects on credit
        terms, are of paramount importance to consumers;
            (4) easily accessible and affordable resources which inform
        and educate investors as to their rights and avenues of
        recourse should be provided when an investor believes his or
        her rights have been violated by unprofessional conduct of
        market intermediaries;
            (5) a basic understanding of the operation of the financial
        services industry would help consumers and their families to
        make more informed choices about how best to progress
        economically, avoid harmful personal debt, avoid discriminatory
        and predatory practices, invest wisely, develop financial
        planning skills necessary for maximizing short- and long-term
        financial well being, and better prepare for retirement;
            (6) comprehensive financial education would help to provide
        individuals with the necessary tools to create household
        budgets, initiate savings plans, manage debt, and make
        strategic investment decisions for education, retirement, home
        ownership, or other savings goals; and
            (7) improved financial decision making, not simply more
        knowledge, should be the primary financial education goal.

SEC. 3. FINANCIAL LITERACY AND EDUCATION COORDINATING COMMITTEE.

    (a) Establishment.--The Secretary of the Treasury shall establish
within the Office of Financial Education of the Department of the
Treasury, the Financial Literacy and Education Coordinating Committee
(in this Act referred to as the ``Committee'').
    (b) Purposes.--The purposes of the Committee shall be--
            (1) to coordinate financial literacy and education efforts
        among Federal departments and agencies;
            (2) to develop and implement a national strategy to promote
        basic financial literacy and education among all Americans;
            (3) to reduce overlap and duplication in Federal financial
        literacy and education activities;
            (4) to identify the most effective types of public sector
        financial literacy programs and techniques, as measured by
        improved consumer decision making;
            (5) to coordinate and promote financial literacy efforts at
        the State and local level, including partnerships among
        Federal, State, and local governments, nonprofit organizations,
        and private enterprises; and
            (6) to carry out such other duties as are deemed to be
        appropriate, consistent with this Act.

SEC. 4. COMMITTEE DUTIES.

    (a) In General.--The Committee shall--
            (1) not later than 1 year after the date of enactment of
        this Act, develop a national strategy to promote basic
        financial literacy among all American consumers;
            (2) coordinate Federal efforts to implement the strategy
        developed under paragraph (1);
            (3) not later than 1 year after the date of enactment of
        this Act, and annually thereafter, submit a report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
regarding actions taken and progress made by the Committee in carrying
out this Act during the reporting period, and any challenges remaining
to implementation of such purposes; and
            (4) provide testimony by the chairperson of the Committee
        to either Committee referred to in paragraph (3), upon request.
    (b) Strategy.--The strategy to promote basic financial literacy
required to be developed under subsection (a)(1) shall provide for--
            (1) participation by State and local governments and
        private, nonprofit, and public institutions in the creation and
        implementation of such strategy;
            (2) the development of methods--
                    (A) to increase the general financial education
                level of current and future consumers of financial
                services and products; and
                    (B) to enhance the general understanding of
                financial services and products;
            (3) review of Federal activities designed to promote
        financial literacy and education and development of a plan to
        improve coordination of such activities;
            (4) the identification of areas of overlap and duplication
        among Federal financial literacy and education activities and
        proposed means of eliminating any such overlap and duplication;
        and
            (5) a proposal to the President of a Federal financial
        literacy and education budget that supports such strategy and
        eliminates funding for such areas of overlap and duplication.

SEC. 5. COMMITTEE MEMBERSHIP.

    (a) Composition.--The Committee shall be comprised of--
            (1) the Secretary of the Treasury, who shall serve as the
        chairperson of the Committee; and
            (2) a representative from--
                    (A) each Federal banking agency (as defined in
                section 3 of the Federal Deposit Insurance Act), the
                National Credit Union Administration, the Securities
                and Exchange Commission, each of the Departments of
                Education, Agriculture, Defense, Health and Human
                Services, Labor, and Veterans Affairs, the Social
                Security Administration, the Federal Trade Commission,
                the Commodity Futures Trading Commission, and the
                Office of Personnel Management; and
                    (B) a representative from any other department or
                agency that the Secretary determines to be engaged in a
                serious effort to improve financial literacy and
                education.
    (b) Assistance.--The Director of the Office of Financial Education
of the Department of the Treasury shall provide to the Committee, upon
request, such assistance as may be necessary.
    (c) Member Qualifications.--Members of the Committee shall be
appointed by the heads of their respective departments or agencies.
Each member and each alternate designated by any member unable to
attend a meeting of the Committee, shall be an individual who exercises
significant decisionmaking authority.
    (d) Meetings.--Meetings of the Committee shall occur not less
frequently than quarterly, and at the call of the chairperson.
    (e) Consultation.--The Committee shall consult with private and
nonprofit organizations and State and local agencies, as determined
appropriate by the chairperson and the Committee.

Summary: Financial Literacy and Education Coordinating Act of 2003 - Directs the Secretary of the Treasury to establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee to: (1) coordinate Federal financial literacy and education efforts. (2) develop and implement a national strategy to promote basic financial literacy and education among all Americans. (3) reduce overlap and duplication in Federal financial literacy and education activities. (4) identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making. And (5) coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises.

A bill to establish the Financial Literacy and Education Coordinating Committee within the Department of the Treasury to improve the state of financial literacy and education among American consumers.


SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION
              RELATING TO BUY AMERICAN REQUIREMENTS.

    (a) Buy American Requirements.--(1) Chapter 148 of title 10, United
States Code, is amended by inserting after section 2533 the following
new section:
``Sec. 2533a. Requirement to buy certain articles from American
              sources; exceptions
    ``(a) Requirement.--Except as provided in subsections (c) through
(g), funds appropriated or otherwise available to the Department of
Defense may not be used for the procurement of an item described in
subsection (b) if the item is not grown, reprocessed, reused, or
produced in the United States.
    ``(b) Covered Items.--An item referred to in subsection (a) is any
of the following:
            ``(1) An article or item of--
                    ``(A) food;
                    ``(B) clothing;
                    ``(C) tents, tarpaulins, or covers;
                    ``(D) cotton and other natural fiber products,
                woven silk or woven silk blends, spun silk yarn for
                cartridge cloth, synthetic fabric or coated synthetic
                fabric (including all textile fibers and yarns that are
                for use in such fabrics), canvas products, or wool
                (whether in the form of fiber or yarn or contained in
                fabrics, materials, or manufactured articles); or
                    ``(E) any item of individual equipment manufactured
                from or containing such fibers, yarns, fabrics, or
                materials.
            ``(2) Specialty metals, including stainless steel flatware.
            ``(3) Hand or measuring tools.
    ``(c) Exception.--The Secretary of Defense or the Secretary of the
military department concerned may waive the requirement in subsection
(a)--
            ``(1) if such Secretary determines that satisfactory
        quality and sufficient quantity of any such article or item
        described in subsection (b)(1) or specialty metals (including
        stainless steel flatware) grown, reprocessed, reused, or
        produced in the United States cannot be procured as and when
        needed at United States market prices;
            ``(2) such Secretary has notified the Committees on
        Appropriations, Armed Services, and Small Business of the House
        of Representatives and the Senate; and
            ``(3) 30 days have elapsed since the date of the
        notification of such committees.
    ``(d) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
            ``(1) Procurements outside the United States in support of
        combat operations.
            ``(2) Procurements by vessels in foreign waters.
            ``(3) Emergency procurements or procurements of perishable
        foods by an establishment located outside the United States for
        the personnel attached to such establishment.
    ``(e) Exception for Specialty Metals and Chemical Warfare
Protective Clothing.--Subsection (a) does not preclude the procurement
of specialty metals or chemical warfare protective clothing produced
outside the United States if--
            ``(1) such procurement is necessary--
                    ``(A) to comply with agreements with foreign
                governments requiring the United States to purchase
                supplies from foreign sources for the purposes of
                offsetting sales made by the United States Government
                or United States firms under approved programs serving
                defense requirements; or
                    ``(B) in furtherance of agreements with foreign
                governments in which both such governments agree to
                remove barriers to purchases of supplies produced in
                the other country or services performed by sources of
                the other country; and
            ``(2) any such agreement with a foreign government
        complies, where applicable, with the requirements of section 36
        of the Arms Export Control Act (22 U.S.C. 2776) and with
        section 2457 of this title.
    ``(f) Exception for Certain Foods.--Subsection (a) does not
preclude the procurement of foods manufactured or processed in the
United States.
    ``(g) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of this title.
    ``(h) Applicability to Contracts and Subcontracts for Procurement
of Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
    ``(i) Geographic Coverage.--In this section, the term `United
States' includes the commonwealths, territories, and possessions of the
United States.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2533 the
following new item:

``2533a. Requirement to buy certain articles from American sources;
                            exceptions.''.
    (b) Repeal of Source Provisions.--The following provisions of law
are repealed:
            (1) Section 9005 of the Department of Defense
        Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241
        note).
            (2) Section 8109 of the Department of Defense
        Appropriations Act, 1997 (as contained in section 101(b) of
        Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).

Summary: Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food, (2) clothing, (3) tents, tarpaulins, or covers. (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool. (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials, (6) specialty metals, including stainless steel flatware. And (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed, (2) for certain procurements outside the United States. (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States, (4) for foods manufactured or processed in the United States. And (5) for small purchases under the defense simplified acquisition threshold. Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act.

To amend title 10, United States Code, to codify and make modifications to certain provisions relating to "Buy American" requirements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Monument Creation and
Protection Act'' or the ``National Monument CAP Act''.

SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS.

    Section 320301 of title 54, United States Code, is amended--
            (1) in subsection (a), by striking ``historic landmarks,
        historic and prehistoric structures, and other objects of
        historic or scientific interest'' and inserting ``object or
        objects of antiquity'';
            (2) in subsection (b), by striking ``confined to the
        smallest area compatible with the proper care and management of
        the objects to be protected'' and inserting ``in accordance
        with the limitations outlined in subsections (e), (f), (g), and
        (h)''; and
            (3) by adding at the end the following:
    ``(e) Limitation on Size of National Monuments.--Except as provided
by subsections (f), (g), and (h), after the date of the enactment of
this subsection, land may not be declared under this section in a
configuration that would create a national monument--
            ``(1) that is more than 640 acres; and
            ``(2) whose exterior boundary is less than 50 miles from
        the closest exterior boundary of another national monument
        declared under this section.
    ``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection
(e) shall not apply to the designation of a national monument under
this section if the national monument so designated--
            ``(1) would be less than 5,000 acres;
            ``(2) would have all exterior boundaries 50 miles or more
        from the closest exterior boundary of another national monument
        declared under this section; and
            ``(3) has been reviewed under the National Environmental
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of
        the Interior or the Secretary of Agriculture, as appropriate.
    ``(g) Exception for Monuments of 5,000 Acres and up to 10,000
Acres.--
            ``(1) In general.--Subsection (e) shall not apply to the
        designation of a national monument under this section if the
        national monument so designated--
                    ``(A) would be at least 5,000 acres but not more
                than 10,000 acres; and
                    ``(B) would have all exterior boundaries 50 miles
                or more from the closest exterior boundary of another
                national monument declaration under this section.
            ``(2) Other requirement.--A monument described in this
        subsection shall be subject to the preparation of an
        environmental assessment or environmental impact statement as
        part of a review under the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.). The choice of environmental
        review document shall be within the discretion of the Secretary
        of the Interior or the Secretary of Agriculture, as
        appropriate.
    ``(h) Exception for Monuments 10,000 Acres and up to 85,000
Acres.--Subsection (e) shall not apply to the designation of a national
monument under this section if the national monument so designated--
            ``(1) would be at least 10,000 acres but not more than
        85,000 acres;
            ``(2) would have all exterior boundaries 50 miles or more
        from the closest exterior boundary of another national monument
        declaration under this section; and
            ``(3) has been approved by the elected governing body of
        each county (or county equivalent), the legislature of each
        State, and the Governor of each State within whose boundaries
        the national monument will be located (and the Governor of each
        such State has transmitted a copy of each such approval to the
        President).
    ``(i) Exception for Emergency Designation.--
            ``(1) In general.--Subsection (e) shall not apply to the
        designation under this section of a national monument of any
        acreage amount if designation is made to prevent imminent and
        irreparable harm to the object or objects of antiquity to be
        protected by the designation.
            ``(2) One year limitation.--A national monument designation
        under this subsection shall terminate on the date that is one
        calendar year after the date of the designation.
            ``(3) One time designation.--Land designated as a national
        monument under this subsection--
                    ``(A) may only be so designated one time; and
                    ``(B) may not also be permanently designated as a
                national monument under this section.
            ``(4) Rights and uses.--Land designated as a national
        monument under this subsection shall remain subject to--
                    ``(A) valid existing rights; and
                    ``(B) uses allowed on the day before such
                designation under an applicable Resource Management
                Plan or Forest Plan.
    ``(j) Presidential Authority To Reduce Size of Declared
Monuments.--The President may--
            ``(1) reduce the size of any national monument declared
        under this section by 85,000 acres or less; or
            ``(2) reduce the size of any national monument declared
        under this section by more than 85,000 acres only if the
        reduction--
                    ``(A) has been approved by the elected governing
                body of each county (or county equivalent), the
                legislature of each State, and the Governor of each
                State within whose boundaries the national monument
                will be located (and the Governor of each such State
                has transmitted a copy of each such approval to the
                President); and
                    ``(B) has been reviewed under the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                seq.) by the Secretary of the Interior or the Secretary
                of Agriculture, as appropriate.
    ``(k) Non-Federally Owned Property.--After the date of the
enactment of this subsection, land may not be declared as a national
monument under this section in a configuration that would place non-
federally owned property within the exterior boundaries of the national
monument without the express written consent of the owners of that non-
federally owned property.
    ``(l) Effect of Declaration on Federal Funds.--No declaration under
this section shall be construed to increase the amount of Federal funds
that are authorized to be appropriated for any fiscal year.
    ``(m) Water Rights Associated With a Declaration.--Water rights
associated with a declaration under this section--
            ``(1) may not be reserved expressly or by implication by a
        declaration under this section; and
            ``(2) may be acquired for a declaration under this section
        only in accordance with the laws of the State in which the
        water rights are based.
    ``(n) Definitions.--For the purposes of this section:
            ``(1) Declaration; declared.--The terms `declaration' and
        `declared' shall only include the creation or expansion of a
        national monument under this section.
            ``(2) Land.--The term `land' shall not include submerged
        land or water.
            ``(3) Object or objects of antiquity.--
                    ``(A) The term `object or objects of antiquity'
                means--
                            ``(i) relics;
                            ``(ii) artifacts;
                            ``(iii) human or animal skeletal remains;
                            ``(iv) fossils (other than fossil fuels);
                        and
                            ``(v) certain buildings constructed before
                        the date of the enactment of this subsection.
                    ``(B) The term `object or objects of antiquity'
                does not include--
                            ``(i) natural geographic features; and
                            ``(ii) objects not made by humans, except
                        fossils (other than fossil fuels) or human or
                        animal skeletal remains.''.

Summary: National Monument Creation and Protection Act This bill amends the Antiquities Act of 1906 to allow the President to declare by public proclamation an object or objects of antiquity that are situated on lands owned or controlled by the federal government to be national monuments. quot, Objects of antiquityquot. Means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill. The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located. Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once. The President may reduce the size of any declared national monument: (1) by 85,000 acres or less. Or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act. The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Energy Tax Credit Act of
2009''.

SEC. 2. COMMERCIAL BUILDING ENERGY PROJECT CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

``SEC. 45R. COMMERCIAL BUILDING ENERGY PROJECT CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the
commercial building energy project credit is an amount equal to 35
percent of the cost of energy conservation commercial building property
placed in service by the taxpayer.
    ``(b) Maximum Amount of Credit.--The credit under subsection (a)
with respect to any building for any taxable year shall not exceed the
excess (if any) of--
            ``(1) the product of--
                    ``(A) $4.00, and
                    ``(B) the square footage of the building, over
            ``(2) the aggregate credit allowed under subsection (a)
        with respect to the building for all prior taxable years.
    ``(c) Energy Conservation Commercial Building Property.--For
purposes of this section, the term `energy conservation commercial
building property' means property--
            ``(1) with respect to which depreciation (or amortization
        in lieu of depreciation) is allowable,
            ``(2) which is installed on or in any building which is
        located in the United States, and
            ``(3) which is installed as part of a commercial building
        energy project.
    ``(d) Commercial Building Energy Project.--For purposes of this
section, the term `commercial building energy project' means a
project--
            ``(1)(A) to install energy efficient commercial building
        property (as defined in section 179D(c)), or
            ``(B) with respect to a building, to achieve an energy
        consumption rate which is not more 60 percent of the energy
        consumption rate under the ASHRAE Standard 90.1-2007 for
        commercial buildings, and
            ``(2) with respect to which credit amounts have been
        allocated by an energy credit agency under subsection (e).
    ``(e) Allocations of Credit Amounts.--
            ``(1) Credit limitation with respect to project.--The
        amount of credit determined under this section for any taxable
        year with respect to any project shall not exceed the State
        energy credit dollar amount allocated to such project under
        this subsection.
            ``(2) Credit dollar amount for agencies.--
                    ``(A) In general.--The aggregate credit dollar
                amount which an energy credit agency may allocate for
                any calendar year is the limitation allocated under
                subparagraph (B) for such calendar year to such agency.
                    ``(B) Credit limitation allocated to state energy
                agencies.--
                            ``(i) In general.--The Secretary shall
                        allocate for each calendar year the national
                        energy credit limitation among the States in
                        proportion to the population of the State. Such
                        limitation shall be allocated to the energy
                        credit agency of each such State. If there is
                        more than 1 energy credit agency of a State,
                        all such agencies shall be treated as a single
                        agency.
                            ``(ii) National energy credit limitation.--
                        There is a national energy credit limitation
                        for each calendar year of $100,000,000.
                            ``(iii) Population.--For purposes of this
                        paragraph, population shall be determined in
                        accordance with section 146(j).
            ``(3) Special rules.--
                    ``(A) Building must be located within jurisdiction
                of credit agency.--An energy credit agency may allocate
                its aggregate energy credit dollar amount only to
                projects with respect to buildings located in the
                jurisdiction of the governmental unit of which such
                agency is a part.
                    ``(B) Agency allocations in excess of limit.--If
                the aggregate energy credit dollar amounts allocated by
                an energy credit agency for any calendar year exceed
                the portion of the national energy credit limitation
                allocated to such agency for such calendar year, the
                energy credit dollar amounts so allocated shall be
                reduced (to the extent of such excess) for projects in
                the reverse of the order in which the allocations of
                such amounts were made.
            ``(4) Energy credit agency.--The term `energy credit
        agency' means any agency authorized to carry out this
        subsection.
    ``(f) Responsibilities of Energy Credit Agencies.--
            ``(1) In general.--Notwithstanding any other provision of
        this section, the energy credit dollar amount with respect to
        any project shall be zero unless such amount was allocated
        pursuant to a qualified allocation plan of the energy credit
        agency which is approved by the governmental unit (in
        accordance with rules similar to the rules of section 147(f)(2)
        (other than subparagraph (B)(ii) thereof)) of which such agency
        is a part.
            ``(2) Qualified allocation plan.--For purposes of this
        subsection--
                    ``(A) In general.--The term `qualified allocation
                plan' means any plan which meets the requirements of
                subparagraphs (B) through (E).
                    ``(B) Selection criteria.--The requirements of this
                subparagraph are met if such plan sets forth selection
                criteria to be used to determine priorities of the
                energy credit agency which are appropriate to local
                conditions. An energy credit agency may establish
                selection criteria which are more stringent than the
                requirements under subsection (d)(1)(B).
                    ``(C) Project preference.--The requirements of this
                subparagraph are met if such plan gives preference in
                allocating energy credit dollar amounts among selected
                projects to those projects which achieve the most
                energy savings. A plan shall not be treated as failing
                to meet the requirements of this subsection solely by
                reason of allocating credit dollar amounts ratably
                among projects with proportionally more allocated to
                those projects which achieve higher energy savings.
                    ``(D) Compliance monitoring.--The requirements of
                this subparagraph are met if such plan establishes a
                program which--
                            ``(i) is certified by the Secretary as
                        meeting the requirements of this subparagraph,
                        and
                            ``(ii) provides for monitoring by the
                        agency (or an agent or other private contractor
                        of such agency) for noncompliance with the
                        provisions of this section and notifying the
                        Internal Revenue Service of any such
                        noncompliance of which such agency becomes
                        aware.
                    ``(E) Certification methods.--
                            ``(i) In general.--The requirements of this
                        subparagraph are met if such plan has a
                        certification procedure for inspection and
                        testing by qualified individuals under which
                        only projects complying with energy-savings
                        plans and targets are certified.
                            ``(ii) Qualified individuals.--Individuals
                        qualified to determine compliance shall be only
                        those individuals who are recognized by the
                        energy credit agency for such purposes.
                            ``(iii) Pre-certification.--The
                        requirements of this subparagraph shall be
                        treated as met if the plan includes a pre-
                        certification procedure for commercial building
                        energy projects, unless application fees with
                        respect to a project under such pre-
                        certification procedure exceeds 1 percent of
                        the estimated cost of such project.
    ``(g) Transfer of Credit.--
            ``(1) In general.--A person described in paragraph (4) may
        transfer the credit which would (but for the tax-exempt status
        of such person) be allowable under subsection (a) with respect
        to energy conservation commercial building property placed in
        service by such person. A credit may only be transferred once
        and may only be transferred to another person not described in
        such paragraph.
            ``(2) Treatment of transferee.--The person to whom the
        credit is transferred under this subsection shall be treated
        for purposes of this title as the taxpayer with respect to whom
        the credit is allowable under subsection (a).
            ``(3) Treatment of transferor.--
                    ``(A) Transfer proceeds treated as arising from
                essential government function.--Any proceeds derived by
                a person described in paragraph (4)(B) from the
                transfer of any credit under this subsection shall be
                treated as arising from the exercise of an essential
                government function.
                    ``(B) Credit not income.--Any proceeds derived from
                the transfer of a credit under this subsection shall
                not treated as income for purposes of this title.
            ``(4) Persons described.--A person is described in this
        paragraph if the person is--
                    ``(A) an organization exempt from tax under section
                501(a), or
                    ``(B) any State or political subdivision thereof,
                the District of Columbia, any possession of the United
                States, or any agency or instrumentality of any of the
                foregoing.
    ``(h) Denial of Double Benefit.--No credit shall be allowed under
this section for any expense for which a deduction is allowed under any
other provision of this chapter.
    ``(i) Basis Reduction.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any energy conservation
commercial building property, the basis of such property shall be
reduced by the amount of the credit so allowed.
    ``(j) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section.''.
    (b) State Guidance.--The Secretary of Energy, in consultation with
the Secretary of Treasury, shall develop and provide guidance to States
and energy credit agencies (as defined in section 45R(e) of the
Internal Revenue Code of 1986) for establishing methods of measuring
overall energy savings of commercial building energy projects (as
defined in section 45R(e) of such Code), including methods for
comparing energy savings ratings under industry energy standards for
commercial buildings other than ASHRAE Standard 90.1-2007 with such
ASHRAE standard.
    (c) Credit Treated as Part of General Business Credit.--Subsection
(b) of section 38 of such Code is amended by striking ``plus'' at the
end of paragraph (33), by striking the period at the end of paragraph
(34) and inserting ``, plus'', and by adding at the end the following
new paragraph:
            ``(35) commercial building energy credit determined under
        section 45R(a).''.
    (d) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 45R(i).''.
    (e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:

``Sec. 45R. Commercial building energy project credit.''.
    (f) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

Summary: Building Energy Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 35 of the cost of energy conservation commercial building property installed as part of a commercial building energy project within the jurisdiction of a state energy credit agency. Requires a building, to be eligible for such credit, to achieve an energy consumption rate of not more than 60 of the rate established by the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.11-2207 for commercial buildings.

Amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts paid for energy efficient property placed in service in commercial buildings pursuant to an approved energy efficiency plan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Striped Bass Conservation, Atlantic
Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act
of 2000''.

                  TITLE I--ATLANTIC COASTAL FISHERIES
               Subtitle A--Atlantic Striped Bass Conservation

SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT.

    Section 7(a) of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
    ``(a) Authorization.--For each of fiscal years 2001, 2002, and
2003, there are authorized to be appropriated to carry out this Act--
        ``(1) $1,000,000 to the Secretary of Commerce; and
        ``(2) $250,000 to the Secretary of the Interior.''.

SEC. 102. POPULATION STUDY OF STRIPED BASS.

    (a) Study.--The Secretaries (as that term is defined in the
Atlantic Striped Bass Conservation Act), in consultation with the
Atlantic States Marine Fisheries Commission, shall conduct a study to
determine if the distribution of year classes in the Atlantic striped
bass population is appropriate for maintaining adequate recruitment and
sustainable fishing opportunities. In conducting the study, the
Secretaries shall consider--
        (1) long-term stock assessment data and other fishery-dependent
    and independent data for Atlantic striped bass; and
        (2) the results of peer-reviewed research funded under the
    Atlantic Striped Bass Conservation Act.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries, in consultation with the
Atlantic States Marine Fisheries Commission, shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate the
results of the study and a long-term plan to ensure a balanced and
healthy population structure of Atlantic striped bass, including older
fish. The report shall include information regarding--
        (1) the structure of the Atlantic striped bass population
    required to maintain adequate recruitment and sustainable fishing
    opportunities; and
        (2) recommendations for measures necessary to achieve and
    maintain the population structure described in paragraph (1).
    (c) Authorization.--There are authorized to be appropriated to the
Secretary of Commerce $250,000 to carry out this section.

     Subtitle B--Atlantic Coastal Fisheries Cooperative Management

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Atlantic Coastal Fisheries Act
of 2000''.

SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE
              MANAGEMENT ACT.

    (a) Authorization of Appropriations.--Section 811 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is
amended to read as follows:

``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out this title, there are authorized to
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
    ``(b) Cooperative Statistics Program.--Amounts authorized under
subsection (a) may be used by the Secretary to support the Commission's
cooperative statistics program.''.
    (b) Technical Corrections.--
        (1) In general.--Such Act is amended--
            (A) in section 802(3) (16 U.S.C. 5101(3)) by striking
        ``such resources in'' and inserting ``such resources is''; and
            (B) by striking section 812 and the second section 811.
        (2) Amendments to repeal not affected.--The amendments made by
    paragraph (1)(B) shall not affect any amendment or repeal made by
    the sections struck by that paragraph.
        (3) Short title references.--Such Act is further amended by
    striking ``Magnuson Fishery'' each place it appears and inserting
    ``Magnuson-Stevens Fishery''.
    (c) Reports.--
        (1) Annual report to the secretary.--The Secretary shall
    require, as a condition of providing financial assistance under
    this subtitle, that the Commission and each State receiving such
    assistance submit to the Secretary an annual report that provides a
    detailed accounting of the use of the assistance.
        (2) Biennial reports to the congress.--The Secretary shall
    submit biennial reports to the Committee on Resources of the House
    of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the use of Federal assistance
    provided to the Commission and the States under this subtitle. Each
    biennial report shall evaluate the success of such assistance in
    implementing this subtitle.

   TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
                                PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Marine Mammal Rescue Assistance
Act of 2000''.

SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
              PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371 et seq.) is amended--
        (1) by redesignating sections 408 and 409 as sections 409 and
    410, respectively; and
        (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
              PROGRAM.

    ``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a grant program to be known
as the John H. Prescott Marine Mammal Rescue Assistance Grant Program,
to provide grants to eligible stranding network participants for the
recovery or treatment of marine mammals, the collection of data from
living or dead stranded marine mammals for scientific research
regarding marine mammal health, and facility operation costs that are
directly related to those purposes.
    ``(2)(A) The Secretary shall ensure that, to the greatest extent
practicable, funds provided as grants under this subsection are
distributed equitably among the stranding regions designated as of the
date of the enactment of the Marine Mammal Rescue Assistance Act of
2000, and in making such grants shall give preference to those
facilities that have established records for rescuing or rehabilitating
sick and stranded marine mammals in each of the respective regions, or
subregions.
    ``(B) In determining priorities among such regions, the Secretary
may consider--
        ``(i) any episodic stranding or any mortality event other than
    an event described in section 410(6), that occurred in any region
    in the preceding year;
        ``(ii) data regarding average annual strandings and mortality
    events per region; and
        ``(iii) the size of the marine mammal populations inhabiting a
    geographic area within such a region.
    ``(b) Application.--To receive a grant under this section, a
stranding network participant shall submit an application in such form
and manner as the Secretary may prescribe.
    ``(c) Consultation.--The Secretary shall consult with the Marine
Mammal Commission, a representative from each of the designated
stranding regions, and other individuals who represent public and
private organizations that are actively involved in rescue,
rehabilitation, release, scientific research, marine conservation, and
forensic science regarding stranded marine mammals, regarding the
development of criteria for the implementation of the grant program and
the awarding of grants under the program.
    ``(d) Limitation.--The amount of a grant under this section shall
not exceed $100,000.
    ``(e) Matching Requirement.--
        ``(1) In general.--The non-Federal share of the costs of an
    activity conducted with a grant under this section shall be 25
    percent of such costs.
        ``(2) In-kind contributions.--The Secretary may apply to the
    non-Federal share of an activity conducted with a grant under this
    section the amount of funds, and the fair market value of property
    and services, provided by non-Federal sources and used for the
    activity.
    ``(f) Administrative Expenses.--Of amounts available each fiscal
year to carry out this section, the Secretary may expend not more than
6 percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this section.
    ``(g) Definitions.--In this section:
        ``(1) Designated stranding region.--The term `designated
    stranding region' means a geographic region designated by the
    Secretary for purposes of administration of this title.
        ``(2) Secretary.--The term `Secretary' has the meaning given
    that term in section 3(12)(A).
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2001 through 2003, to remain available until expended, of which--
        ``(1) $4,000,000 may be available to the Secretary of Commerce;
    and
        ``(2) $1,000,000 may be available to the Secretary of the
    Interior.''.
    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting
``(other than section 408)'' after ``title IV''.
    (c) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended
by striking the items relating to sections 408 and 409 and inserting
the following:
``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant
          Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION.

    (a) Study.--Not later than 180 days after the date of the enactment
of this Act and subject to the availability of appropriations, the
Secretary of Commerce shall initiate a study of the environmental and
biological factors responsible for the significant increase in
mortality events of the eastern gray whale population and other
potential impacts these factors may be having on the eastern gray whale
population.
    (b) Consideration of Western Population Information.--The Secretary
should ensure that, to the greatest extent practicable, information
from current and future studies of the western gray whale population is
considered in the study under this section, so as to better understand
the dynamics of each population and to test different hypotheses that
may lead to an increased understanding of the mechanism driving their
respective population dynamics.
    (c) Authorization of Appropriations.--In addition to other amounts
authorized under this title, there are authorized to be appropriated to
the Secretary to carry out this section--
        (1) $290,000 for fiscal year 2001; and
        (2) $500,000 for each of fiscal years 2002 through 2004.

SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA.

    (a) In General.--The Secretary of Commerce (in this section
referred to as the ``Secretary'') may convey to the Government of
American Samoa in accordance with this section, without consideration,
all right, title, and interest of the United States in and to a retired
National Oceanic and Atmospheric Administration fishery research vessel
in operable condition, for use by American Samoa.
    (b) Limitation.--The Secretary may not convey a vessel under this
section before the date on which a new replacement fishery research
vessel has been delivered to the National Oceanic and Atmospheric
Administration and put in active service.
    (c) Operation and Maintenance.--The Government of the United States
shall not be responsible or liable for any maintenance or operation of
a vessel conveyed under this section after the date of the delivery of
the vessel to American Samoa.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL
              MARINE SANCTUARY DESIGNATION STANDARDS.

    (a) Technical Amendment.--Section 303(a) of the National Marine
Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the
Secretary--'' and all that follows through the end of the sentence and
inserting the following: ``the Secretary determines that--
        ``(1) the designation will fulfill the purposes and policies of
    this title;
        ``(2) the area is of special national significance due to--
            ``(A) its conservation, recreational, ecological,
        historical, scientific, cultural, archaeological, educational,
        or esthetic qualities;
            ``(B) the communities of living marine resources it
        harbors; or
            ``(C) its resource or human-use values;
        ``(3) existing State and Federal authorities are inadequate or
    should be supplemented to ensure coordinated and comprehensive
    conservation and management of the area, including resource
    protection, scientific research, and public education;
        ``(4) designation of the area as a national marine sanctuary
    will facilitate the objectives stated in paragraph (3); and
        ``(5) the area is of a size and nature that will permit
    comprehensive and coordinated conservation and management.''.
    (b) Conforming Amendments.--Such Act is further amended--
        (1) in section 304(a)(1)(C) (as amended by section 6(a) of the
    National Marine Sanctuaries Amendments Act of 2000) by striking
    ``the Secretary shall''; and
        (2) in section 304(a)(2)(E) (as amended by section 6(b) of the
    National Marine Sanctuaries Amendments Act of 2000) by striking
    ``findings'' and inserting ``determinations''.
    (c) Effective Date.--This section shall take effect immediately
after the National Marine Sanctuaries Amendments Act of 2000 takes
effect.

SEC. 206. WESTERN PACIFIC PROJECT GRANTS.

    Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155
note) is amended by striking the last sentence and inserting ``There
are authorized to be appropriated to carry out this section $500,000
for each fiscal year.''.

                               Speaker of the House of Representatives.

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

Summary: Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities. And (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations. Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program. Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment, (2) data collection from living or dead marine mammals. And (3) facilities operation. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations. Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations. Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa. Amends the National Marine Sanctuaries Act to revise sanctuary designation standards. Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices.


SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Improving Department of State
Oversight Act of 2015''.

SEC. 2. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF THE SPECIAL
              INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.

    Notwithstanding any other provision of law, any employee of the
Special Inspector General for Iraq Reconstruction who completes at
least 12 months of service at any time prior to the date of the
termination of the Special Inspector General for Iraq Reconstruction,
October 5, 2013, and was not terminated for cause shall acquire
competitive status for appointment to any position in the competitive
service for which the employee possesses the required qualifications.

SEC. 3. ASSURANCE OF INDEPENDENCE OF IT SYSTEMS.

    (a) In General.--The Secretary of State, with the concurrence of
the Inspector General of the Department of State, shall certify to the
appropriate congressional committees that the Department has made
reasonable efforts to ensure the integrity and independence of the
Office of the Inspector General Information Technology systems.
    (b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on
        Appropriations of the House of Representatives.

SEC. 4. PROTECTING THE INTEGRITY OF INTERNAL INVESTIGATIONS.

    Section 209(c)(5) of the Foreign Service Act of 1980 (22 U.S.C.
3929(c)(5)) is amended by inserting at the end the following new
subparagraph:
                    ``(C) Required reporting of allegations and
                investigations and inspector general authority.--
                            ``(i) In general.--Each bureau, post or
                        other office (in this subparagraph, an
                        `entity') of the Department of State shall,
                        within five business days, report to the
                        Inspector General any allegations of--
                                    ``(I) waste, fraud, or abuse in a
                                Department program or operation;
                                    ``(II) criminal or serious
                                misconduct on the part of a Department
                                employee at the FS-1, GS-15, GM-15
                                level or higher;
                                    ``(III) criminal misconduct on the
                                part of any Department employee; and
                                    ``(IV) serious, noncriminal
                                misconduct on the part of any
                                individual who is authorized to carry a
                                weapon, make arrests, or conduct
                                searches, such as conduct that, if
                                proved, would constitute perjury or
                                material dishonesty, warrant suspension
                                as discipline for a first offense, or
                                result in loss of law enforcement
                                authority.
                            ``(ii) Inspector general authority.--The
                        Inspector General may, pursuant to existing
                        authority, investigate matters covered by
                        clause (i).
                            ``(iii) Limitation on investigations
                        outside of office of inspector general.--No
                        entity in the Department of State with
                        concurrent jurisdiction over matters covered by
                        clause (i), including the Bureau of Diplomatic
                        Security, may initiate an investigation of such
                        matter unless it has first reported the
                        allegations to the Inspector General as
                        required by clause (i), except as provided in
                        clauses (v) and (vi).
                            ``(iv) Cooperation.--If an entity in the
                        Department of State initiates an investigation
                        of a matter covered in clause (i) the entity
                        must, except as provided in clause (v), fully
                        cooperate with the Inspector General,
                        including--
                                    ``(I) by providing to the Inspector
                                General all data and records obtained
                                in connection with its investigation
                                upon request of the Inspector General;
                                    ``(II) by coordinating, at the
                                request of the Inspector General, such
                                entity's investigation with the
                                Inspector General; and
                                    ``(III) by providing to the
                                Inspector General requested support in
                                aid of the Inspector General's
                                oversight and investigative
                                responsibilities.
                            ``(v) Exceptions.--The Inspector General
                        may prescribe general rules under which any
                        requirement of clause (iii) or clause (iv) may
                        be dispensed with.
                            ``(vi) Exigent circumstances.--Compliance
                        with clauses (i), (iii), and (iv) of this
                        subparagraph may be dispensed with by an entity
                        of the Department of State if complying with
                        them in an exigent circumstance would pose an
                        imminent threat to human life, health or
                        safety, or result in the irretrievable loss or
                        destruction of critical evidence or witness
                        testimony, in which case a report of the
                        allegation shall be made not later than 48
                        hours after an entity begins an investigation
                        under the authority of this clause and
                        cooperation required under clause (iv) shall
                        commence not later than 48 hours after the
                        relevant exigent circumstance has ended.
                            ``(vii) Rule of construction.--Nothing in
                        this subparagraph may be interpreted to affect
                        any duty or authority of the Inspector General
                        under any provision of law, including the
                        Inspector General's duties or authorities under
                        the Inspector General Act.''.

SEC. 5. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING OF FOREIGN
              SERVICE POSTS AND BUREAUS AND OPERATING UNITS DEPARTMENT
              OF STATE.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a report to
Congress on the requirement under section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General
of the Department of State inspect and audit, at least every 5 years,
the administration of activities and operations of each Foreign Service
post and each bureau and other operating unit of the Department of
State.
    (b) Consideration of Multi-Tier System.--The report required under
subsection (a) shall assess the advisability and feasibility of
implementing a multi-tier system for inspecting Foreign Service posts
featuring more (or less) frequent inspections and audits of posts based
on risk, including security risk, as may be determined by the Inspector
General.
    (c) Composition.--The report required under subsection (a) shall
include separate portions prepared by the Inspector General of the
Department of State, and the Comptroller General of the United States,
respectively.

Summary: Improving Department of State Oversight Act of 2015 This bill grants competitive status for appointment to a position in the competitive service for which the employee is qualified to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013. The Secretary of State shall certify to Congress that the Department of State has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. Each State Department entity under the Foreign Service Act of 1980 shall report within five business days to the Inspector General (IG) any allegations of: program waste, fraud, or abuse. Criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher, criminal misconduct on the part of any Department employee. And serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches . No State Department entity with concurrent jurisdiction over such matters, including the Bureau of Diplomatic Security, may initiate an investigation without first reporting the allegations to the IG. A State Department entity that initiates an investigation of such a matter must fully cooperate with the IG, unless the IG authorizes an exception.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patient Access to Durable Medical
Equipment Act of 2016''.

SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR DURABLE
              MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.

    The Secretary of Health and Human Services shall extend the
transition period described in clause (i) of section 414.210(g)(9) of
title 42, Code of Federal Regulations, from June 30, 2016, to June 30,
2017 (with the full implementation described in clause (ii) of such
section applying to items and services furnished with dates of service
on or after July 1, 2017).

SEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR DURABLE
              MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM.

    Section 1847(b)(5) of the Social Security Act (42 U.S.C. 1395w-
3(b)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``, subject to subparagraph (E),''
                after ``subsection (a)(2)''; and
                    (B) by inserting ``, subject to subparagraph (E),''
                after ``Based on such bids''; and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Floor on bid ceiling for durable medical
                equipment.--
                            ``(i) In general.--The ceiling for a bid
                        submitted for applicable covered items may not
                        be less than the fee schedule amount that would
                        otherwise be determined under section 1834(a),
                        section 1834(h), or section 1842(s) for such
                        items furnished on July 1, 2016 (determined as
                        if section 2 of the Patient Access to Durable
                        Medical Equipment Act of 2016 had not been
                        enacted).
                            ``(ii) Applicable covered items defined.--
                        For purposes of this subparagraph, the term
                        `applicable covered items' means competitively
                        priced items and services described in
                        subsection (a)(2) that are furnished with
                        respect to rounds of competition that begin on
                        or after January 1, 2017.''.

SEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING INFORMATION FROM
              COMPETITIVE BIDDING PROGRAMS.

    (a) In General.--Section 1834(a)(1)(G) of the Social Security Act
(42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end the
following new sentence: ``In the case of items and services furnished
on or after January 1, 2019, in making any adjustments under clause
(ii) or (iii) of subparagraph (F), under subsection (h)(1)(H)(ii), or
under section 1842(s)(3)(B), the Secretary shall--
                            ``(i) solicit and take into account
                        stakeholder input; and
                            ``(ii) take into account the highest amount
                        bid by a winning supplier in a competitive
                        acquisition area and a comparison of each of
                        the following with respect to non-competitive
                        acquisition areas and competitive acquisition
                        areas:
                                    ``(I) The average travel distance
                                and cost associated with furnishing
                                items and services in the area.
                                    ``(II) Any barriers to access for
                                items and services in the area.
                                    ``(III) The average delivery time
                                in furnishing items and services in the
                                area.
                                    ``(IV) The average volume of items
                                and services furnished by suppliers in
                                the area.
                                    ``(V) The number of suppliers in
                                the area.''.
    (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) of the
Social Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is amended by
striking ``the Secretary'' and inserting ``subject to subsection
(a)(1)(G), the Secretary''.
    (2) Section 1842(s)(3)(B) of the Social Security Act (42 U.S.C.
1395m(s)(3)(B)) is amended by striking ``the Secretary'' and inserting
``subject to section 1834(a)(1)(G), the Secretary''.

SEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF MEDICARE
              BENEFICIARIES TO DURABLE MEDICAL EQUIPMENT AND OF HEALTH
              OUTCOMES.

    Not later than October 1, 2016, January 1, 2017, April 1, 2017, and
July 1, 2017, the Secretary of Health and Human Services shall publish
on the Internet website of the Centers for Medicare & Medicaid Services
the results of the monitoring of access of Medicare beneficiaries to
durable medical equipment and of health outcomes, as described on page
66228 in the final rule published by the Center for Medicare & Medicaid
Services on November 6, 2014, and entitled ``Medicare Program; End-
Stage Renal Disease Prospective Payment System, Quality Incentive
Program, and Durable Medical Equipment, Prosthetics, Orthotics, and
Supplies'' (79 Fed. Reg. 66120-66265).

SEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING FEDERAL
              MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL
              EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.

    (a) In General.--Section 1903(i)(27) of the Social Security Act (42
U.S.C. 1396b(i)(27)) is amended by striking ``January 1, 2019'' and
inserting ``October 1, 2018''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 503 of division
O of Public Law 114-113.

            Passed the Senate June 21, 2016.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Summary: Patient Access to Durable Medical Equipment Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to delay by one yearnbsp. The full implementation of new Medicare payment rates for durable medical equipment . nbsp, In addition, the billnbsp, specifies that the bid ceiling for durable medical equipment itemsnbsp. Under Medicare's competitive acquisition program shall not be less than the fee schedule amount that would otherwise be determined for those items. Under current law, the Centers for Medicare amp. Medicaid Services (CMS) must use payment information from competitive acquisition programs to make payment adjustments for durable medical equipment items furnished in areas outside of such programs. Current law also allows, but does not require,nbsp. CMS to make such adjustments with respect to certain orthotics and parenteral and enteral nutrients, equipment, and supplies . nbsp, The bill requires CMS, in makingnbsp, these adjustments, to account fornbsp. Stakeholder input. In addition, CMS must account for a comparison of competitive acquisition areas and other areas with respect to the following factors: average travel distance and cost associated with furnishing items and services, barriers to access, average delivery time, average volume of items and services furnished by suppliers, and number of suppliers. In four quarterly reports, CMS must publish on its website the results of the monitoring of health outcomes and Medicare beneficiaries' accessnbsp. To durable medical equipment. The bill accelerates the applicability, from January 1, 2019, to October 1, 2018,nbsp, of provisions of current lawnbsp, that limitnbsp, federalnbsp. Medicaid reimbursement to states for durable medical equipment to Medicare payment rates.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Treatment in Banking Act of
1994''.

SEC. 2. FAILURE TO ACCORD NATIONAL TREATMENT TO UNITED STATES BANKING
              ORGANIZATIONS.

    (a) Identifying Countries That May Be Denying National Treatment to
United States Banking Organizations.--The Secretary of the Treasury
shall identify, after consultation with the Federal banking agencies,
the extent to which foreign countries may be denying national treatment
to United States banking organizations--
            (1) based on information relating to banking in the most
        recent report under section 3602 of the Omnibus Trade and
        Competitiveness Act of 1988 (or the most recent update of such
        report); or
            (2) based on more recent information that the Secretary
        considers appropriate.
    (b) Assessing Whether Possible Denial of National Treatment May Be
Having a Significant Adverse Effect.--
            (1) In general.--The Secretary shall assess, after
        consultation with the Federal banking agencies, whether the
        possible denial of national treatment to United States banking
        organizations by a foreign country identified under subsection
        (a) may be having a significant adverse effect on such
        organizations.
            (2) Factors to be considered.--In making any assessment
        under paragraph (1), the Secretary shall consider appropriate
        factors, including the following:
                    (A) The extent of United States trade with and
                investment in the foreign country, the size of the
                foreign country's markets for banking services, and the
                extent to which United States banking organizations
                operate or seek to operate in those markets.
                    (B) The importance of operations by United States
                banking organizations in the foreign country to the
                export of goods and services by United States firms to
                such country.
                    (C) The extent to which the foreign country
                provides in advance to United States banking
                organizations a written draft of any measure of general
                application that the country proposes to adopt, such as
                regulations, guidelines, or other policies regarding
                new products and services, in order to allow an
                opportunity for such organizations to comment on the
                measure and for such comments to be taken into account
                by the foreign country.
                    (D) The extent to which the foreign country--
                            (i) makes available, in writing, to United
                        States banking organizations the foreign
                        country's requirements for completing any
                        application relating to the provision of
                        financial services by any such organization;
                            (ii) applies published, objective standards
                        and criteria in evaluating any such application
                        from any United States banking organization;
                        and
                            (iii) renders administrative decisions
                        relating to any such application within a
                        reasonable period of time.
            (3) Solicitation of comments.--Before making any assessment
        under paragraph (1), the Secretary may solicit comments
        concerning the effect of the possible denial of national
        treatment on United States banking organizations from
        interested parties.
    (c) Publication.--The Secretary may publish a notice in the Federal
Register of--
            (1) any assessment made under subsection (b)(1) with
        respect to any country; and
            (2) any change made with respect to any assessment under
        such subsection which was previously published in the Federal
        Register.
    (d) Definitions.--The following definitions shall apply for
purposes of this section:
            (1) Banking organization.--
                    (A) In general.--The term ``banking organization''
                means any bank, any bank holding company (including any
                company required to file reports pursuant to section
                4(f)(6) of the Bank Holding Company Act of 1956), and
                any savings and loan holding company (as such term is
                defined in section 10(a)(1)(D) of the Home Owners' Loan
                Act).
                    (B) Banking terms.--For purposes of this paragraph,
                the terms ``bank'' and ``bank holding company'' have
                the same meaning as in section 2 of the Bank Holding
                Company Act of 1956.
            (2) Federal banking agencies.--The term ``Federal banking
        agencies'' has the same meaning as in section 3(z) of the
        Federal Deposit Insurance Act.
            (3) National treatment.--The term ``national treatment''
        means, with respect to any foreign country, treatment that
        offers United States banking organizations the same competitive
        opportunities (including effective market access) in such
        country as are available to the foreign country's domestic
        banking organizations in like circumstances.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.

SEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER PERSONS OF A FOREIGN
              COUNTRY.

    (a) Applications Under the International Banking Act of 1978.--
Section 7(d) of the International Banking Act of 1978 (12 U.S.C.
3105(d)) is amended by adding at the end the following new paragraph:
            ``(6) Additional standard.--In acting on any application
        under paragraph (1), the Board shall take into account whether
        the Secretary of the Treasury has published a notice, in
        accordance with section 2(c) of the National Treatment in
        Banking Act of 1994, that the possible denial of national
        treatment to United States banking organizations by the foreign
        bank's home country identified under section 2(a) of such Act
        may be having a significant adverse effect on such
        organizations.''.
    (b) Applications Under the Bank Holding Company Act of 1956.--
Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is
amended by adding at the end the following new subsection:
    ``(g) Applications by a Foreign Bank.--In considering any
application or notice under section 3 or 4 by any foreign bank (as
defined in section 1(b) of the International Banking Act of 1978), the
Board shall take into account whether the Secretary of the Treasury has
published a notice, in accordance with section 2(c) of the National
Treatment in Banking Act of 1994, that the possible denial of national
treatment to United States banking organizations by the foreign bank's
home country identified under section 2(a) of such Act may be having a
significant adverse effect on such organizations.''.
    (c) Amendment to Change in Bank Control Act.--Section 7(j) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended by adding
at the end the following new paragraph:
            ``(19) Notice by a person of a foreign country.--
                    ``(A) In general.--In considering a notice under
                this subsection by a person of a foreign country, the
                appropriate Federal banking agency shall take into
                account whether the Secretary of the Treasury has
                published a notice, in accordance with section 2(c) of
                the National Treatment in Banking Act of 1994, that the
                possible denial of national treatment to United States
                banking organizations by such person's home country
                identified under section 2(a) of such Act may be having
                a significant adverse effect on such organizations.
                    ``(B) Person of a foreign country defined.--For
                purposes of this paragraph, the term `person of a
                foreign country' means--
                            ``(i) any entity that--
                                    ``(I) is organized under the laws
                                of the foreign country, or
                                    ``(II) has the entity's principal
                                place of business in the foreign
                                country;
                            ``(ii) an individual who--
                                    ``(I) is a citizen of the foreign
                                country, or
                                    ``(II) is domiciled in the foreign
                                country; and
                            ``(iii) any person that is, directly or
                        indirectly, under the control of any entity or
                        individual described in clause (i) or (ii).''.
    (d) Amendment to National Bank Act.--Section 5155 of the Revised
Statutes (12 U.S.C. 36) is amended by adding at the end the following
new subsection:
    ``(i) Application by a Bank Which Is a Person of a Foreign
Country.--In considering any application under this section by any bank
which is a person of a foreign country (as defined in section
7(j)(19)(B) of the Federal Deposit Insurance Act), the Comptroller of
the Currency shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with section 2(c) of the
National Treatment in Banking Act of 1994, that the possible denial of
national treatment to United States banking organizations by such
person's home country identified under section 2(a) of such Act may be
having a significant adverse effect on such organizations.''.
    (e) Amendment to Federal Deposit Insurance Act.--Section 18(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by
adding at the end the following new paragraph:
            ``(12) Application by a bank which is a person of a foreign
        country.--In considering any merger transaction under this
        subsection involving any bank which is a person of a foreign
        country (as defined in section 7(j)(19)(B)), the responsible
        agency shall take into account whether the Secretary of the
        Treasury has published a notice, in accordance with section
        2(c) of the National Treatment in Banking Act of 1994, that the
        possible denial of national treatment to United States banking
        organizations by such person's home country identified under
        section 2(a) of such Act may be having a significant adverse
        effect on such organizations.''.
    (f) Amendment to Federal Reserve Act.--The 3d undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is
amended in the proviso by inserting ``, including section 5155(i) of
the Revised Statutes,'' after ``limitations and restrictions''.

SEC. 4. CONSISTENCY WITH BILATERAL AND MULTILATERAL AGREEMENTS.

    No authority under this Act or any amendment made by this Act to
any other law may be used to take any action with respect to a foreign
country which is inconsistent with any bilateral or multilateral
agreement that governs financial services in which such country is
obligated to provide national treatment for United States banking
organizations.

            Passed the House of Representatives September 30, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

Summary: National Treatment in Banking Act of 1994 - Directs the Secretary of the Treasury to: (1) identify the extent to which foreign countries may be denying national treatment to US banking organizations. And (2) assess whether the possible denial of national treatment to such banking organizations may be having a significant adverse effect upon them. Authorizes the Secretary to publish notice of such assessments in the Federal Register. Amends the International Banking Act of 1978, the Bank Holding Company Act of 1956, the Federal Deposit Insurance Act, and the National Bank Act to direct the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency to take into account whether the Secretary has published such notice in the Federal Register when considering applications by foreign banks or other persons of a foreign country. Declares that no authority under this Act or any amendment it makes to any other law may be used to take any action with respect to a foreign country which is inconsistent with any bilateral or multilateral agreement that governs financial services in which such country is obligated to provide national treatment for US banking organizations.