SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Certification Program Act
of 2014''.

SEC. 2. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE,
              BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.

    Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C.
6296(b)) is amended by adding at the end the following:
            ``(6) Voluntary certification programs for air
        conditioning, furnace, boiler, heat pump, and water heater
        products.--
                    ``(A) Definition of basic model group.--In this
                paragraph, the term `basic model group' means a set of
                models--
                            ``(i) that share characteristics that allow
                        the performance of 1 model to be generally
                        representative of the performance of other
                        models within the group; and
                            ``(ii) in which the group of products does
                        not necessarily have to share discrete
                        performance.
                    ``(B) Reliance on voluntary certification
                programs.--For the purpose of testing to verify the
                performance rating of, or receiving test reports from
                manufacturers certifying compliance with energy
                conservation standards and Energy Star specifications
                established under sections 324A, 325, and 342, the
                covered products described in paragraphs (3), (4), (5),
                (9), and (11) of section 322(a) and covered equipment
                described in subparagraphs (B), (C), (D), (F), (I),
                (J), and (K) of section 340(1), the Secretary and
                Administrator shall rely on voluntary certification
                programs that--
                            ``(i) are nationally recognized;
                            ``(ii) maintain a publicly available list
                        of all certified products and equipment;
                            ``(iii) as determined by the Secretary,
                        annually test not less than 10 percent and not
                        more than 30 percent of the basic model group
                        of a program participant;
                            ``(iv) require the changing of the
                        performance rating or removal of the product or
                        equipment from the program, if verification
                        testing determines that the performance rating
                        does not meet the levels the manufacturer has
                        certified to the Secretary;
                            ``(v) require the qualification of new
                        participants in the program through testing and
                        production of test reports;
                            ``(vi) allow for challenge testing of
                        products and equipment within the scope of the
                        program;
                            ``(vii) require program participants to
                        certify the performance rating of all covered
                        products and equipment within the scope of the
                        program;
                            ``(viii) are conducted by a certification
                        body that is accredited under International
                        Organization for Standardization/International
                        Electrotechnical Commission (ISO/IEC) Standard
                        17065;
                            ``(ix) provide to the Secretary--
                                    ``(I) an annual report of all test
                                results;
                                    ``(II) prompt notification when
                                program testing results in--
                                            ``(aa) the rerating of the
                                        performance rating of a product
                                        or equipment; or
                                            ``(bb) the delisting of a
                                        product or equipment; and
                                    ``(III) test reports, on the
                                request of the Secretary or the
                                Administrator, for Energy Star
                                compliant products, which shall be
                                treated as confidential business
                                information as provided for under
                                section 552(b)(4) of title 5, United
                                States Code (commonly known as the
                                `Freedom of Information Act');
                            ``(x) use verification testing that--
                                    ``(I) is conducted by an
                                independent test laboratory that is
                                accredited under International
                                Organization for Standardization/
                                International Electrotechnical
                                Commission (ISO/IEC) Standard 17025
                                with a scope covering the tested
                                products or equipment;
                                    ``(II) follows the test procedures
                                established under this title; and
                                    ``(III) notes in each test report
                                any instructions specified by the
                                manufacturer or the representative of
                                the manufacturer for the purpose of
                                conducting the verification testing;
                                and
                            ``(xi) satisfy such other requirements as
                        the Secretary has determined--
                                    ``(I) are essential to ensure
                                standards compliance; or
                                    ``(II) have consensus support
                                achieved through a negotiated
                                rulemaking process.
                    ``(C) Administration.--
                            ``(i) In general.--The Secretary shall not
                        require--
                                    ``(I) manufacturers to participate
                                in a voluntary certification program
                                described in subparagraph (B); or
                                    ``(II) participating manufacturers
                                to provide information that can be
                                obtained through a voluntary
                                certification program described in
                                subparagraph (B).
                            ``(ii) List of covered products.--The
                        Secretary or the Administrator may maintain a
                        publicly available list of covered products and
                        equipment certified under a program described
                        in subparagraph (B) that distinguishes
                        between--
                                    ``(I) covered products and
                                equipment verified by the program; and
                                    ``(II) products not verified by the
                                program.
                            ``(iii) Reduction of requirements.--Any
                        rules promulgated by the Secretary that require
                        testing of products or equipment for
                        certification of performance ratings shall on
                        average reduce requirements and burdens for
                        manufacturers participating in a voluntary
                        certification program described in subparagraph
                        (B) for the products or equipment relative to
                        other manufacturers.
                            ``(iv) Periodic testing by program
                        nonparticipants.--In addition to certification
                        requirements, the Secretary shall require a
                        manufacturer that does not participate in a
                        voluntary certification program described in
                        subparagraph (B)--
                                    ``(I) to verify the accuracy of the
                                performance rating of the product or
                                equipment through periodic testing
                                using the testing methods described in
                                clause (iii) or (x) of subparagraph
                                (B); and
                                    ``(II) to provide to the Secretary
                                test results and, on request, test
                                reports verifying the certified
                                performance for each basic model group
                                of the manufacturer.
                            ``(v) Restrictions on test laboratories.--
                                    ``(I) In general.--Subject to
                                subclause (II), with respect to covered
                                products and equipment, a voluntary
                                certification program described in
                                subparagraph (B) shall not be a test
                                laboratory that conducts the testing on
                                products or equipment within the scope
                                of the program.
                                    ``(II) Limitation.--Subclause (I)
                                shall not apply to Energy Star
                                specifications established under
                                section 324A.
                            ``(vi) Effect on other authority.--Nothing
                        in this paragraph limits the authority of the
                        Secretary or the Administrator to test products
                        or equipment or to enforce compliance with any
                        law (including regulations).''.

Summary: Voluntary Certification Program Act of 2014 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards for air conditioning, furnace, boiler, heat pump, and water heater products. Sets forth required characteristics of such certification programs.


SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL
              SHELF.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To protect the economic and land use interests of the
        Federal Government in the management of the outer Continental
        Shelf for energy-related and certain other purposes.
            (2) To provide an administrative framework for the
        oversight and management of energy-related activities on the
        outer Continental Shelf, consistent with other applicable laws.
            (3) To provide for inter-agency coordination in the siting
        and permitting of energy-related activities on the outer
        Continental Shelf.
            (4) To ensure that energy-related activities on the outer
        Continental Shelf are conducted in a manner that provides for
        safety, protection of the environment, prevention of waste,
        conservation of natural resources, the protection of
        correlative rights, and protection of national security
        interests.
            (5) To authorize alternate uses of existing structures and
        facilities previously permitted under the Outer Continental
        Shelf Lands Act (43 U.S.C. 1331 note).
            (6) To ensure that the Federal Government receives a fair
        return for any easement or right-of-way granted under section
        8(p) of the Outer Continental Shelf Lands Act.
    (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by
adding at the end the following new subsection:
    ``(p) Easements or Rights-of-Way for Energy and Related Purposes.--
            ``(1) The Secretary, in consultation with the Secretary of
        the Department in which the Coast Guard is operating and other
        relevant departments and agencies of the Federal government,
        may grant an easement or right-of-way on the outer Continental
        Shelf or activities not otherwise authorized in this Act, the
        Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the
        Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et
        seq.) when such activities--
                    ``(A) support exploration, development, production,
                transportation, or storage of oil, natural gas, or
                other minerals;
                    ``(B) produce or support production,
                transportation, or transmission of energy from sources
                other than oil and gas; or
                    ``(C) use facilities currently or previously used
                for activities authorized under this Act.
            ``(2)(A) The Secretary shall establish reasonable forms of
        annual or one-time payments for any easement or right-of-way
        granted under this subsection, including fees, rentals, or cash
        bonus payments. The Secretary may establish fees, rentals,
        bonus, or other payments by rule or by agreement with the party
        to whom the easement or right-of-way is granted.
            ``(B) Before exercising the authority granted under this
        subsection, the Secretary shall consult with the Secretary of
        Defense concerning issues related to national security and
        navigational obstruction.
            ``(C) The Secretary may issue an easement or right-of-way
        for energy and related purposes as described in paragraph (1)
        on a competitive or non-competitive basis. In determining
        whether such easement or right-of-way shall be granted
        competitively or non-competitively, the Secretary shall
        consider such factors as prevention of waste and conservation
        of natural resources, protection of the environment, the
        national interest, national security, human safety, protection
        of correlative rights, and the potential return for the
        easement or right-of-way.
            ``(3) The Secretary, in consultation with the Secretary of
        the Department in which the Coast Guard is operating and other
        relevant departments and agencies of the Federal Government and
        affected States, shall prescribe any necessary regulations to
        assure safety, protection of the environment, prevention of
        waste, and conservation of the natural resources of the outer
        Continental Shelf, protection of national security interests,
        and the protection of correlative rights therein.
            ``(4) The Secretary shall require the holder of an easement
        or right-of-way granted under this subsection to furnish a
        surety bond or other form of security, as prescribed by the
        Secretary, and to comply with such other requirements as the
        Secretary may deem necessary to protect the interests of the
        United States.
            ``(5) Nothing in this subsection shall be construed to
        displace, supercede, limit, or modify the jurisdiction,
        responsibility, or authority of any Federal or State agency
        under any other Federal law.
            ``(6) This subsection shall not apply to any area on the
        outer Continental Shelf designated by legislation as a National
        Marine Sanctuary.''.
    (c) Conforming Amendment.--The text of the heading for section 8 of
the Outer Continental Shelf Lands Act is amended to read as follows:
``Leases, Easements, and Rights-of-Way on the Outer Continental
Shelf.''.

Summary: Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements or rights-of-way on the outer Continental Shelf for activities that: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals. (2) produce or support production, transportation, or transmission of energy sources other than oil and gas. Or (3) use facilities for previously authorized activities. Excludes any National Marine Sanctuary from application of this Act.

To amend the Outer Continental Shelf Lands Act to protect the economic and land use interests of the Federal Government in the management of outer continental shelf lands for energy-related and certain other purposes, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Vehicles Incentive Act of
2013''.

SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
              NONATTAINMENT AREAS.

    (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. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
              NONATTAINMENT AREAS.

    ``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
            ``(1) the clean-fuel property credit, plus
            ``(2) the clean-burning fuel use credit.
    ``(b) Clean-Fuel Property Credit.--
            ``(1) In general.--The clean-fuel property credit is the
        sum of--
                    ``(A) qualified vehicle property costs, plus
                    ``(B) qualified refueling property costs.
            ``(2) Qualified vehicle property costs.--
                    ``(A) In general.--For purposes of paragraph (1),
                the term `qualified vehicle property costs' means the
                amount paid or incurred by the eligible business for
                qualified clean-fuel vehicle property which is placed
                in service during the taxable year by the eligible
                business and substantially all of the use of which is
                in a nonattainment area.
                    ``(B) Limitation.--The amount which may be taken
                into account under subparagraph (A) with respect to any
                motor vehicle shall not exceed--
                            ``(i) $8,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        not more than 8,500 pounds,
                            ``(ii) $20,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 8,500 pounds but not more than 14,000
                        pounds,
                            ``(iii) $40,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 14,000 pounds but not more than
                        26,000 pounds, and
                            ``(iv) $80,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 26,000 pounds.
                    ``(C) Qualified clean-fuel vehicle property.--The
                term `qualified clean-fuel vehicle property' shall have
                the meaning given to such term by section 179A(c)
                (without regard to paragraphs (1)(A) and (3) thereof),
                except that such term does not include property that is
                a motor vehicle propelled by a fuel that is not a
                clean-burning fuel.
            ``(3) Qualified refueling property costs.--
                    ``(A) In general.--For purposes of paragraph (1),
                the term `qualified refueling property costs' means
                amounts paid or incurred by the eligible business for
                qualified clean-fuel vehicle refueling property (as
                defined by section 179A(d)) which is placed in service
                in a nonattainment area during the taxable year by the
                eligible business.
                    ``(B) Limitation.--
                            ``(i) In general.--The aggregate cost which
                        may be taken into account under subparagraph
                        (A) with respect to qualified clean-fuel
                        vehicle refueling property placed in service by
                        the eligible business during the taxable year
                        at a location shall not exceed the lesser of--
                                    ``(I) $150,000, or
                                    ``(II) the cost of such property
                                reduced by the amount described in
                                clause (ii).
                            ``(ii) Reduction for amounts previously
                        taken into account.--For purposes of clause
                        (i)(II), the amount described in this clause is
                        the sum of--
                                    ``(I) the aggregate amount taken
                                into account under paragraph (1)(B) for
                                all preceding taxable years, and
                                    ``(II) the aggregate amount taken
                                into account under section
                                179A(a)(1)(B) by the taxpayer (or any
                                related person or predecessor) with
                                respect to property placed in service
                                at such location for all preceding
                                taxable years.
                            ``(iii) Special rules.--For purposes of
                        this subparagraph, the provisions of
                        subparagraphs (B) and (C) of section 179A(b)(2)
                        shall apply.
    ``(c) Clean-Burning Fuel Use Credit.--
            ``(1) In general.--For purposes of subsection (a), the
        clean-burning fuel use credit is the amount equal to 50 cents
        for each gasoline gallon equivalent of clean-burning fuel used
        by an eligible business during the taxable year to propel
        qualified clean-fuel vehicle property.
            ``(2) Clean-burning fuel.--For purposes of paragraph (1),
        the term `clean-burning fuel' has the meaning given to such
        term by section 179A, except that such term includes compressed
        natural gas and biodiesel (as defined by section 40A(d)(1)).
            ``(3) Gasoline gallon equivalent.--For purposes of
        paragraph (1), the term `gasoline gallon equivalent' means,
        with respect to any clean burning fuel, the amount (determined
        by the Secretary) of such fuel having a Btu content of 114,000.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Eligible business.--The term `eligible business'
        means--
                    ``(A) a qualified business entity or a qualified
                proprietorship (as such terms are defined by section
                1397C, determined by substituting `nonattainment area'
                for `empowerment zone' and `enterprise zone' each place
                it appears), and
                    ``(B) a trade or business located outside of a
                nonattainment area, but only with respect to qualified
                clean-fuel vehicle property used substantially within a
                nonattainment area.
            ``(2) Nonattainment area.--The term `nonattainment area'
        shall have the meaning given to such term by section 171 of the
        Clean Air Act (42 U.S.C. 7501).
    ``(e) Denial of Double Benefit.--Except as provided in section
30B(d)(4), no credit shall be allowed under subsection (a) for any
expense for which a deduction or credit is allowed under any other
provision of this chapter.
    ``(f) Recapture.--The Secretary shall, by regulations, provide for
recapturing the benefit under any credit allowable under subsection (a)
with respect to any property substantially all of the use of which is
not in a nonattainment area.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
            ``(37) the clean-fuel credit determined under section
        45S.''.
    (c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
    ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45S.''.
    (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph
(B) of section 38(c)(4) of such Code (relating to specified credits) is
amended by striking ``and'' at the end of clause (viii), by striking
the period at the end of clause (ix) and inserting ``, and'', and by
inserting after clause (ix) the following:
                            ``(x) the credit determined under section
                        45S.''.
    (e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (13), by striking the period at the end of paragraph (14)
and inserting ``, and'', and by adding after paragraph (14) the
following new paragraph:
            ``(15) the clean fuels credit determined under section
        45S.''.
    (f) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45R the following new
item:

``Sec. 45S. Clean-fuel credit with respect to businesses located in
                            nonattainment areas.''.
    (g) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012.

SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT
              AREAS.

    (a) In General.--Subsection (d) of section 30B of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(4) Vehicles placed in service in nonattainment area
        after 2012.--
                    ``(A) In general.--No amount shall be allowed as a
                credit determined under this subsection for any taxable
                year beginning after 2012 with respect to a new
                qualified hybrid motor vehicle unless such vehicle is
                placed in service by an eligible business and
                substantially all of the use of which is in a
                nonattainment area.
                    ``(B) Recapture.--The Secretary shall, by
                regulations, provide for recapturing the benefit under
                any credit allowable under subsection (a) by reason of
                subparagraph (A) with respect to any property
                substantially all of the use of which is not in a
                nonattainment area.
                    ``(C) Phaseout not to apply.--For purposes of this
                subsection, subsection (f) shall not apply.
                    ``(D) Definitions.--For purposes of this
                subsection, the terms `eligible business' and
                `nonattainment area' have the meanings given such terms
                by section 45S(d).''.
    (b) Extension of Credit for Hybrid Vehicles Placed in Service in
Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is
amended to read as follows:
            ``(3) in the case of a new qualified hybrid motor vehicle
        (as described in subsection (d)(2)(B))--
                    ``(A) December 31, 2009, and before January 1,
                2013, or
                    ``(B) December 31, 2012, and before January 1,
                2018.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012.

Summary: Clean Vehicles Incentive Act ofnbsp. 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.

Clean Vehicles Incentive Act of 2013


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Employment Verification
Reauthorization Act of 2008''.

SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION
              PILOT PROGRAMS.

    Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is
amended by striking ``Unless the Congress otherwise provides, the
Secretary of Homeland Security shall terminate a pilot program at the
end of the 11-year period beginning on the first day the pilot program
is in effect.''.

SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM.

    Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208) are amended by striking ``basic
pilot program'' each place that term appears and inserting ``E-Verify
Program''.

SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS.

    Section 402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) United states contractors.--Any person, employer, or
        other entity that enters into a contract with the Federal
        Government shall participate in the E-Verify Program and shall
        comply with the terms and conditions of such election.''.

SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.

    Section 403(a)(3)(A) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C.
1324a note) is amended--
            (1) by striking ``The person'' and inserting the following:
                            ``(i) Upon hiring.--The person''; and
            (2) by adding at the end the following:
                            ``(ii) Existing employees.--An employer
                        that elects to verify the employment
                        eligibility of existing employees shall verify
                        the employment eligibility of all such
                        employees not later than 10 days after
                        notifying the Secretary of Homeland Security of
                        such election.
                            ``(iii) Required participation.--The
                        Secretary of Homeland Security may require any
                        employer or class of employers to participate
                        in the E-Verify Program with respect to
                        individuals employed as of, or hired after, the
                        date of the enactment of the Electronic
                        Employment Verification Reauthorization Act of
                        2008 if the Secretary has reasonable cause to
                        believe that the employer has engaged in
                        material violations of section 274A of the
                        Immigration and Nationality Act (8 U.S.C.
                        1324a).''.

SEC. 6. REVERIFICATION.

    Section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is
amended by adding at the end the following:
            ``(5) Reverification.--Each employer participating in the
        E-Verify Program shall use the confirmation system to reverify
        the work authorization of any individual not later than 3 days
        after the date on which such individual's employment
        authorization is scheduled to expire, as indicated by the
        documents that the individual provided to the employer pursuant
        to section 274A(b), in accordance with the procedures otherwise
        applicable to the verification of a newly hired employee under
        this subsection.''.

SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM.

    Section 403 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Small Business Demonstration Program.--The Director of United
States Citizenship and Immigration Services shall establish, in a rural
setting or in an area with fewer than 10,000 residents, a demonstration
program that assists small businesses in verifying the employment
eligibility of their newly hired employees.''.

SEC. 8. INTERAGENCY NONCONFIRMATION REPORT.

    Section 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is
amended by adding at the end the following:
    ``(c) Interagency Nonconfirmation Report.--The Director of United
States Citizenship and Immigration Services shall submit a monthly
report to the Assistant Secretary of Immigration and Customs
Enforcement that includes, for each person who receives final
nonconfirmation through the E-Verify Program--
            ``(1) the name of such person;
            ``(2) his or her Social Security number or alien file
        number;
            ``(3) the name and contact information for his or her
        current employer; and
            ``(4) any other critical information that the Assistant
        Secretary determines to be appropriate.
    ``(d) Use of Monthly Report.--The Secretary of Homeland Security
may use information provided under subsection (c) to enforce compliance
of the immigration laws of the United States.''.

Summary: Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.

A bill to extend and improve the effectiveness of the employment eligibility confirmation program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clinical Laboratory Compliance
Improvement Act of 2004''.

SEC. 2. PROTECTION OF EMPLOYEES OF PROVIDERS AND SUPPLIERS OF CLINICAL
              DIAGNOSTIC LABORATORY TESTS WHO REPORT VIOLATIONS.

    (a) In General.--Section 1846 of the Social Security Act (42 U.S.C.
1395w-2) is amended by adding at the end the following new subsection:
    ``(c)(1)(A) Each provider or clinical laboratory approved for
participation under this title to provide clinical diagnostic
laboratory tests shall post in a conspicuous place a notice to
employees that indicates the manner in which to report instances of
noncompliance with conditions of participation under this title of the
provider or laboratory (as the case may be), including deficiencies
with respect to testing, quality, and inadequately trained personnel.
    ``(B)(i) A notice under subparagraph (A) shall include--
            ``(I) the name and contact information of the appropriate
        entity, accreditation organization, or State or Federal agency
        to report instances of noncompliance; and
            ``(II) a description of the rights and protections under
        this section of individuals who report instances of
        noncompliance.
    ``(ii) The Secretary shall specify the form of the notice.
    ``(2)(A) A provider or clinical laboratory approved for
participation under this title to provide clinical diagnostic
laboratory tests shall not discriminate or retaliate in any manner
against any employee of the provider or laboratory (as the case may be)
because that employee, or any other person, has presented a grievance
or complaint, or has initiated or cooperated in any investigation or
proceeding of any kind, relating to the clinical diagnostic laboratory
tests performed by the provider or laboratory (as the case may be) or
other requirements and prohibitions of this title.
    ``(B) An employee of a provider or clinical laboratory approved for
participation under this title to provide clinical diagnostic
laboratory tests who has been discriminated or retaliated against in
employment in violation of this subsection may initiate judicial action
in a United States District Court and shall be entitled to
reinstatement, reimbursement for lost wages and work benefits caused by
the unlawful acts of the employing provider or laboratory (as the case
may be). Prevailing employees are entitled to reasonable attorney's
fees and costs associated with pursuing the judicial action.
    ``(C) No action may be brought under subparagraph (B) more than 2
years after the discrimination or retaliation with respect to which the
action is brought.
    ``(D) For purposes of this paragraph--
            ``(i) an adverse employment action shall be treated as
        `retaliation or discrimination'; and
            ``(ii) an adverse employment action includes--
                    ``(I) the failure to promote an individual or
                provide any other employment-related benefit for which
                the individual would otherwise be eligible;
                    ``(II) an adverse evaluation or decision made in
                relation to accreditation, certification,
                credentialing, or licensing of the individual; and
                    ``(III) a personnel action that is adverse to the
                individual concerned.''.
    (b) Clerical Amendment.--The heading of such section is amended by
adding at the end the following:

                    ``; whistleblower protections''.

    (c) Effective Date.--The amendment made by subsection (a) shall
take effect January 1, 2005.

SEC. 3. REQUIREMENT FOR UNANNOUNCED SURVEYS.

    (a) In General.--Section 1846 of the Social Security Act (42 U.S.C.
1395w-2), as amended by section 2(a), is further amended by adding at
the end the following new subsections:
    ``(d)(1) Upon receipt of a report of an instance of noncompliance
with conditions of participation by a provider or clinical laboratory
approved for participation under this title to provide clinical
diagnostic laboratory tests, the investigative organization shall--
            ``(A) provide notice to the Secretary and other
        investigative organizations involved of receipt of the report
        within 3 business days of such receipt using a standard format
        and manner of transmission developed by the Secretary for such
        purpose;
            ``(B) promptly determine whether to investigate the report;
        and
    ``(C) if appropriate, promptly investigate the report.
    ``(2) In measuring performance of an investigative organization
under a contract entered into with the Secretary, the Secretary shall
provide for appropriate adjustments to payments under the contract for
failure to carry out the responsibilities of this subsection.
    ``(3) In this subsection, the term `investigative organization'
means an accreditation organization, a State agency, or other entity
responsible for surveys of such providers or clinical laboratories.
    ``(e)(1) Each provider or clinical laboratory approved for
participation under this title to provide clinical diagnostic
laboratory tests shall be subject to a standard survey, to be conducted
without any prior notice to the provider or laboratory (as the case may
be). Each survey shall include verification of compliance with
requirements under subsection (c).
    ``(2) Any individual who notifies (or causes to be notified) a
provider or laboratory of the time or date on which such a survey is
scheduled to be conducted is subject to a civil money penalty not to
exceed $2,000.
    ``(3) The Secretary shall review each State's procedures for the
scheduling and conduct of standard surveys to assure that the State has
taken all reasonable steps to avoid giving notice of such a survey
through the scheduling procedures and the conduct of the surveys
themselves.
    ``(f) The Secretary shall submit to Congress an annual report on
the actions taken under this section. Each such report shall include
information on reports made under subsection (c), actions taken under
subsection (d), the promptness with which such actions were taken, the
findings of any investigation of such reports, and any actions taken
based upon such findings.''.
    (b) Clerical Amendment.--The heading of such section, as amended by
section 2(b), is further amended by adding at the end the following:

                       ``; unannounced surveys''.

    (c) Effective Date.--The amendment made by subsection (a) shall
take effect January 1, 2005.

Summary: Clinical Laboratory Compliance Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to require each provider or clinical laboratory approved for participation under Medicare to provide clinical diagnostic laboratory tests to post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation. Prohibits such a provider or clinical laboratory from discriminating against or retaliating in any manner against any employee because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed or other requirements and prohibitions of Medicare. Provides for judicial action for any employee so aggrieved. Requires the investigative organization, upon receipt of a report of an instance of noncompliance, to: (1) provide notice to the Secretary and other investigative organizations involved of receipt of the report within three business days, using a standard format and manner of transmission developed by the Secretary for such purpose, (2) promptly determine whether to investigate the report. And (3) if appropriate, promptly investigate it. Requires that the Secretary, in measuring the performance of an investigative organization under contract, to provide for appropriate adjustments to payments for failure to carry out the responsibilities of this Act. Subjects each provider or clinical laboratory to a standard survey, including verification of compliance with requirements, conducted without prior notice. Makes liable for civil monetary penalties any individual who notifies a provider or laboratory of the time or date on which such a survey is scheduled to be conducted.

To amend title XVIII of the Social Security Act to provide whistleblower protection to employees of clinical laboratories who furnish services under the Medicare Program, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Empowerment Act''.

SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.

    (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:

             ``Subchapter X--Educational Empowerment Zones

                              ``Sec. 1400E. Designation of educational
                                        empowerment zones.

``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.

    ``(a) Designation.--
            ``(1) Educational empowerment zone.--For purposes of this
        title, the term `educational empowerment zone' means any area--
                    ``(A) which is nominated by one or more local
                governments and the State or States in which it is
                located for designation as an educational empowerment
                zone (hereinafter in this section referred to as a
                `nominated area'), and
                    ``(B) which the Secretary of Health and Human
                Services and the Secretary of Education (hereinafter in
                this section referred to as the `Secretaries
                concerned') jointly designate as an educational
                empowerment zone.
            ``(2) Number of designations.--The Secretaries concerned
        may designate not more than 30 nominated areas as educational
        empowerment zones.
            ``(3) Areas designated based on degree of poverty, etc.--
        Except as otherwise provided in this section, the nominated
        areas designated as educational empowerment zones under this
        subsection shall be those nominated areas with the highest
        average ranking with respect to the criteria described in
        subsection (c)(3). For purposes of the preceding sentence, an
        area shall be ranked within each such criterion on the basis of
        the amount by which the area exceeds such criterion, with the
        area which exceeds such criterion by the greatest amount given
        the highest ranking.
            ``(4) Limitation on designations.--
                    ``(A) Publication of regulations.--The Secretaries
                concerned shall prescribe by regulation no later than 4
                months after the date of the enactment of this
                section--
                            ``(i) the procedures for nominating an area
                        under paragraph (1)(A),
                            ``(ii) the parameters relating to the size
                        and population characteristics of an
                        educational empowerment zone, and
                            ``(iii) the manner in which nominated areas
                        will be evaluated based on the criteria
                        specified in subsection (c).
                    ``(B) Time limitations.--The Secretaries concerned
                may designate nominated areas as educational
                empowerment zones only during the 24-month period
                beginning on the first day of the first month following
                the month in which the regulations described in
                subparagraph (A) are prescribed.
                    ``(C) Procedural rules.--The Secretaries concerned
                shall not make any designation of a nominated area as
                an educational empowerment zone under paragraph (2)
                unless--
                            ``(i) a nomination regarding such area is
                        submitted in such a manner and in such form,
                        and contains such information, as the
                        Secretaries concerned shall by regulation
                        prescribe, and
                            ``(ii) the Secretaries concerned determine
                        that any information furnished is reasonably
                        accurate.
            ``(5) Nomination process for indian reservations.--For
        purposes of this subchapter, in the case of a nominated area on
        an Indian reservation, the reservation governing body (as
        determined by the Secretary of the Interior) shall be treated
        as being both the State and local governments with respect to
        such area.
    ``(b) Period for Which Designation Is in Effect.--Any designation
of an area as an educational empowerment zone shall remain in effect
during the period beginning on the date of the designation and ending
on the earliest of--
            ``(1) December 31, 2005,
            ``(2) the termination date designated by the State and
        local governments in their nomination, or
            ``(3) the date the Secretaries concerned revoke such
        designation.
    ``(c) Area and Eligibility Requirements.--
            ``(1) In general.--The Secretary of Commerce may designate
        a nominated area as an educational empowerment zone under
        subsection (a) only if the area meets the requirements of
        paragraphs (2) and (3) of this subsection.
            ``(2) Area requirements.--For purposes of paragraph (1), a
        nominated area meets the requirements of this paragraph if--
                    ``(A) the area is within the jurisdiction of one or
                more local governments,
                            ``(B) the boundary of the area is
                        continuous, and
                            ``(C) the area does not include an
                        empowerment zone (as defined in section
                        1393(b)) other than such a zone designated
                        under section 1391(g).
            ``(3) Eligibility requirements.--For purposes of paragraph
        (1), a nominated area meets the requirements of this paragraph
        if the State and the local governments in which it is located
        certify that the nominated area satisfies such conditions as
        the Secretary of Education deems appropriate.
            ``(4) Consideration of dropout rate, etc.--The Secretary of
        Education, in setting forth the conditions for eligibility
        pursuant to paragraph (3), shall take into account the extent
        to which an area has low-income families, a high dropout rate,
        a high rate of teen pregnancy, and large school class sizes.
    ``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
            ``(1) a designation as an educational empowerment zone, and
            ``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
    ``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (2), (3), (5), and
(7) of section 1393 shall apply.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:

                              ``Subchapter X. Educational Empowerment
                                        Zones.''

SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
              EMPOWERMENT ZONES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:

``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
              EMPOWERMENT ZONES.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the amount of qualified educational empowerment zone
contributions made by the taxpayer during such year.
    ``(b) Maximum Credit.--The amount of the credit allowed by
subsection (a)--
            ``(1) in the case of an individual, shall not exceed
        $2,000, and
            ``(2) in the case of any other taxpayer, shall not exceed
        $10,000.
    ``(c) Definition of Qualified Educational Empowerment Zone
Contributions.--For purposes of this section, the term `qualified
educational empowerment zone contributions' means cash contributions
made to any school district located in an educational empowerment zone
(as designated under section 1400E) if such contributions--
            ``(1) but for subsection (d), would be allowable as a
        deduction under section 170, and
            ``(2) are used for any of the following purposes by the
        school district:
                    ``(A) Hiring new teachers.
                    ``(B) Increasing teacher salaries.
                    ``(C) Training teachers.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution taken into account in computing
the credit under this section.
    ``(e) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.
    ``(f) Application With Other Credits; Carryover of Excess Credit.--
The credit allowed by subsection (a) for any taxable year shall not
exceed the excess (if any) of--
            ``(1) the regular tax for the taxable year reduced by the
        sum of the credits allowable under subpart A and the preceding
        sections of this subpart, over
            ``(2) the tentative minimum tax for the taxable year.
If the credit under subsection (a) exceeds the limitation of the
preceding sentence, such excess shall be added to the credit allowable
under subsection (a) for the succeeding taxable year.''.
    (b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:

                              ``Sec. 30B. Contributions to school
                                        districts in educational
                                        empowerment zones.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.

    Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:

``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.

    ``(a) Purpose.--It is the purpose of this section to encourage more
individuals to enter and stay in the field of teaching mathematics,
science, and related fields.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a program
        of assuming the obligation to repay, pursuant to subsection
        (c), a loan made, insured, or guaranteed under this part or
        part D (excluding loans made under sections 428B and 428C or
        comparable loans made under part D) for any new borrower after
        October 1, 1998, who--
                    ``(A) has been employed as a full-time teacher for
                3 consecutive complete school years in a school that is
                located in an educational empowerment zone, as such
                term is defined in section 1400E of the Internal
                Revenue Code of 1986;
                    ``(B) is a fully qualified teacher; and
                    ``(C) is not in default on a loan for which the
                borrower seeks forgiveness.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B),
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority
                in providing loan repayment under this section for a
                fiscal year to student borrowers who received loan
                repayment under this section for the preceding fiscal
                year.
            ``(3) Regulations.--The Secretary is authorized to
        prescribe such regulations as may be necessary to carry out the
        provisions of this section.
    ``(c) Loan Repayment.--
            ``(1) Eligible amount.--The amount the Secretary may repay
        on behalf of any individual under this section shall not
        exceed--
                    ``(A) 80 percent of the sum of the principal
                amounts outstanding of the individual's qualifying
                loans at the end of 3 consecutive complete school years
                of service described in subsection (b)(1)(A);
                    ``(B) an additional 10 percent of such sum at the
                end of each of the next 2 consecutive complete school
                years of such service; and
                    ``(C) a total of more than $10,000.
            ``(2) Construction.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Double benefits prohibited.--No borrower may, for the
        same service, receive a benefit under both this section and
        subtitle D of title I of the National and Community Service Act
        of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a
        reduction of loan obligations under both this section and
        section 428J or 460.
    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(e) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing the required
        number of years of qualifying employment.
            ``(3) Fully qualified teachers.--An application for loan
        repayment under this section shall include such information as
        is necessary to demonstrate that the applicant--
                    ``(A) if teaching in a public elementary or
                secondary school (other than as a teacher in a public
                charter school), has obtained State certification as a
                teacher (including certification obtained through
                alternative routes to certification) or passed the
                State teacher licensing exam and holds a license to
                teach in such State; and
                    ``(B) if teaching in--
                            ``(i) an elementary school, holds a
                        bachelor's degree and demonstrates knowledge
                        and teaching skills in reading, writing,
                        mathematics, science, and other areas of the
                        elementary school curriculum; or
                            ``(ii) a middle or secondary school, holds
                        a bachelor's degree and demonstrates a high
                        level of competency in all subject areas in
                        which he or she teaches through--
                                    ``(I) a high level of performance
                                on a rigorous State or local academic
                                subject areas test; or
                                    ``(II) completion of an academic
                                major in each of the subject areas in
                                which he or she provides instruction.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or
        contract, an independent national evaluation of the impact of
        the program assisted under this section.
            ``(2) Competitive basis.--The grant or contract described
        in subsection (b) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this
        subsection shall--
                    ``(A) determine the number of individuals who were
                encouraged by the program assisted under this section
                to pursue teaching careers;
                    ``(B) determine the number of individuals who
                remain employed in teaching mathematics, science, or
                related fields as a result of participation in the
                program;
                    ``(C) identify the barriers to the effectiveness of
                the program;
                    ``(D) assess the cost-effectiveness of the program;
                and
                    ``(E) identify the number of years each individual
                participates in the program.
            ``(4) Interim and final evaluation reports.--The Secretary
        shall prepare and submit to the President and the Congress such
        interim reports regarding the evaluation described in this
        subsection as the Secretary deems appropriate, and shall
        prepare and so submit a final report regarding the evaluation
        by January 1, 2004.''.

Summary: Establishes a teacher loan forgiveness program for mathematics and science teachers.

Educational Empowerment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Durham Woods Natural Gas Pipeline
Safety Act of 1994''.

SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION
              AREAS.

    (a) Instrumented Internal Inspection Devices.--Section 3(g)(2) of
the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(g)(2))
is amended by inserting ``, not less than once every 7 years,'' after
``requiring the periodic inspection''.
    (b) Additional Inspections.--Section 3 of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1672) is amended by adding at the
end the following new subsection:
    ``(l) Additional Inspection Requirements.--Within 2 years after the
date of enactment of this subsection, the Secretary shall issue
regulations requiring that each operator of transmission pipelines--
            ``(1) establish a program for observing from the air, or
        inspecting from the ground, or both, at least once every month,
        the surface conditions on and adjacent to the right-of-way of
        all of such operator's transmission pipelines identified
        pursuant to subsection (i) for indications of leaks,
        construction, and other circumstances affecting safety or
        operation; and
            ``(2) place line markers along the rights-of-way of all of
        such operator's transmission pipelines identified pursuant to
        subsection (i), unless such placement is impractical.''.

SEC. 3. DAMAGE REPORTING.

    Section 20(g)(2) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1687(g)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C);
        and
            (3) by inserting after subparagraph (A) the following new
        subparagraph:
                    ``(B) a natural gas pipeline facility and does not
                report the damage promptly to the operator of the
                pipeline facility or other appropriate authorities;
                or''.

SEC. 4. INCREASED PENALTIES.

    (a) Criminal Penalties.--(1) Section 20(g) of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. App. 1687(g)) is amended by
striking ``5 years'' and inserting in lieu thereof ``10 years''.
    (2) Section 11(c) of the Natural Gas Pipeline Safety Act of 1968
(49 U.S.C. App. 1679a(c)) is amended--
            (A) in paragraph (1), by striking ``$25,000, imprisonment
        for a term not to exceed 5 years'' and inserting in lieu
        thereof ``$100,000, imprisonment for a term not to exceed 10
        years'';
            (B) in paragraph (2), by striking ``$25,000, imprisonment
        for a term not to exceed 15 years'' and inserting in lieu
        thereof ``$100,000, imprisonment for a term not to exceed 30
        years''; and
            (C) in paragraph (3), by striking ``$5,000, imprisonment
        for a term not to exceed 1 year'' and inserting in lieu thereof
        ``$50,000, imprisonment for a term not to exceed 5 years''.
    (b) Civil Penalties.--Section 11(a) of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1679a(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or section 20(h)'' and inserting
                in lieu thereof ``, section 20(h), or section 22(a)'';
                    (B) by striking ``$25,000'' and inserting in lieu
                thereof ``$50,000''; and
                    (C) by striking ``$500,000'' and inserting in lieu
                thereof ``$1,000,000''; and
            (2) in paragraph (2), by striking ``$50,000'' and inserting
        in lieu thereof ``$100,000''.

SEC. 5. PUBLIC AWARENESS.

    Section 18(a) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1685(a)) is amended--
            (1) by inserting ``(1)'' before ``Each person who''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Secretary shall, to the extent provided in advance in
appropriations Acts, make grants to States for the promotion of public
awareness of the dangers of excavating near natural gas pipelines by
advertising in the media and other means.''.

SEC. 6. PIPELINE SAFETY STUDY.

    (a) Study.--The Secretary of Transportation shall conduct a
comprehensive study on the safety of all natural gas transmission
pipelines in the State of New Jersey. Such study shall address, at a
minimum--
            (1) increasing population encroachment on pipeline rights-
        of-way;
            (2) environmental concerns;
            (3) financial pressures on the pipeline industry to control
        their costs; and
            (4) the feasibility of utilizing remotely operated or
        automatic shut-off valves, and their appropriate spacing.
    (b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Congress a report containing the results of the study conducted
under subsection (a).

SEC. 7. RISK ASSESSMENT.

    (a) Assessment.--The Secretary of Transportation shall conduct an
assessment of the risks to public safety and the environment posed by
the transportation of natural gas by pipeline. Such assessment shall--
            (1) rank the risks identified by the Secretary in terms of
        their probability of occurrence and the severity of their
        likely consequences, and in terms of any other factors the
        Secretary considers relevant;
            (2) identify and prioritize technically feasible and
        economically justified actions that should be taken to lessen
        the risks identified; and
            (3) address, at a minimum--
                    (A) inspection by instrumented internal inspection
                devices;
                    (B) installation of emergency flow restricting
                devices;
                    (C) inspection and burial of underwater pipelines;
                and
                    (D) inspection and replacement of cast iron
                pipelines.
    (b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Congress a report including the assessment required under
subsection (a) and a plan for actions proposed by the Secretary to
address each risk identified in the assessment.

SEC. 8. MAPPING.

    The National Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671-
1688) is amended by adding at the end the following new section:

``SEC. 22. MAPPING.

    ``(a) Location of Transmission Pipelines.--The owner or operator of
each of the Nation's transmission pipelines shall inform the Secretary
of the specific location of such transmission pipelines.
    ``(b) Comprehensive Mapping Program.--The Secretary, using the
information received under subsection (a) and any other information
available to the Secretary, shall develop a comprehensive mapping
program to identify the specific location of all of the Nation's
transmission pipelines. The program shall include information on the
proximity of transmission pipelines to high-density population areas,
environmentally sensitive areas, water intakes, and other appropriate
areas or facilities. The Secretary shall establish an electronic data
base for the comprehensive mapping program, and shall ensure that such
data base is available to the public in an appropriate manner.
    ``(c) Security.--The Secretary shall ensure the security of the
program developed under subsection (b) against terrorism, sabotage, and
other threats.''.

Summary: Durham Woods Natural Gas Pipeline Safety Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of natural gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas. And (2) transmission pipeline operators to institute a monthly inspection program for hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to knowingly damage a natural gas pipeline facility and subsequently fail to report such damage. Increases the civil and criminal penalties for violations of this Act. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near natural gas pipelines. (2) study and report to the Congress on the safety of all natural gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by natural gas pipeline transportation. And (3) develop a comprehensive mapping program to identify the specific location of all transmission pipelines in the country.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radiation Experimentation
Compensation Act of 1995''.

SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.

    (a) Findings.--The Congress finds that--
            (1) since the 1940's, the Federal Government has
        intentionally conducted secret radiation experiments in the
        United States without the informed consent or knowledge of the
        individuals on whom the experiments were performed;
            (2) such radiation experiments included eighteen subjects
        of plutonium injection experiments, the subject of a zirconium
        injection experiment, and several subjects of total body
        irradiation experiments conducted during World War II;
            (3) the Federal Government performed such experiments not
        in order to achieve medical or health benefits for the
        individuals used in the tests, but for research purposes, to
        allow Federal Government scientists and health specialists to
        study the effects of radiation on the human body;
            (4) at the time of such experiments and in the years
        following the experiments, the Federal Government failed to
        inform the individuals tested, or their families, about the
        nature and effects of the tests;
            (5) the Federal Government has harmed the subjects of such
        radiation experiments;
            (6) the Congress presumes that the exposure to radiation of
        the subjects of such experiments has generated an excess of
        cancers and other debilitating diseases and health problems for
        such subjects;
            (7) the Federal Government should recognize that the lives
        and health of the innocent individuals who were the subjects of
        such experiments were put at risk by the individuals' unknowing
        and involuntary participation in radiation experiments; and
            (8) the Federal Government should assume responsibility for
        the harm caused by its actions regarding the experiments.
    (b) Purpose.--It is the purpose of this Act to establish a
procedure to make partial restitution to the individuals described in
subsection (a) for the burdens they have borne for the Nation as a
whole, although monetary compensation can never fully compensate them.
    (c) Apology.--The Congress apologizes on behalf of the Nation to
the individuals described in subsection (a) and their families for the
hardships they have endured because of the experiments described in
subsection (a).

SEC. 3. TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Radiation
Experimentation Compensation Trust Fund'' (in this Act referred to as
the ``Fund''), which shall be administered by the Secretary of the
Treasury.
    (b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to and become a part of the Fund.
    (c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Attorney General under section 5.
    (d) Termination.--
            (1) Time of termination.--The Fund shall terminate not
        later than the earlier of--
                    (A) the date on which the amount authorized to be
                appropriated to the Fund by subsection (e), and any
                income earned on such amount, have been expended from
                the Fund; or
                    (B) 22 years after the date of the enactment of
                this Act.
            (2) Amounts remaining in fund.--At the end of the 22-year
        period referred to in paragraph (1)(B), if all of the amounts
        in the Fund have not been expended, investments of amounts in
        the Fund shall be liquidated, the receipts of such liquidation
        shall be deposited in the Fund, and all funds remaining in the
        Fund shall be deposited in the miscellaneous receipts account
        in the Treasury.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $2,500,000. Any amount appropriated pursuant
to this subsection is authorized to remain available until expended.

SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT.

    (a) In General.--Any individual who, without the individual's
informed consent, was intentionally injected with plutonium or
zirconium, or exposed to total body radiation, as a subject in an
experiment of the Federal Government at any time during the period
beginning on January 1, 1940, and ending on December 31, 1974, shall
receive $50,000 if--
            (1) a claim for such payment is filed with the Attorney
        General by or on behalf of such individual; and
            (2) the Attorney General determines, in accordance with
        section 5(b), that the claim meets the requirements of this
        Act.
    (b) Definitions.--For purposes of this section:
            (1) The term ``experiment'' means a test or other action
        that is conducted primarily for research purposes to determine
        the effect of exposure to radiation on the human body.
            (2) The term ``Federal Government'' means--
                    (A) the legislative, judicial, or executive branch
                of the government of the United States, or any agency
                or instrumentality of such a branch;
                    (B) any person or entity whose actions regarding an
                experiment under which humans were injected with
                plutonium or zirconium, or exposed to total body
                radiation, were funded in any manner, approved,
                authorized, supervised, or contracted for, by an entity
                referred to in subparagraph (A); or
                    (C) any person or entity that was funded in any
                manner, approved, authorized, supervised, or contracted
                with, wholly or partially, by an entity referred to in
                subparagraph (A) during a time period in which an
                entity referred to in subparagraph (A) had knowledge
                that such person or entity was conducting any
                experiment under which humans were injected with
                plutonium or zirconium, or exposed to total body
                radiation.
            (3) The term ``informed consent'' means consent by an
        individual (or the individual's parent or legal guardian, in
        the case of an individual who was a minor or was incompetent at
        the relevant time), to the individual's participation in an
        experiment, after a full disclosure of the nature and purpose
        of the experiment and its possible consequences that was
        sufficient to allow the individual (or the individual's parent
        or legal guardian, in the case of an individual who was a minor
        or was incompetent at the relevant time) to intelligently
        exercise judgment to decide whether the individual should
        participate in the experiment.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Establishment of Filing Procedures.--The Attorney General shall
establish procedures under which individuals may submit claims for
payments under this Act.
    (b) Determination of Claims.--For each claim filed under this Act,
the Attorney General shall determine whether the claim meets the
requirements of section 4(a).
    (c) Payment of Claims.--
            (1) In general.--The Attorney General shall pay, from
        amounts available in the Fund, each claim that the Attorney
        General determines meets the requirements of this Act.
            (2) Offset of payment.--
                    (A) Offset of payment made under this Act.--A
                payment under this Act to or on behalf of an individual
                described in section 4(a) shall be offset by the amount
                of any payment made to or on behalf of the individual
                pursuant to a final award or settlement on a claim
                (other than a claim for worker's compensation) against
                any person, that is based on the individual's
                participation in an experiment that is the basis for
                the payment under this Act, including any payment under
                the Radiation Exposure Compensation Act (42 U.S.C. 2210
                note).
                    (B) Offset of payment made under radiation exposure
                compensation act.--For purposes of section 6(c)(2) of
                the Radiation Exposure Compensation Act (42 U.S.C. 2210
                note), a payment made under this Act shall be
                considered to be a final award or settlement on a claim
                described in subparagraphs (A) and (B) of such section.
            (3) Right of subrogation.--Upon payment of a claim under
        this section, the Federal Government is subrogated, for the
        amount of the payment, to any right or claim that the
        individual to whom the payment was made may have against any
        person on account of participation in an experiment that is the
        basis for the payment made under this Act.
            (4) Payments in case of deceased persons.--
                    (A) In general.--In the case of an individual who
                is deceased at the time of payment under this section,
                such payment may be made only as follows:
                            (i) If the individual is survived by a
                        spouse who is living at the time of payment,
                        such payment shall be made to such surviving
                        spouse.
                            (ii) If the individual is not survived by a
                        spouse described in clause (i), such payment
                        shall be made in equal shares to the children
                        of the individual who are living at the time of
                        payment.
                            (iii) If the individual is not survived by
                        a person described in clause (i) or (ii), such
                        payment shall be made in equal shares to the
                        parents of the individual who are living at the
                        time of payment.
                            (iv) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (iii), such payment shall be made in equal
                        shares to the grandchildren of the individual
                        who are living at the time of payment.
                            (v) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (iv), such payment shall be made in equal
                        shares to the siblings of the individual who
                        are living at the time of payment.
                            (vi) If the individual is not survived by a
                        person described in any of clauses (i) through
                        (v), then such payment shall be made in equal
                        shares to the grandparents of the individual
                        who are living at the time of payment.
                    (B) Filing of claim by survivor.--If an individual
                eligible for payment under this Act dies before filing
                a claim under this Act, a survivor of the individual
                who may receive payment under subparagraph (A) may file
                a claim for such payment on the individual's behalf.
                    (C) Definitions.--For purposes of this paragraph:
                            (i) The term ``child'' includes a
                        recognized natural child, a stepchild who lived
                        with an individual in a regular parent-child
                        relationship, and an adopted child.
                            (ii) The term ``grandchild of the
                        individual'' means a child of a child of the
                        individual.
                            (iii) The term ``grandparent of the
                        individual'' means a parent of a parent of the
                        individual.
                            (iv) The term ``parent'' includes fathers
                        and mothers through adoption.
                            (v) The term ``sibling of the individual''
                        means a child of the parent or parents of the
                        individual.
                            (vi) The term ``spouse'' means a person who
                        was married to the relevant individual for at
                        least the 12 months immediately preceding the
                        death of the individual.
    (d) Action on Claims.--Within 18 months after the filing of any
claim under this Act--
            (1) the Attorney General shall make the determination
        required by subsection (b) regarding the claim; and
            (2) if the claim is determined to meet the requirements of
        section 4(a), the Attorney General shall make the payment
        required by subsection (c)(1).
    (e) Settlement in Full of Claims Against United States.--Payment
under this Act, when accepted by an individual, or the individual's
survivors, shall be in full satisfaction of all claims of or on behalf
of the individual against the United States that arise out of the
participation in the experiment that is the basis for the payment made
under this Act.
    (f) Administrative Costs Not Deducted From Payment.--No costs
incurred by the Attorney General in carrying out this Act may be paid
from, set off against, or otherwise deducted from any payment made
under subsection (c)(1).
    (g) Termination of Duties of Attorney General.--The duties of the
Attorney General under this section shall cease when the Fund
terminates.
    (h) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
            (1) shall be treated for purposes of the internal revenue
        laws of the United States as damages for human suffering; and
            (2) shall not be considered as income or resources for
        purposes of determining the individual's eligibility to receive
        benefits described in section 3803(c)(2)(C) of title 31, United
        States Code, or the amount of such benefits.
    (i) Use of Existing Resources.--The Attorney General should, to the
extent available, use funds and resources available to the Attorney
General to carry out the Attorney General's functions under this Act.
    (j) Regulatory Authority.--The Attorney General may issue
regulations necessary to carry out this Act.
    (k) Issuance of Regulations and Procedures.--The initial
regulations and procedures to carry out this Act shall be issued not
later than 120 days after the date of the enactment of this Act.
    (l) Judicial Review.--An individual whose claim for compensation
under this Act is denied may seek initial judicial review solely in a
district court of the United States. The court shall review the denial
on the administrative record and shall hold unlawful and set aside the
denial if it is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law. Such an individual may appeal the
decision of the district court to the appropriate higher Federal
courts.

SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.

    No claim under this Act shall be assignable or transferable.

SEC. 7. LIMITATION ON CLAIMS.

    An individual, or the individual's survivors, may not receive
payment under section 5(c)(1) unless a claim by or on behalf of the
individual is filed under this Act within 20 years after the date of
the enactment of this Act.

SEC. 8. ATTORNEY OR AGENT FEES.

    The agent, attorney, or other representative of an individual or of
an individual's survivor may not receive, for services rendered in
connection with a claim made under this Act, an amount equal to more
than 10 percent of the payment made under this Act on such claim. Any
person who violates this section shall be guilty of an infraction and
shall be subject to a fine in the amount provided in title 18, United
States Code.

SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.

    A payment made under section 5(c)(1) shall not be considered a form
of compensation, or reimbursement for a loss, for purposes of imposing
liability on the individual who receives the payment to repay any
insurance carrier for insurance payments, or to repay any person on
account of worker's compensation payments. A payment under this Act
shall not affect any claim against an insurance carrier with respect to
insurance, or against any person with respect to worker's compensation.

SEC. 10. BUDGET COMPLIANCE.

    No authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year except to such extent or
in such amounts as are provided in advance in appropriations Acts.

Summary: Radiation Experimentation Compensation Act of 1995 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result. Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally injected with plutonium or zirconium, or exposed to total body radiation, without their informed consent. Authorizes appropriations. Directs the Attorney General to establish procedures for the submission of claims and for payment from amounts in the Fund of each claim meeting the requirements of this Act. Provides for payments in cases of deceased experimental subjects. States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment. Provides that a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to workers' compensation. Provides for judicial review of denied claims. Establishes a time limit for the filing of claims of 20 years after enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ozone National Ambient Air Quality
Standard Deadline Harmonization Act of 2015''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Ozone precursor emissions have been reduced by over 50
        percent since 1980, resulting in a 33-percent improvement of
        ozone air quality. The Environmental Protection Agency projects
        this improvement will continue even under rules and programs
        already in place.
            (2) States are just beginning to implement the 2008 ozone
        standards, for which the Environmental Protection Agency
        published State implementation plan requirements on February
        13, 2015. Notwithstanding this delayed implementation of the
        2008 ozone standards, the Environmental Protection Agency
        published the 2015 ozone standards on October 26, 2015.
            (3) With publication of the 2015 ozone standards so early
        in the implementation of the 2008 ozone standards, States face
        the prospect of simultaneously implementing two national
        ambient air quality standards for ozone.
            (4) In addition, counties face severe statutorily imposed
        consequences if designated as nonattainment or for failing to
        meet attainment deadlines, even if those counties would
        ultimately achieve attainment with no further action.
            (5) If the 2008 and 2015 ozone standards implementation
        schedules are not harmonized, already strained State resources
        will be burdened by overlapping implementation schedules, and
        counties that are projected to achieve necessary air quality
        improvements will face significant and permanent sanctions.

SEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION.

    (a) Designation Submission.--Not later than October 26, 2024, the
Governor of each State shall designate in accordance with section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions
thereof) of the Governor's State as attainment, nonattainment, or
unclassifiable with respect to the 2015 ozone standards.
    (b) Designation Promulgation.--Not later than October 26, 2025, the
Administrator shall promulgate final designations under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States
with respect to the 2015 ozone standards, including any modifications
to the designations submitted under subsection (a).
    (c) State Implementation Plans.--Not later than October 26, 2026,
notwithstanding the deadline specified in section 110(a)(1) of the
Clean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan
required by such section 110(a)(1) for the 2015 ozone standards.

SEC. 4. CERTAIN PRECONSTRUCTION PERMITS.

    (a) In General.--The 2015 ozone standards shall not apply to the
review and disposition of a preconstruction permit application if--
            (1) the Administrator or the State, local, or tribal
        permitting authority, as applicable, determines the application
        to be complete on or before the date of promulgation of final
        designations under section 3(b); or
            (2) the Administrator or the State, local, or tribal
        permitting authority, as applicable, publishes a public notice
        of a preliminary determination or draft permit for the
        application before the date that is 60 days after the date of
        promulgation of final designations under section 3(b).
    (b) Rules of Construction.--Nothing in this section shall be
construed to--
            (1) eliminate the obligation of a preconstruction permit
        applicant to install best available control technology and
        lowest achievable emissions rate technology, as applicable; or
            (2) limit the authority of a State, local, or tribal
        permitting authority to impose more stringent emissions
        requirements pursuant to State, local, or tribal law than
        Federal national ambient air quality standards established by
        the Environmental Protection Agency.

SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE.

    (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1)
and (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d))
are amended by striking ``five-year intervals'' each place it appears
and inserting ``ten-year intervals''.
    (b) Cycle for Next Review of Ozone Criteria and Standards.--
Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C.
7409(d)), the Administrator of the Environmental Protection Agency
shall not--
            (1) complete, before October 26, 2025, any review of the
        criteria for ozone published under section 108 of such Act (42
        U.S.C. 7408) or the national ambient air quality standard for
        ozone promulgated under section 109 of such Act (42 U.S.C.
        7409); or
            (2) propose, before such date, any revisions to such
        criteria or standards.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``2008 ozone standards'' means the national
        ambient air quality standards for ozone published in the
        Federal Register on March 27, 2008 (73 Fed. Reg. 16436).
            (2) The term ``2015 ozone standards'' means the national
        ambient air quality standards for ozone published in the
        Federal Register on October 26, 2015 (80 Fed. Reg. 65292).
            (3) The term ``Administrator'' means the Administrator of
        the Environmental Protection Agency.
            (4) The term ``best available control technology'' has the
        meaning given to that term in section 169(3) of the Clean Air
        Act (42 U.S.C. 7479(3)).
            (5) The term ``lowest achievable emissions rate'' has the
        meaning given to that term in section 171(3) of the Clean Air
        Act (42 U.S.C. 7501(3)).
            (6) The term ``preconstruction permit''--
                    (A) means a permit that is required under part C or
                D of title I of the Clean Air Act (42 U.S.C. 7470 et
                seq.) for the construction or modification of a major
                emitting facility or major stationary source; and
                    (B) includes any such permit issued by the
                Environmental Protection Agency or a State, local, or
                tribal permitting authority.

Summary: Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 This bill delays the implementation of the Environmental Protection Agency's (EPA) 2015 national ambient air quality standards (NAAQS) for ozone issued under the Clean Air Act. Each state must designate all of its areas as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards by October 26, 2024. The EPA must promulgate final designations for those areas by October 26, 2025. States must submit a state implementation plan for the 2015 ozone standards by October 26, 2026. The 2015 ozone standards do not apply to the review and disposition of an application for a preconstruction permit for the construction or modification of a major emitting facility or major stationary source if: (1) the application is completed before final designations under the Clean Air Act, or (2) the applicable permitting authority publishes a public notice of a preliminary determination or draft permit for the application before a certain date. The bill changes the interval by which the EPA must review its NAAQS for criteria pollutants from a 5-year review cycle to a 10-year review cycle. The EPA must not complete any review of ozone criteria or its ozone NAAQS before October 26, 2025, or propose any revisions to them.