SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Jobs Act of 2015''.

SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.

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

``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.

    ``(a) General Rule.--For purposes of section 38, in the case of an
eligible small employer, the small employer hiring credit determined
under this section for any taxable year is the amount determined under
subsection (b).
    ``(b) Small Employer Hiring Credit Amount.--The amount determined
under this subsection for a taxable year with respect to a qualified
small employer is the product of--
            ``(1) the tax rate in effect under section 3111(a) for the
        calendar year in which such taxable year ends, multiplied by
            ``(2) the wages paid by the qualified small employer with
        respect to employment of all covered employees during the
        taxable year.
    ``(c) Qualified Employer.--For purposes of this subsection--
            ``(1) In general.--The term `qualified small employer'
        means with respect to any calendar year, an employer who--
                    ``(A) has a place of business in a county with an
                annual unemployment rate for the preceding calendar
                year of at least one percentage point greater than the
                national annual unemployment rate for the preceding
                calendar year, and
                    ``(B) who on no business day of the preceding
                calendar year employed less than 2, or more than 100,
                employees.
            ``(2) Employers not in existence in preceding year.--In the
        case of an employer which was not in existence throughout the
        preceding calendar year, the determination of whether such
        employer is a small employer shall be based on the number of
        employees that it is reasonably expected such employer will
        employ on business days in the current calendar year.
            ``(3) Special rules.--For purposes of this subsection--
                    ``(A) Predecessor and successor.--Any reference in
                this paragraph to an employer shall include a reference
                to any predecessor of, or successor to, such employer.
                    ``(B) Aggregation rule.--All persons treated as a
                single employer under subsection (b), (c), (m), or (o)
                of section 414 shall be treated as one employer.
                    ``(C) Governmental employers not included.--The
                term `employer' does not include the United States, any
                State, or any political subdivision thereof, or any
                instrumentality of the foregoing.
                    ``(D) Determination of unemployment rate.--The
                unemployment rate shall be the rate determined by the
                Bureau of Labor Statistics.
            ``(4) Credit applies for only 1 year.--If an election to
        claim the credit under this section is in effect for any
        calendar year, paragraph (1) shall not apply to such employer
        for any year after such calendar year.
    ``(d) Covered Employee.--For purposes of this subsection--
            ``(1) In general.--The term `covered employee' means, with
        respect to any week, is an employee who--
                    ``(A) first begins work for the employer for
                services performed by the employee--
                            ``(i) in a trade or business of such
                        qualified small employer, or
                            ``(ii) in the case of a qualified small
                        employer exempt from tax under section 501(a),
                        in furtherance of the activities related to the
                        purpose or function constituting the basis of
                        the employer's exemption under section 501, and
                    ``(B) is employed on average at least 30 hours of
                service per week.
            ``(2) Limitation to 5 employees.--An employer may not treat
        more than 5 employees as covered employees.
            ``(3) Hours of service.--The Secretary, in consultation
        with the Secretary of Labor, shall prescribe such regulations,
        rules, and guidance as may be necessary to determine the hours
        of service of an employee, including rules for the application
        of this paragraph to employees who are not compensated on an
        hourly basis.
    ``(e) Credit Made Available to Tax-Exempt Eligible Small
Employers.--
            ``(1) In general.--In the case of a tax-exempt eligible
        small employer, there shall be treated as a credit allowable
        under subpart C (and not allowable under this subpart) the
        amount of the credit determined under this section with respect
        to such employer.
            ``(2) Tax-exempt eligible small employer.--For purposes of
        this section, the term `tax-exempt eligible small employer'
        means an eligible small employer which is any organization
        described in section 501(c) which is exempt from taxation under
        section 501(a).
    ``(f) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter with respect to the
amount of the credit determined under this section.
    ``(g) 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.
    ``(h) Termination.--This section shall not apply with respect to
wages paid after December 31, 2017.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (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 inserting after paragraph (36) the following:
            ``(37) the small employer small employer hiring credit
        determined under section 45S.''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:

``Sec. 45S. Certain individuals hired by a small employer.''.
    (d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2015.

Summary: Small Business Jobs Act of 2015 This bill amends the Internal Revenue Code to allow a qualified small employer a business-related tax credit for the cost of hiring up to 5 new employees who work for such employer, on average, at least 30 hours per week. The bill defines quot, qualified small employerquot. As an employer who: (1) has a place of business in a county with an annual unemployment rate that is at least 1 greater than the national rate for the preceding calendar year. And (2) did not employ fewer than 2, or more than 100, employees in the preceding calendar year. The bill allows an employer who is a tax-exempt organization to claim such credit. The credit is not available for wages paid after December 31, 2017.

Small Business Jobs Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Distributed Energy Grid
Integration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) research by the Secretary of Energy and the
        Administrator of the Environmental Protection Agency has found
        that clean distributed energy technologies can create important
        values for both the host facility and the electric grid
        operator;
            (2) the values described in paragraph (1) can include, for
        the host facility--
                    (A) energy bill savings;
                    (B) additional revenue from offering ancillary
                services to the electric grid operator;
                    (C) increased electric reliability in the event of
                grid outages; and
                    (D) improved electric power quality;
            (3) the values described in paragraph (1) can include, for
        the electric grid operator--
                    (A) avoiding the need for transmission and
                distribution upgrade investments;
                    (B) enhanced grid stability by providing reactive
                power;
                    (C) voltage and frequency stabilization; and
                    (D) more reliable and stable operation of the grid
                by providing dispatchable energy to the grid during
                periods of insufficient capacity or supply; and
            (4) new advances in intelligent sensing and simulation and
        control technologies offer the potential to enhance the
        benefits of clean distributed generation to both the host
        facility and the electric grid operator from dynamic, adaptive,
        and anticipatory response to changing grid conditions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ancillary service.--The term ``ancillary service''
        means those services necessary to support the transmission of
        electric power from seller to purchaser given the obligations
        of control areas and transmitting utilities within those
        control areas to maintain reliable operations of the
        interconnected transmission system.
            (2) Clean distributed energy.--The term ``clean distributed
        energy'' means energy technologies that are located on the
        customer site operating on the customer side of the electric
        meter and are interconnected with the electric grid.
            (3) Combined heat and power technology.--The term
        ``combined heat and power technology'' means the generation of
        electric energy and heat in a single, integrated system that
        meets the efficiency criteria in clauses (ii) and (iii) of
        section 48(c)(3)(A) of the Internal Revenue Code of 1986, under
        which heat that is conventionally rejected is recovered and
        used to meet thermal energy requirements.
            (4) Energy storage.--The term ``energy storage'' means
        technologies that store electric energy and are able to
        discharge on demand to meet customer or grid needs for electric
        energy.
            (5) Fuel cell.--The term ``fuel cell'' means a device that
        produces electric energy directly from a chemical reaction.
            (6) Grid.--The term ``grid'' means the electric grid that
        is composed on both distribution and transmission lines, and
        associated facilities, including substations, sensors, and
        operational controls.
            (7) Intelligence.--The term ``intelligence'' means any
        devices or technologies that manifest adaptive, anticipatory,
        and dynamic optimization behavior.
            (8) Qualified waste heat resource.--
                    (A) In general.--The term ``qualified waste heat
                resource'' means--
                            (i) exhaust heat or flared gas from any
                        industrial process;
                            (ii) waste gas or industrial tail gas that
                        would otherwise be flared, incinerated, or
                        vented;
                            (iii) a pressure drop in any gas for an
                        industrial or commercial process; or
                            (iv) any other form of waste heat resource,
                        as determined by the Secretary.
                    (B) Exclusion.--The term ``qualified waste heat
                resource'' does not include a heat resource from a
                process the primary purpose of which is the generation
                of electricity using a fossil fuel.
            (9) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (10) Waste heat to power technology.--The term ``waste heat
        to power technology'' means a system that generates electricity
        through the recovery of a qualified waste heat resource.

SEC. 4. RESEARCH AND DEPLOYMENT PLAN FOR ENHANCED INTEGRATION OF CLEAN
              DISTRIBUTED ENERGY WITH THE GRID.

    (a) In General.--The Secretary shall carry out efforts for
advancing the integration of clean distributed energy into electric
grids.
    (b) Study and Report on the Status of Grid Integration.--
            (1) In general.--In carrying out the efforts under
        subsection (a) and not later than 180 days after the date of
        enactment of this Act, the Secretary shall conduct a study on
        the status of integration of clean distributed energy into the
        grid, identifying any issues that require additional research
        or regulatory development.
            (2) Inclusions.--In conducting the study under paragraph
        (1), the Secretary shall--
                    (A) identify and quantify the benefits to all
                stakeholders of expanded integration of clean
                distributed energy resources into the grid;
                    (B) identify any technical issues that require
                research to identify solutions; and
                    (C) identify any regulatory barriers that inhibit
                the expanded integration of clean distributed energy
                resources into the grid.
            (3) Report.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall submit to Congress a
        report describing the results of the study conducted under
        paragraph (1).
            (4) Funding.--The Secretary shall use unobligated funds of
        the Department of Energy to carry out this subsection.
    (c) Research Into the Technical Barriers to the Integration of
Clean Distributed Energy With the Grid.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall--
                    (A) issue a solicitation for research proposals to
                address the technical barriers identified in the report
                submitted under subsection (b)(3); and
                    (B) make grants to those applicants with research
                proposals selected by the Secretary in accordance with
                paragraph (2).
            (2) Criteria.--The Secretary shall select research
        proposals to receive a grant under this subsection on the basis
        of merit, using criteria identified by the Secretary, including
        the likelihood that the research results will address critical
        barriers identified by the Secretary.
            (3) Funding.--Beginning in the first full fiscal year
        following the date of enactment of this Act, and annually
        thereafter for 2 years, the Secretary may request funding as
        necessary to carry out this subsection, but in no case shall
        funding exceed $5,000,000 in any 1 fiscal year.
    (d) Creation of a Stakeholder Working Group.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall convene a working
        group (referred to in this subsection as the ``Group'') to
        address regulatory barriers to deployment of intelligent grid
        integration of clean distributed energy technologies.
            (2) Purpose.--The purpose of the Group is to provide
        guidance on how to address the technical, regulatory and
        economic factors that limit widespread integration of grid-
        level clean distributed energy use in order to advance the
        integration of clean distributed energy into electric grids.
            (3) Membership.--
                    (A) In general.--The Group shall be composed of
                representatives of all groups determined by the
                Secretary to have a material interest in the
                development, implementation, siting, and integration of
                clean distributed energy technology or systems into the
                electric grid.
                    (B) Criteria.--Members shall be selected--
                            (i) from representatives that apply as a
                        result of a public announcement from the
                        Secretary; and
                            (ii) by the Secretary based on
                        qualifications and balance of interests
                        represented by the selected individuals.
            (4) Duties.--The duties of the Group shall be--
                    (A) to review the regulatory barriers identified in
                the report prepared by the Secretary under subsection
                (b)(3);
                    (B) to identify any additional regulatory barriers
                that inhibit the installation of distributed energy;
                and
                    (C) to recommend to the Secretary any actions that
                should be undertaken to remove these barriers.
            (5) Report.--Not later than 3 years after the date of
        enactment of this Act, the Secretary shall prepare and submit
        to Congress a report based on the recommendations of the Group
        under paragraph (4)(C), to be made publicly available.
            (6) Funding.--The Secretary may request funding as
        necessary to carry out this subsection, but in no case shall
        funding exceed $2,000,000 in any 1 fiscal year.
    (e) Demonstrations of Intelligent Grid Integration of Clean
Distributed Energy Systems.--
            (1) In general.--Based on the findings in the reports
        conducted under this section and not later than 3 years after
        the date of enactment of this Act, the Secretary shall issue a
        solicitation for demonstration of integration of distributed
        energy resources into the grid.
            (2) Eligible entities.--Any individual entity or group of
        entities may submit to the Secretary proposals for
        demonstration projects based on the solicitation described in
        paragraph (1), including--
                    (A) State and local agencies;
                    (B) public institutions;
                    (C) private companies;
                    (D) electric utilities; and
                    (E) equipment manufacturers.
            (3) Grants authorized.--The Secretary may make grants, in
        amounts not to exceed a total of $5,000,000, to eligible
        entities to carry out demonstration projects, to be selected
        based on--
                    (A) the technical merits of the demonstration
                project;
                    (B) the likelihood that the demonstration project
                will address critical barriers identified by the
                Secretary under this section; and
                    (C) the share of non-Federal funds for the
                demonstration project.
            (4) Funding.--Beginning in the third full fiscal year
        following the date of enactment of this Act, and annually
        thereafter for 3 years, the Secretary may request funding as
        necessary to carry out this subsection, but in no case shall
        funding exceed $15,000,000 in any 1 fiscal year.
    (f) Report.--The Secretary annually shall submit to Congress a
report that--
            (1) describes the progress made in carrying out this
        section; and
            (2) identifies any technical or regulatory issues that
        require legislative action.

Summary: Clean Distributed Energy Grid Integration Act This bill directs the Department of Energy (DOE) to: (1) study the status of integration of clean distributed energy into electric grids, (2) identify issues requiring additional research or regulatory development, and (3) make grants for research proposals that address technical barriers identified in the study. quot, Clean distributed energyquot. Means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid. DOE shall convene a stakeholder working group to: address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies. And provide guidance on how to address the technical, regulatory, and economic factors that limit widespread integration of grid-level clean distributed energy use in order to advance the integration of such energy into electric grids. DOE may make grants to implement integration demonstration projects, based on study findings, to state and local agencies, public institutions, private companies, electric utilities, and equipment manufacturers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2007''.

SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 618. Deceptive practices in Federal elections
    ``(a) Whoever, before or during a Federal election knowingly
communicates election-related information about that election, knowing
that information to be false, with the intent to prevent another person
from exercising the right to vote in that election, or attempts to do
so, shall be fined under this title or imprisoned not more than 5
years, or both.
    ``(b) As used in this section--
            ``(1) the term `Federal election' means any general,
        primary, run-off, or special election for the office of
        President, Vice President, presidential elector, Member of the
        Senate, Member of the House of Representatives, or Delegate or
        Commissioner from a territory or possession; and
            ``(2) the term `election related information' means
        information regarding--
                    ``(A) the time, place, or manner of conducting the
                election;
                    ``(B) the qualifications for or restrictions on
                voter eligibility for the election, including--
                            ``(i) any criminal penalties associated
                        with voting in the election; or
                            ``(ii) information regarding a voter's
                        registration status or eligibility;
                    ``(C) with respect to a closed primary election,
                the political party affiliation of any candidate for
                office, if the communication of the information also
                contains false information described in subparagraph
                (A) or (B); or
                    ``(D) the explicit endorsement by any person or
                organization of a candidate running for any office
                voted on in the election.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:

``618. Deceptive practices in Federal elections.''.

SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.

    Section 594 of title 18, United States Code, is amended by striking
``one year'' and inserting ``5 years''.

SEC. 4. SENTENCING GUIDELINES.

    (a) Review and Amendment.--Not later than 90 days after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under
sections of title 18, United States Code, that are added or modified by
this Act.
    (b) Authorization.--The United States Sentencing Commission may,
for the purposes of the amendments made pursuant to this section, amend
the Federal sentencing guidelines in accordance with the procedures set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had not expired.

SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION.

    (a) Reporting.--Any person may report to the Attorney General any
violation or possible violation of section 594 or 618 of title 18,
United States Code.
    (b) Corrective Action.--
            (1) In general.--Immediately after receiving a report under
        subsection (a), the Attorney General shall consider and review
        such report and, if the Attorney General determines that there
        is a reasonable basis to find that a violation has occurred,
        the Attorney General shall--
                    (A) undertake all effective measures necessary to
                provide correct information to voters affected by the
                false information; and
                    (B) refer the matter to the appropriate Federal and
                State authorities for criminal prosecution or civil
                action after the election.
            (2) Regulations.--
                    (A) In general.--The Attorney General shall
                promulgate regulations regarding the methods and means
                of corrective actions to be taken under paragraph (1).
                Such regulations shall be developed in consultation
                with the Election Assistance Commission, civil rights
                organizations, voting rights groups, State and local
                election officials, voter protection groups, and other
                interested community organizations.
                    (B) Study.--
                            (i) In general.--The Attorney General, in
                        consultation with the Federal Communications
                        Commission and the Election Assistance
                        Commission, shall conduct a study on the
                        feasibility of providing the corrective
                        information under paragraph (1) through public
                        service announcements, the emergency alert
                        system, or other forms of public broadcast.
                            (ii) Report.--Not later than 180 days after
                        the date of the enactment of this Act, the
                        Attorney General shall submit to Congress a
                        report detailing the results of the study
                        conducted under clause (i).
            (3) Publicizing remedies.--The Attorney General shall make
        public through the Internet, radio, television, and newspaper
        advertisements information on the responsibilities, contact
        information, and complaint procedures applicable under this
        section.
    (c) Reports to Congress.--
            (1) In general.--Not later than 90 days after any primary,
        general, or run-off election for Federal office, the Attorney
        General shall submit to Congress a report compiling and
        detailing any allegations of false information submitted
        pursuant to subsection (a) and relating to such election.
            (2) Contents.--Each report submitted under paragraph (1)
        shall include--
                    (A) detailed information on specific allegations of
                deceptive tactics;
                    (B) statistical compilations of how many
                allegations were made and of what type;
                    (C) the geographic locations of and the populations
                affected by the alleged deceptive information;
                    (D) the status of the investigations of such
                allegations;
                    (E) any corrective actions taken in response to
                such allegations;
                    (F) the rationale used for any corrective actions
                or for any refusal to pursue an allegation;
                    (G) the effectiveness of any such corrective
                actions;
                    (H) whether a Voting Integrity Task Force was
                established with respect to such election, and, if so,
                how such task force was staffed and funded;
                    (I) any referrals of information to other Federal,
                State, or local agencies;
                    (J) any suit instituted under section 2004(b)(2) of
                the Revised Statutes (42 U.S.C. 1971(b)(2)) in
                connection with such allegations; and
                    (K) any criminal prosecution instituted under title
                18, United States Code, in connection with such
                allegations.
            (3) Report made public.--On the date that the Attorney
        General submits the report required under paragraph (1), the
        Attorney General shall also make the report publicly available
        through the Internet and other appropriate means.
    (d) Delegation of Duties.--
            (1) In general.--The Attorney General shall delegate the
        responsibilities under this section to a Voting Integrity Task
        Force established under paragraph (2).
            (2) Voting integrity task force.--
                    (A) In general.--The Attorney General shall
                establish a Voting Integrity Task Force to carry out
                the requirements of this section with respect to any
                general, primary, run-off, or special election for
                Federal office.
                    (B) Composition.--Any Voting Integrity Task Force
                established under paragraph (1) shall be under the
                direction of the Assistant Attorney General for the
                Civil Rights Division and the Assistant Attorney
                General for the Criminal Division, jointly.
    (e) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a territory or
possession of the United States.

            Passed the House of Representatives June 25, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the federal criminal code to make it unlawful for anyone before or during a federal election to knowingly communicate, or attempt to communicate, false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters. Directs the US Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act. Authorizes any person to report to the Attorney General false election information or intimidation of voters. Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that a violation has occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information. And (2) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election. Directs the Attorney General to study and report to Congress on the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. Requires the Attorney General to establish a Voting Integrity Task Force to carry out the requirements of this Act with respect to any general, primary, run-off, or special election for federal office.

To amend title 18, United States Code, to prohibit certain deceptive practices in Federal elections, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Cap Liquidity Reform Act of
2014''.

SEC. 2. LIQUIDITY PILOT PROGRAM FOR SECURITIES OF CERTAIN EMERGING
              GROWTH COMPANIES.

    (a) In General.--Section 11A(c)(6) of the Securities Exchange Act
of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows:
    ``(6) Liquidity Pilot Program for Securities of Certain Emerging
Growth Companies.--
            ``(A) Quoting increment.--Beginning on the date that is 90
        days after the date of the enactment of the Small Cap Liquidity
        Reform Act of 2014, the securities of a covered emerging growth
        company shall be quoted using--
                    ``(i) a minimum increment of $0.05; or
                    ``(ii) if, not later than 60 days after such date
                of enactment, the company so elects in the manner
                described in subparagraph (D)--
                            ``(I) a minimum increment of $0.10; or
                            ``(II) the increment at which such
                        securities would be quoted without regard to
                        the minimum increments established under this
                        paragraph.
            ``(B) Trading increment.--In the case of a covered emerging
        growth company the securities of which are quoted at a minimum
        increment of $0.05 or $0.10 under this paragraph, the
        Commission shall determine the increment at which the
        securities of such company are traded.
            ``(C) Future right to opt out or change minimum
        increment.--
                    ``(i) In general.--At any time beginning on the
                date that is 90 days after the date of the enactment of
                the Small Cap Liquidity Reform Act of 2014, a covered
                emerging growth company the securities of which are
                quoted at a minimum increment of $0.05 or $0.10 under
                this paragraph may elect in the manner described in
                subparagraph (D)--
                            ``(I) for the securities of such company to
                        be quoted at the increment at which such
                        securities would be quoted without regard to
                        the minimum increments established under this
                        paragraph; or
                            ``(II) to change the minimum increment at
                        which the securities of such company are quoted
                        from $0.05 to $0.10 or from $0.10 to $0.05.
                    ``(ii) When election effective.--An election under
                this subparagraph shall take effect on the date that is
                30 days after such election is made.
                    ``(iii) Single election to change minimum
                increment.--A covered emerging growth company may not
                make more than one election under clause (i)(II).
            ``(D) Manner of election.--
                    ``(i) In general.--An election is made in the
                manner described in this subparagraph by informing the
                Commission of such election.
                    ``(ii) Notification of exchanges and other trading
                venues.--Upon being informed of an election under
                clause (i), the Commission shall notify each exchange
                or other trading venue where the securities of the
                covered emerging growth company are quoted or traded.
            ``(E) Issuers ceasing to be covered emerging growth
        companies.--
                    ``(i) In general.--If an issuer the securities of
                which are quoted at a minimum increment of $0.05 or
                $0.10 under this paragraph ceases to be a covered
                emerging growth company, the securities of such issuer
                shall be quoted at the increment at which such
                securities would be quoted without regard to the
                minimum increments established under this paragraph.
                    ``(ii) Exceptions.--The Commission may by
                regulation, as the Commission considers appropriate,
                specify any circumstances under which an issuer shall
                continue to be considered a covered emerging growth
                company for purposes of this paragraph after the issuer
                ceases to meet the requirements of subparagraph (L)(i).
            ``(F) Securities trading below $1.--
                    ``(i) Initial price.--
                            ``(I) At effective date.--If the trading
                        price of the securities of a covered emerging
                        growth company is below $1 at the close of the
                        last trading day before the date that is 90
                        days after the date of the enactment of the
                        Small Cap Liquidity Reform Act of 2014, the
                        securities of such company shall be quoted
                        using the increment at which such securities
                        would be quoted without regard to the minimum
                        increments established under this paragraph.
                            ``(II) At ipo.--If a covered emerging
                        growth company makes an initial public offering
                        after the day described in subclause (I) and
                        the first share of the securities of such
                        company is offered to the public at a price
                        below $1, the securities of such company shall
                        be quoted using the increment at which such
                        securities would be quoted without regard to
                        the minimum increments established under this
                        paragraph.
                    ``(ii) Average trading price.--If the average
                trading price of the securities of a covered emerging
                growth company falls below $1 for any 90-day period
                beginning on or after the day before the date of the
                enactment of the Small Cap Liquidity Reform Act of
                2014, the securities of such company shall, after the
                end of such period, be quoted using the increment at
                which such securities would be quoted without regard to
                the minimum increments established under this
                paragraph.
            ``(G) Fraud or manipulation.--If the Commission determines
        that a covered emerging growth company has violated any
        provision of the securities laws prohibiting fraudulent,
        manipulative, or deceptive acts or practices, the securities of
        such company shall, after the date of the determination, be
        quoted using the increment at which such securities would be
        quoted without regard to the minimum increments established
        under this paragraph.
            ``(H) Ineligibility for increased minimum increment
        permanent.--The securities of an issuer may not be quoted at a
        minimum increment of $0.05 or $0.10 under this paragraph at any
        time after--
                    ``(i) such issuer makes an election under
                subparagraph (A)(ii)(II);
                    ``(ii) such issuer makes an election under
                subparagraph (C)(i)(I), except during the period before
                such election takes effect; or
                    ``(iii) the securities of such issuer are required
                by this paragraph to be quoted using the increment at
                which such securities would be quoted without regard to
                the minimum increments established under this
                paragraph.
            ``(I) Additional reports and disclosures.--The Commission
        shall require a covered emerging growth company the securities
        of which are quoted at a minimum increment of $0.05 or $0.10
        under this paragraph to make such reports and disclosures as
        the Commission considers necessary or appropriate in the public
        interest or for the protection of investors.
            ``(J) Limitation of liability.--An issuer (or any officer,
        director, manager, or other agent of such issuer) shall not be
        liable to any person (other than such issuer) under any law or
        regulation of the United States, any constitution, law, or
        regulation of any State or political subdivision thereof, or
        any contract or other legally enforceable agreement (including
        any arbitration agreement) for any losses caused solely by the
        quoting of the securities of such issuer at a minimum increment
        of $0.05 or $0.10, by the trading of such securities at the
        increment determined by the Commission under subparagraph (B),
        or by both such quoting and trading, as provided in this
        paragraph.
            ``(K) Report to congress.--Not later than 6 months after
        the date of the enactment of the Small Cap Liquidity Reform Act
        of 2014, and every 6 months thereafter, the Commission, in
        coordination with each exchange on which the securities of
        covered emerging growth companies are quoted or traded, shall
        submit to Congress a report on the quoting and trading of
        securities in increments permitted by this paragraph and the
        extent to which such quoting and trading are increasing
        liquidity and active trading by incentivizing capital
        commitment, research coverage, and brokerage support, together
        with any legislative recommendations the Commission may have.
            ``(L) Definitions.--In this paragraph:
                    ``(i) Covered emerging growth company.--The term
                `covered emerging growth company' means an emerging
                growth company, as defined in the first paragraph (80)
                of section 3(a), except that--
                            ``(I) such paragraph shall be applied by
                        substituting `$750,000,000' for
                        `$1,000,000,000' each place it appears; and
                            ``(II) subparagraphs (B), (C), and (D) of
                        such paragraph do not apply.
                    ``(ii) Security.--The term `security' means an
                equity security.
            ``(M) Savings provision.--Notwithstanding any other
        provision of this paragraph, the Commission may--
                    ``(i) make such adjustments to the pilot program
                specified in this paragraph as the Commission considers
                necessary or appropriate to ensure that such program
                can provide statistically meaningful or reliable
                results, including adjustments to eliminate selection
                bias among participants, expand the number of
                participants eligible to participate in such program,
                and change the duration of such program for one or more
                participants; and
                    ``(ii) conduct any other study or pilot program, in
                conjunction with or separate from the pilot program
                specified in this paragraph (as such program may be
                adjusted pursuant to clause (i)), to evaluate quoting
                or trading in various minimum increments.''.
    (b) Sunset.--Effective on the date that is 5 years after the date
of the enactment of this Act, section 11A(c)(6) of the Securities
Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is repealed.

            Passed the House of Representatives February 11, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization. Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded. Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations. Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment . Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded. Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act. Prescribes pricing and trading procedures governing securities trading below $1.00. Directs the SEC to require an EGC under this Act to submit additional reports and disclosures. Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading. Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments. Sunsets the pilot program five years after enactment of this Act.

Small Cap Liquidity Reform Act of 2014


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secondary Metal
Theft Prevention Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of the Congress.
Sec. 4. Purposes.
Sec. 5. Purchase transaction requirements.
Sec. 6. Protection of personal information.
Sec. 7. Enforcement by Federal Trade Commission.
Sec. 8. Enforcement by State Attorneys General.
Sec. 9. Civil penalty.
Sec. 10. State and local law not preempted.
Sec. 11. Definitions.
Sec. 12. Effective date.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since 2006, metal theft has been on the rise, largely
        due to a surge in the global demand for scrap metal and a
        historic increase in the price of metal commodities.
            (2) Theft of metal components is jeopardizing the integrity
        of critical infrastructure in the United States through theft
        of metal in transportation, electrical, and telecommunications
        networks.
            (3) Theft of manhole covers, storm water grates, highway
        guard rails, railroad tracks, automobile components, and street
        lamps pose a significant public safety risk.
            (4) Many State laws call on secondary metal recyclers to
        help deter this crime and assist law enforcement by documenting
        transactions and collecting information in order to identify
        the sellers of scrap metal and the material they are selling.
        These laws have been a significant deterrent to the problem of
        metal theft.
            (5) Although many States have enacted metal theft laws,
        metal theft is a nationwide crime that crosses state lines.
            (6) An overarching Federal law is necessary to deter metal
        theft across the country.
            (7) Combating the problem of metal theft will require
        improved communications between metal businesses and law
        enforcement agencies.
            (8) The secondary metal recycling industry should be
        commended for educating the public and law enforcement to the
        problems related to metal theft, issuing ``Do Not Buy'' lists,
        partnering with the National Crime Prevention Council, and
        creating a Theft Alert System.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that Federal, State, and local
government agencies should work with representatives of the secondary
metal recycling industry to develop and improve effective
countermeasures to combat the theft and sale of stolen secondary metal.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to protect consumers, businesses, critical
        infrastructure, and State and local governments from the
        problem of secondary metal theft;
            (2) to regulate interstate commerce by limiting trafficking
        in stolen secondary metal sold for the purpose of recycling or
        reuse;
            (3) to permit legitimate secondary metal transactions to
        continue to take place; and
            (4) to establish a system to document secondary metal
        transactions between sellers and buyers while addressing the
        growing problem of secondary metal theft.

SEC. 5. PURCHASE TRANSACTION REQUIREMENTS.

    (a) Do-not-buy List.--Unless the seller establishes by written
documentation that the seller is the owner, or an employee, agent, or
other person authorized to sell on behalf of the owner, it is unlawful
for a secondary metal recycling agent to purchase for recycling any
secondary metal that is--
            (1) marked with name, logo, or initials of a railroad, an
        electric, gas, or water company, a telephone company, cable
        company, or a public utility or that has been altered to
        remove, conceal, or obliterate such a name, logo, or initials
        through burning or cutting of wire sheathing or other means;
            (2) marked with the name of a city, county, or State
        government entity;
            (3) a street light pole or fixture;
            (4) a road or bridge guard rail;
            (5) a highway or street sign;
            (6) a water meter cover;
            (7) a storm water grate;
            (8) unused or undamaged building construction or utility
        material;
            (9) an historical marker;
            (10) a grave marker or cemetery urn or vase;
            (11) a utility access cover; or
            (12) a bulk container for beer with a capacity of 7.75
        gallons or more.
    (b) Record Keeping.--
            (1) In general.--A secondary metal recycling agent shall
        maintain a written or electronic record of each secondary metal
        purchase. The record shall include--
                    (A) the agent's name and address;
                    (B) the date of the transaction;
                    (C) a description of the secondary metal purchased,
                including--
                            (i) a general physical description;
                            (ii) a product description, such as wire,
                        tubing, extrusions, casting, or other kind of
                        product; and
                            (iii) the weight, quantity, or volume
                        purchased;
                    (D) the amount paid by the agent;
                    (E) the name and address of the person to which the
                payment was made;
                    (F) the name of the person delivering the secondary
                metal to the agent, including a distinctive number from
                a Federal or State government-issued photo
                identification card and a description of the type of
                the identification; and
                    (G) the license tag number, State-of-issue, make,
                and model, if available, of the vehicle used to deliver
                the secondary metal to the agent.
            (2) Repeat sellers.--A secondary metal recycling agent may
        comply with the requirements of paragraph (1) with respect to
        the second or a subsequent purchase of secondary metal from the
        same person by--
                    (A) reference to the existing record relating to
                the seller; and
                    (B) recording any information for the transaction
                that is different from the existing record for that
                person.
            (3) Record retention period.--A secondary metal recycling
        agent shall maintain any record required by this subsection for
        not less than 2 years from the date of the transaction to which
        the record relates.
    (c) Purchases in Excess of $75.--
            (1) In general.--A secondary metal recycling agent may not
        pay cash for a single purchase of secondary metal in excess of
        $75. For purposes of this paragraph, more than 1 purchase in
        any 48-hour period from the same seller shall be considered to
        be a single purchase.
            (2) Payment method.--
                    (A) Occasional sellers.--Except as provided in
                subparagraph (B), for any purchase of secondary metal
                in excess of $75 a secondary metal recycling agent
                shall make payment by check that--
                            (i) is payable to the seller; and
                            (ii) includes the name and address of the
                        seller.
                    (B) Established commercial transactions.--A
                secondary metal recycling agent may make payments for
                purchases of secondary metal in excess of $75 from a
                governmental or commercial supplier of secondary metal
                with which the agent has an established commercial
                relationship by electronic funds transfer or other
                established commercial transaction payment method
                through a commercial bank if the agent maintains a
                written record of such payments that identifies the
                seller, the amount paid, and the date of the purchase.
    (d) Public Notice Requirement.--A secondary metal recycling agent
shall display, at its principal place of business and at any site at
which secondary metal is accepted by or for the agent, a printed notice
advising the public that the sale of stolen secondary metal is
prohibited under Federal and State laws.

SEC. 6. PROTECTION OF PERSONAL INFORMATION.

    (a) In General.--A secondary metal recycling agent or the agent,
employee, or representative of a secondary metal recycling agent may
not disclose the identity of any person from which the agent purchases
secondary metal without the consent of the seller except in response to
a request from a law enforcement agency or judicial process.
    (b) Safeguards.--A secondary metal recycling agent shall implement
reasonable safeguards--
            (1) to protect the security of information required under
        section 5(b)(1) maintained by that agent; and
            (2) to prevent unauthorized access to or disclosure of that
        information.
    (c) Limits on Liability.--A secondary metal recycling agency shall
not be liable to any seller for a disclosure of information required
under section 5(b)(1) if the secondary metal recycling agent has met
the requirements of subsection (b) of this section.

SEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) In General.--Violation of any provision of this Act shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices. The Federal Trade Commission shall enforce this Act in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act.
    (b) Regulations.--
            (1) In general.--The Commission may promulgate such
        regulations as it finds necessary or appropriate under this
        Act.
            (2) Initial guidance.--Within 6 months after the date of
        enactment of this Act, the Commission shall promulgate a final
        rule--
                    (A) setting forth the minimum requirements for the
                documentation required by section 5(a);
                    (B) establishing criteria for record retention
                under section 5(b)(3);
                    (C) establishing requirements for treatment of a
                seller as a governmental or commercial supplier with an
                established commercial relationship under section
                5(c)(2)(B);
                    (D) establishing public notice requirements under
                section 5(d); and
                    (E) establishing criteria for safeguards under
                section 6(b).

SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of this Act whenever the
attorney general of the State has reason to believe that the interests
of the residents of the State have been or are being threatened or
adversely affected by the violation of this Act or a regulation under
this Act by a secondary metal recycling agent doing business in that
State.
    (b) Notice.--
            (1) Notice required.--At least 30 days before filing an
        action under subsection (a), the attorney general of the State
        involved shall provide to the Federal Trade Commission--
                    (A) written notice of the action; and
                    (B) a copy of the complaint for the action.
            (2) Authorization to proceed.--The State may bring the
        action if it does not receive a request from the Federal Trade
        Commission, within 30 days after the Commission receives the
        notice, not to proceed with its action.
    (c) Federal Proceedings.--After receiving notice under subsection
(b), the Commission may--
            (1) request that the State not proceed with the action
        pending the final disposition of a pending Federal proceeding
        or action;
            (2) initiate an action in the appropriate United States
        district court and move to consolidate all pending actions,
        including State actions, in such court;
            (3) intervene in the action brought under subsection (a);
        or
            (4) file petitions for appeal of a decision in such action.
    (c) Pending Federal Proceedings.--If the Federal Trade Commission
has instituted an enforcement action against a secondary metal
recycling agent for a violation of this Act or any regulation under
this Act, a State may not bring an action, during the pendency of the
Commission's enforcement action, under this section against that
secondary metal recycling agent for any violation alleged in the
Commission's enforcement action.
    (d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section regarding notification shall be
construed to prevent the attorney general of a State from exercising
the powers conferred on such attorney general by the laws of that State
to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of
        documentary and other evidence.
    (e) Venue; Service of Process.--
            (1) Venue.--Any action brought under subsection (a) may be
        brought in--
                    (A) the district court of the United States that
                meets applicable requirements relating to venue under
                section 1391 of title 28, United States Code; or
                    (B) another court of competent jurisdiction.
            (2) Service of process.--In an action brought under
        subsection (a), process may be served in any district in which
        the defendant--
                    (A) is an inhabitant; or
                    (B) may be found.

SEC. 9. CIVIL PENALTY.

    The knowing violation of any provision of this Act is punishable by
a civil penalty of not to exceed $10,000.

SEC. 10. STATE AND LOCAL LAW NOT PREEMPTED.

    Nothing in this Act preempts any State or local law regulating the
sale or purchase of secondary metal.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Secondary metal.--The term ``secondary metal'' means--
                    (A) wire or cable commonly used by communications
                and electrical utilities; and
                    (B) copper, aluminum, or other metal (including any
                metal combined with other materials) that is valuable
                for recycling or reuse as raw metal.
            (2) Secondary metal recycling agent.--The term ``secondary
        metal recycling agent'' means any person engaged in the
        business of purchasing secondary metal for reuse or recycling,
        without regard to whether that person is engaged in the
        business of recycling or otherwise processing the purchased
        secondary metal for reuse.

SEC. 12. EFFECTIVE DATE.

    Except as required by section 7(b)(2), this Act shall take effect 6
months after the date of enactment.

Summary: Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines secondary metal as: (1) wire or cable commonly used by communications and electrical utilities. And (2) copper, aluminum, or other metal that is valuable for recycling or reuse as raw metal. Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government, (2) highway or street poles, fixtures, rails, or signs, (3) unused or undamaged building construction or utility material, (4) historical markers or grave markers. And (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations. Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.

A bill to require secondary metal recycling agents to keep records of their transactions in order to deter individuals and enterprises engaged in the theft and interstate sale of stolen secondary metal, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Private sector funding and expertise can help address
        the energy efficiency challenges facing the United States.
            (2) The Federal Government spends more than $6 billion
        annually in energy costs.
            (3) Reducing Federal energy costs can help save money,
        create jobs, and reduce waste.
            (4) Energy savings performance contracts and utility energy
        service contracts are tools for utilizing private sector
        investment to upgrade Federal facilities without any up-front
        cost to the taxpayer.
            (5) Performance contracting is a way to retrofit Federal
        buildings using private sector investment in the absence of
        appropriated dollars.
            (6) Retrofits that reduce energy use also improve
        infrastructure, protect national security, and cut facility
        operations and maintenance costs.

SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
              BUILDINGS.

    (a) Energy Management Requirements.--Section 543(f)(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is
amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses
        (i) and (ii), respectively and by moving the margins 2 ems to
        the right;
            (2) by striking ``Not later than'' and inserting the
        following:
                    ``(A) In general.--Not later than''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Measures not implemented.--Each energy
                manager, as part of the certification system under
                paragraph (7) and using guidelines developed by the
                Secretary, shall provide an explanation regarding any
                life-cycle cost-effective measures described in
                subparagraph (A)(i) that have not been implemented.''.
    (b) Reports.--Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the status of each agency's energy savings
        performance contracts and utility energy service contracts, the
        investment value of such contracts, the guaranteed energy
        savings for the previous year as compared to the actual energy
        savings for the previous year, the plan for entering into such
        contracts in the coming year, and information explaining why
        any previously submitted plans for such contracts were not
        implemented.''.
    (c) Federal Energy Management Definitions.--Section 551(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended
by striking ``or retrofit activities'' and inserting ``retrofit
activities, or energy consuming devices and required support
structures''.
    (d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                            ``(iii) limit the recognition of operation
                        and maintenance savings associated with systems
                        modernized or replaced with the implementation
                        of energy conservation measures, water
                        conservation measures, or any series of energy
                        conservation measures and water conservation
                        measures.''.
    (e) Miscellaneous Authority.--Section 801(a)(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding
at the end the following:
                    ``(H) Miscellaneous authority.--Notwithstanding any
                other provision of law, a Federal agency may sell or
                transfer energy savings and apply the proceeds of such
                sale or transfer to fund a contract under this
                title.''.
    (f) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
related operation and maintenance expenses)'' and inserting ``,
including related operations and maintenance expenses''.
    (g) Energy Savings Performance Contracts Definitions.--Section
804(2) of the National Energy Conservation Policy Act (42 U.S.C.
8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned
        building or buildings or other federally owned facilities'' and
        inserting ``Federal building (as defined in section 551 (42
        U.S.C. 8259))'' each place it appears;
            (2) in subparagraph (C) , by striking ``; and'' and
        inserting a semicolon;
            (3) in subparagraph (D), by striking the period at the end
        and inserting a semicolon; and
            (4) by adding at the end the following new subparagraphs:
                    ``(E) the use, sale, or transfer of energy
                incentives, rebates, or credits (including renewable
                energy credits) from Federal, State, or local
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in
                energy or water use, more efficient waste recycling, or
                additional energy generated from more efficient
                equipment.''.

Summary: Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures . Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits from federal, state, or local governments or utilities. And (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space to Schools Act of 2010''.

SEC. 2. PROGRAM.

    (a) Purpose.--The Secretary of Education may carry out a program
(in this Act referred to as the ``Program'') to--
            (1) encourage highly skilled retiring or displaced
        aerospace professionals with backgrounds in science,
        technology, engineering, or mathematics to pursue careers as
        elementary, secondary, or vocational school teachers; and
            (2) promote science, technology, engineering, and
        mathematics (STEM) education in kindergarten through grade 12
        by encouraging aerospace professionals to pursue careers in
        teaching.
    (b) Eligibility.--
            (1) Eligible individuals.--An individual who is eligible to
        participate in the Program is an individual--
                    (A) who is a former employee of the National
                Aeronautics and Space Administration, its suppliers, or
                a related contractor; and
                    (B) who has relevant work experience in the
                aerospace industry.
            (2) School eligibility.--An eligible local education
        agency, charter school, or vocational school may receive
        Program participants.
    (c) Submission of Applications.--
            (1) Form and submission.--Selection of eligible individuals
        to participate in the Program shall be made on the basis of
        applications submitted to the Secretary of Education within the
        time periods specified in paragraph (2). An application shall
        be in such form and contain such information as the Secretary
        may require.
            (2) Time for submission.--An application shall be
        considered to be submitted on a timely basis if it submitted
        not later than 4 years after the date on which the individual
        is retired, separated, or released from employment in the
        aerospace industry.
    (d) Selection Criteria.--
            (1) Establishment.--Subject to paragraphs (2) and (3), the
        Secretary shall prescribe the criteria to be used to select
        eligible individuals to participate in the Program.
            (2) Educational background.--
                    (A) Elementary or secondary school teacher.--If an
                applicant is applying for assistance for placement as
                an elementary or secondary school teacher, the
                Secretary shall require the applicant to have received
                a baccalaureate or advanced degree from an accredited
                institution of higher education in a science,
                technology, engineering, or mathematics field.
                    (B) Vocational or technical teacher.--If an
                applicant for assistance for placement as vocational or
                technical teacher, the Secretary shall require the
                applicant to have--
                            (i) received an associate degree,
                        postsecondary training, or related
                        certification obtained through service in the
                        Armed Forces;
                            (ii) have 6 or more years of work
                        experience in a vocational or technical field;
                        or
                            (iii) otherwise meet the certification or
                        licensing requirements for a vocational or
                        technical teacher in the State in which the
                        applicant seeks assistance for placement under
                        the Program.
            (3) Termination of employment.--An applicant who was
        terminated from previous employment for cause shall be
        ineligible to participate in the Program.
    (e) Participation Agreement.--
            (1) In general.--An eligible individual selected to
        participate in the Program and receive financial assistance
        under this section shall be required to enter into an agreement
        with the Secretary in which the participant agrees--
                    (A) within such time as the Secretary may require,
                to obtain certification or licensing as an elementary,
                secondary, vocational, or technical school teacher, and
                to become a highly qualified teacher; and
                    (B) to accept an offer of full-time employment as
                an elementary, secondary, vocational, or technical
                school teacher for not less than 3 school years and
                commit to teaching in the subjects of science,
                technology, engineering, or mathematics with an
                eligible local educational agency, charter school, or
                vocational school to begin the school year after
                obtaining such certification or licensing.
            (2) Waiver.--The Secretary may waive the 3-year commitment
        described in paragraph (1)(B) for a participant if the
        Secretary determined such waiver to be appropriate.
            (3) Stipends for participants.--
                    (A) Stipend authorized.--The Secretary may pay to a
                participant in the Program a stipend in an amount of
                not more than $5,000 to be used towards obtaining
                licensing or certification for elementary or secondary
                teaching or vocational teaching programs.
                    (B) Stipend bonus.--The Secretary, in lieu of
                paying a stipend under subparagraph (A), may pay a
                bonus of $10,000 to a participant in the Program who
                agrees in the participation agreement to become a
                highly qualified teacher and accept full-time
                employment as an elementary, secondary, vocational, or
                technical teacher for not less than 3 years in a high-
                need school and teach in the subject area of science,
                technology, engineering, or mathematics.
    (f) Reimbursement Under Certain Circumstances.--
            (1) Reimbursement required.--A participant in the Program
        who is paid a stipend or bonus under this section shall be
        required to repay the stipend or bonus under the following
        circumstances:
                    (A) Failure to obtain qualifications or
                employment.--The participant fails to obtain teacher
                certification or licensing, to become a highly
                qualified teacher, or to obtain employment as an
                elementary school teacher, secondary school teacher, or
                vocational or technical teacher as required by the
                participation agreement under subsection (e).
                    (B) Termination of employment.--The participant
                voluntarily leaves, or is terminated for cause from,
                employment as an elementary school teacher, secondary
                school teacher, or vocational or technical teacher
                during the 3 years of required service in violation of
                the participation agreement.
            (2) Amount of reimbursement.--A participant required to
        reimburse the Secretary for a stipend or bonus paid to the
        participant under this section shall pay an amount that bears
        the same ratio to the amount of the stipend or bonus as the
        unserved portion of required service bears to the 3 years of
        required service. Any amount owed by the participant shall bear
        interest at the rate equal to the highest rate being paid by
        the United States on the day on which the reimbursement is
        determined to be due for securities having maturities of 90
        days or less and shall accrue from the day on which the
        participant is first notified of the amount due.
            (3) Treatment of obligation.--The obligation to reimburse
        the Secretary under this subsection is, for all purposes, a
        debt owing the United States. A discharge in bankruptcy under
        title 11, United States Code, shall not release a participant
        from the obligation to reimburse the Secretary under this
        subsection.
    (g) Advisory Board.--
            (1) No later than 120 days after enactment of this Act, the
        Secretary shall establish an Advisory Board whose duties
        include--
                    (A) collecting, considering, and disseminating
                feedback from participants, State educational agencies,
                local educational agencies, charter schools, and
                vocational schools on best practices for recruitment of
                eligible individuals to participate in the Program;
                    (B) ensuring elementary schools, secondary schools,
                and vocational schools are aware of the Program and how
                to participate in it;
                    (C) developing guidelines to help individuals
                selected to participate in the Program identify and
                enroll in licensing or certification training for
                elementary or secondary education teaching or
                vocational teaching programs; and
                    (D) coordinating the goals of the Program with
                other Federal, State, and local education needs.
            (2) No later than 1 year after the date of enactment of
        this Act, and annually thereafter, prepare and submit a report
        to the Committee on Education and Labor of the House of
        Representatives and the Committee on Health, Education, Labor,
        and Pensions of the Senate, which shall include--
                    (A) information with respect to the activities of
                the Advisory Board;
                    (B) information with respect to the Program,
                including--
                            (i) the number of participants in the
                        Program;
                            (ii) the number of States participating in
                        the Program;
                            (iii) the local educational agencies and
                        schools where participants are employed;
                            (iv) the grade levels at which the
                        participants teach;
                            (v) the academic subjects taught by
                        participants;
                            (vi) the hours of clinical and classroom
                        time participants completed during the
                        certification or licensing required for
                        participation in the Program;
                            (vii) a review of the stipend and bonus
                        available to participants; and
                            (viii) other demographic information as may
                        be necessary to evaluate the effectiveness of
                        the Program; and
                    (C) recommendations for improvements and other
                necessary changes to ensure that the Program is meeting
                the purpose as described in subsection (a).
    (h) Definitions.--In this Act:
            (1) In general.--The terms ``elementary school'', ``highly
        qualified''; ``local educational agency'', ``secondary
        school'', ``State educational agency'', and ``State'' have the
        meaning given the terms in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Charter school.--The term ``charter school'' has the
        meaning given such term in section 5210 of the Elementary and
        Secondary Act of 1965 (20 U.S.C. 7221i).
            (3) Eligible local educational agency.--The term ``eligible
        local educational agency'' means a local educational agency
        receiving funding under part A of title I of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
            (4) High-need school.--The term ``high-need school'' means
        an elementary school, secondary school, or vocational school
        under the jurisdiction of an eligible local educational agency,
        or a charter school, or vocational school, where at least 50
        percent of the students enrolled in the school are--
                    (A) in poverty counted in the most recent census
                data approved by the Secretary;
                    (B) eligible for free and reduced priced lunches
                under the Richard B. Russell National School Lunch Act
                (42 U.S.C. 1751 et seq.);
                    (C) in families receiving assistance under the
                State program funded under part A of title IV of the
                Social Security Act (42 U.S.C. 601 et seq.); or
                    (D) eligible to receive medical assistance under
                the State Medicaid program under title XIX of the
                Social Security Act (42 U.S.C. 1396 et seq.).
            (5) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001).
            (6) Vocational school.--The term ``vocational school''
        means--
                    (A) a specialized public secondary school used
                exclusively or principally for the provision of
                vocational and technical education to individuals who
                are available for study in preparation for entering the
                labor market; or
                    (B) the department or division of an institution of
                higher education that provides vocational and technical
                education in not fewer than five different occupational
                fields leading to immediate employment but not
                necessarily leading to a baccalaureate degree.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated
        $20,000,000 to carry out this Act for fiscal year 2011 and each
        of fiscal years 2012 through 2014.
            (2) No fiscal year limitation on funding.--Funds
        appropriated under paragraph (1) shall remain available until
        expended.

Summary: Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers. Sets forth educational background requirements for program participants. Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher. And (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing. Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing. Or (2) a larger bonus if they agree to perform their service in high-need schools. Requires the Secretary to establish an Advisory Board to oversee the program.

To authorize the Secretary of Education to establish a program for displaced aerospace professionals to become certified elementary, secondary, or vocational school teachers.


SECTION 1. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR
              POWER FACILITIES.

    (a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) of
the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (4), by inserting ``or any amendment to''
        after ``enactment of'', and
            (2) by adding at the end the following new paragraph:
            ``(5) Allocation of unutilized limitation.--
                    ``(A) In general.--Any unutilized national megawatt
                capacity limitation shall be allocated by the Secretary
                under paragraph (3) as rapidly as is practicable after
                December 31, 2020--
                            ``(i) first to facilities placed in service
                        on or before such date to the extent that such
                        facilities did not receive an allocation equal
                        to their full nameplate capacity, and
                            ``(ii) then to facilities placed in service
                        after such date in the order in which such
                        facilities are placed in service.
                    ``(B) Unutilized national megawatt capacity
                limitation.--The term `unutilized national megawatt
                capacity limitation' means the excess (if any) of--
                            ``(i) 6,000 megawatts, over
                            ``(ii) the aggregate amount of national
                        megawatt capacity limitation allocated by the
                        Secretary before January 1, 2021, reduced by
                        any amount of such limitation which was
                        allocated to a facility which was not placed in
                        service before such date.
                    ``(C) Coordination with other provisions.--In the
                case of any unutilized national megawatt capacity
                limitation allocated by the Secretary pursuant to this
                paragraph--
                            ``(i) such allocation shall be treated for
                        purposes of this section in the same manner as
                        an allocation of national megawatt capacity
                        limitation, and
                            ``(ii) subsection (d)(1)(B) shall not apply
                        to any facility which receives such
                        allocation.''.
    (b) Transfer of Credit by Certain Public Entities.--
            (1) In general.--Section 45J of such Code is amended--
                    (A) by redesignating subsection (e) as subsection
                (f), and
                    (B) by inserting after subsection (d) the following
                new subsection:
    ``(e) Transfer of Credit by Certain Public Entities.--
            ``(1) In general.--If, with respect to a credit under
        subsection (a) for any taxable year--
                    ``(A) the taxpayer would be a qualified public
                entity, and
                    ``(B) such entity elects the application of this
                paragraph for such taxable year with respect to all (or
                any portion specified in such election) of such credit,
        the eligible project partner specified in such election (and
        not the qualified public entity) shall be treated as the
        taxpayer for purposes of this title with respect to such credit
        (or such portion thereof).
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Qualified public entity.--The term `qualified
                public entity' means--
                            ``(i) a Federal, State, or local government
                        entity, or any political subdivision, agency,
                        or instrumentality thereof,
                            ``(ii) a mutual or cooperative electric
                        company described in section 501(c)(12) or
                        section 1381(a)(2), or
                            ``(iii) a not-for-profit electric utility
                        which has or had received a loan or loan
                        guarantee under the Rural Electrification Act
                        of 1936.
                    ``(B) Eligible project partner.--The term `eligible
                project partner' means--
                            ``(i) any person responsible for, or
                        participating in, the design or construction of
                        the advanced nuclear power facility to which
                        the credit under subsection (a) relates,
                            ``(ii) any person who participates in the
                        provision of the nuclear steam supply system to
                        the advanced nuclear power facility to which
                        the credit under subsection (a) relates,
                            ``(iii) any person who participates in the
                        provision of nuclear fuel to the advanced
                        nuclear power facility to which the credit
                        under subsection (a) relates, or
                            ``(iv) any person who has an ownership
                        interest in such facility.
            ``(3) Special rules.--
                    ``(A) Application to partnerships.--In the case of
                a credit under subsection (a) which is determined at
                the partnership level--
                            ``(i) for purposes of paragraph (1)(A), a
                        qualified public entity shall be treated as the
                        taxpayer with respect to such entity's
                        distributive share of such credit, and
                            ``(ii) the term `eligible project partner'
                        shall include any partner of the partnership.
                    ``(B) Taxable year in which credit taken into
                account.--In the case of any credit (or portion
                thereof) with respect to which an election is made
                under paragraph (1), such credit shall be taken into
                account in the first taxable year of the eligible
                project partner ending with, or after, the qualified
                public entity's taxable year with respect to which the
                credit was determined.
                    ``(C) Treatment of transfer under private use
                rules.--For purposes of section 141(b)(1), any benefit
                derived by an eligible project partner in connection
                with an election under this subsection shall not be
                taken into account as a private business use.''.
            (2) Special rule for proceeds of transfers for mutual or
        cooperative electric companies.--Section 501(c)(12) of such
        Code is amended by adding at the end the following new
        subparagraph:
                    ``(I) In the case of a mutual or cooperative
                electric company described in this paragraph or an
                organization described in section 1381(a)(2), income
                received or accrued in connection with an election
                under section 45J(e)(1) shall be treated as an amount
                collected from members for the sole purpose of meeting
                losses and expenses.''.
    (c) Effective Dates.--
            (1) Treatment of unutilized limitation amounts.--The
        amendment made by subsection (a) shall take effect on the date
        of the enactment of this Act.
            (2) Transfer of credit by certain public entities.--The
        amendments made by subsection (b) shall apply to taxable years
        beginning after December 31, 2016.

Summary: This bill amends the Internal Revenue Code, with respect to the tax credit for the production of electricity from advanced nuclear power facilities, to: (1) establish requirements for the allocation of unutilized portions of the national megawatt capacity limitation, and (2) allow public entities to transfer the credit to project partners. If a portion of the 6,000 national megawatt capacity limitation for the credit is unutilized after December 31, 2020, the Internal Revenue Service must allocate the unutilized capacity: (1) first to facilities that were placed in service on or before December 31, 2020, and did not receive an allocation equal to their full nameplate capacity, and (2) then to facilities placed in service after December 31, 2020, in the order in which the facilities are placed in service. The placed-in-service sunset date of January 1, 2021, does not apply to the allocations of unutilized national megawatt capacity. Qualified public entities may transfer the credit to an eligible project partner. A quot, qualified public entityquot. Is: (1) a federal, state, or local government or any political subdivision, agency, or instrumentality thereof, (2) a mutual or cooperative electric company. Or (3) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. An quot, eligible project partnerquot. Includes any person who: (1) is responsible for, or is participating in, the design or construction of the facility. (2) participates in the provision of nuclear steam or nuclear fuel to the facility, or (3) has an ownership interest in the facility.

To amend the Internal Revenue Code of 1986 to modify the credit for production from advanced nuclear power facilities.