SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recreational Hunting Safety and
Preservation Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) recreational hunting, when carried out pursuant to law
        (as implemented by the regulations of Federal and State
        wildlife management agencies) is a necessary and beneficial
        element in the proper conservation and management of healthy,
        abundant, and biologically diverse wildlife resources;
            (2) recreational hunters (because of a generally
        demonstrated concern with the conservation of wildlife
        resources and preservation of habitat necessary for the
        breeding and maintenance of healthy wildlife populations, and
        through a familiarity with the resources gained from experience
        in the field) are a valuable asset in ensuring enlightened
        public input into decisions regarding management and
        maintenance programs for wildlife resources and habitat;
            (3)(A) recreational hunting supports industries highly
        significant to the national economy through sales in interstate
        commerce of sporting goods; and
            (B) the Federal excise taxes imposed on the sales provide a
        major source of funding for vital programs of wildlife
        conservation and management;
            (4) various persons are engaging in (and have announced an
        intent to continue to engage in) a variety of disruptive
        activities with the premeditated purpose of preventing and
        interfering with the conduct of lawful recreational hunting on
        Federal lands, which activities--
                    (A) place both recreational hunters and the
                disruptive persons in imminent jeopardy of grave
                physical injury or death;
                    (B) disrupt the peaceful, lawful, and prudent
                conduct of wildlife population and habitat management
                programs by Federal and State wildlife management
                agencies; and
                    (C) ultimately may alter the planned program
                objectives, resulting in--
                            (i) undesirable patterns of activity within
                        populations of wildlife;
                            (ii) the endangerment of the future
                        viability of wildlife species; and
                            (iii) damage to habitat values;
            (5) Federal lands comprise important wildlife habitat
        resources that--
                    (A) support many large, diverse, and vital
                populations of wildlife; and
                    (B) offer significant opportunities for legal
                recreational hunting as an important management tool to
                ensure the future viability of the wildlife
                populations;
            (6) it is the right of citizens of the United States freely
        to enjoy lawful recreational hunting on Federal lands in
        accordance with regulations promulgated by Federal and State
        wildlife management agencies; and
            (7) in many instances under current law, vagueness and
        ambiguity exist regarding the application of State laws and
        enforcement activities relating to--
                    (A) the safety of hunters; and
                    (B) the legal rights of recreational hunters to
                participate peacefully in lawful hunts on Federal
                lands.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Federal lands.--The term ``Federal lands'' means--
                    (A) national forests;
                    (B) public lands;
                    (C) national parks; and
                    (D) wildlife refuges.
            (2) Lawful hunt.--The term ``lawful hunt'' means an
        occasion when an individual is engaged in the taking or
        harvesting (or attempted taking or harvesting) through a legal
        means and during a specified legal season of a wildlife or
        fish, on Federal lands, which activity--
                    (A)(i) is authorized by or licensed under the law
                of the State in which it takes place; or
                    (ii) is regulated by game or fishing seasons
                established by the State in which it takes place;
                    (B) is not prohibited by a law of the United
                States; and
                    (C) does not infringe upon a right of an owner of
                private property.
            (3) National forest.--The term ``national forest'' means
        lands included in the National Forest System (as defined in
        section 11(a) of the Forest and Rangeland Renewable Resources
        Planning Act of 1974 (16 U.S.C. 1609(a))).
            (4) National park.--The term ``national park'' means lands
        and waters included in the national park system (as defined in
        section 2(a) of the Act entitled ``An Act to facilitate the
        management of the National Park System and miscellaneous areas
        administered in connection with that system, and for other
        purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
            (5) Public lands.--The term ``public lands'' has the same
        meaning as is provided in section 103(e) of the Federal Land
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (6) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture with respect to
                national forests; and
                    (B) the Secretary of the Interior with respect to--
                            (i) public lands;
                            (ii) national parks; and
                            (iii) wildlife refuges.
            (7) Wildlife refuge.--The term ``wildlife refuge'' means
        lands and waters included in the National Wildlife Refuge
        System (as established by section 4 of the National Wildlife
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).

SEC. 4. OBSTRUCTION OF A LAWFUL HUNT.

    (a) Violation.--It is unlawful for a person knowingly and with the
intent of obstructing, impeding, or interfering with a lawful hunt by
an individual to--
            (1) obstruct, impede, or otherwise interfere with a lawful
        hunt by an individual;
            (2) scare, herd, harass, decoy, or otherwise engage in
        activities designed to affect wildlife on Federal lands;
            (3) engage in activities that prevent or impede the
        reasonable and usual means of access by those individuals who
        intend to participate in a lawful hunt, whether the activities
        occur on Federal lands or upon a public or private road,
        highway, path, trail, or other normal route of access to
        Federal lands;
            (4) take or abuse property, equipment, or hunting dogs
        being used in conjunction with a lawful hunt; or
            (5) enter onto Federal lands, travel in interstate
        commerce, use the United States mails or an instrumentality of
        interstate telephonic or electronic communications, or
        transport or cause to be transported in interstate commerce a
        material or item, to further--
                    (A) a scheme or effort to obstruct, impede, or
                otherwise interfere with a lawful hunt; or
                    (B) the efforts of another person to obstruct,
                impede, or interfere with a lawful hunt.
    (b) Multiple Violations.--The Secretary may consider participation
by a person in more than one of the activities described in this
section to constitute multiple violations.

SEC. 5. CIVIL PENALTIES.

    (a) In General.--A person who engages in an activity described in
section 4 shall be assessed a civil penalty of not less than $500, and
not more than $5,000, for each violation.
    (b) Violation Involving Force or Violence.--Upon a determination by
a court that the activity involved the use of force or violence, or the
threatened use of force or violence, against the person or property of
another person, a person who engages in an activity described in
section 4 shall be assessed a civil penalty of not less than $1,000,
and not more than $10,000, for each violation.
    (c) Relationship to Other Penalties.--The penalties established by
this section shall be in addition to other criminal or civil penalties
that may be levied against the person as a result of an activity in
violation of section 4.
    (d) Procedure.--
            (1) Complaints from government agents.--Upon receipt of a
        written complaint from an officer, employee, or agent of the
        Forest Service, Bureau of Land Management, National Park
        Service, United States Fish and Wildlife Service, or other
        Federal agency that a person violated section 4, the Secretary
        shall--
                    (A) forward the complaint to the United States
                Attorney for the Federal judicial district in which the
                violation is alleged to have occurred; and
                    (B) request the Attorney General of the United
                States to institute a civil action for the imposition
                and collection of the civil penalty specified in
                subsection (a) or (b).
            (2) Complaints from individuals.--Upon receipt of a sworn
        affidavit from an individual and a determination by the
        Secretary that the statement contains sufficient factual data
        to create a reasonable belief that a violation of section 4 has
        occurred, the Secretary shall--
                    (A) forward a complaint to the United States
                Attorney for the Federal judicial district in which the
                violation is alleged to have occurred; and
                    (B) request the Attorney General of the United
                States to institute a civil action for the imposition
                and collection of the civil penalty specified in
                subsection (a) or (b).
    (e) Use of Penalty Money Collected.--After deduction of costs
attributable to collection, money collected from penalties shall be--
            (1) deposited into the trust fund established pursuant to
        the Act entitled ``An Act to provide that the United States
        shall aid the States in wildlife-restoration projects, and for
        other purposes'', approved September 2, 1937 (16 U.S.C. 669)
        (commonly known as the ``Pitman-Robertson Wildlife Restoration
        Act''), to support the activities authorized by such Act and
        undertaken by State wildlife management agencies; or
            (2) used in such other manner as the Secretary determines
        will enhance the funding and implementation of--
                    (A) the North American Waterfowl Management Plan
                signed by the Secretary of the Interior and the
                Minister of Environment for Canada in May 1986; or
                    (B) a similar program that the Secretary determines
                will enhance wildlife management--
                            (i) on Federal lands; or
                            (ii) on private or State-owned lands when
                        the efforts will also provide a benefit to
                        wildlife management objectives on Federal
                        lands.

SEC. 6. OTHER RELIEF.

    (a) Injunctive Relief.--Injunctive relief against a violation of
section 4 may be sought by--
            (1) the head of a State agency with jurisdiction over fish
        or wildlife management;
            (2) the Attorney General of the United States; or
            (3) any person who is or would be adversely affected by the
        violation, or a hunting or sportsman's organization to which
        the person belongs.
    (b) Damages and Attorney's Fees.--Any person who is or would be
adversely affected by a violation of section 4, or a hunting or
sportsman's organization to which the person belongs, may bring a civil
action to recover--
            (1) actual and punitive damages; and
            (2) reasonable attorney's fees.

SEC. 7. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.

    (a) Law or Ordinance.--This Act is not intended to preempt a State
law or local ordinance that provides for civil or criminal penalties
for a person who obstructs or otherwise interferes with a lawful hunt.
    (b) Civil Action.--The bringing of an action pursuant to this Act
shall not prevent an independent action against a person under a State
law or local ordinance.

SEC. 8. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry
out this Act.

Summary: Recreational Hunting Safety and Preservation Act of 1993 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. Establishes: (1) civil penalties for such violations, (2) procedures for individual and government agent complaints. And (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Andrew Prior Act'' or ``Andrew's
Law''.

SEC. 2. DISCHARGE OF PRIVATE STUDENT LOANS.

    Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is
amended by adding at the end the following:
            ``(12) Discharge of private educational loans in the event
        of the death of the borrower.--
                    ``(A) Definitions.--As used in this paragraph--
                            ``(i) the term `cosigner'--
                                    ``(I) means any individual who is
                                liable for the obligation of another
                                without compensation, regardless of how
                                designated in the contract or
                                instrument relating to the obligation;
                                    ``(II) includes any person whose
                                signature is requested as a condition
                                to grant credit or to forbear on
                                collection; and
                                    ``(III) does not include a spouse
                                of an individual referred to in
                                subclause (I) whose signature is needed
                                to perfect the security interest in the
                                loan;
                            ``(ii) the term `private educational
                        lender' has the same meaning as in section 140;
                            ``(iii) the term `private education loan'
                        has the same meaning as in section 140; and
                            ``(iv) the term `totally and permanently
                        disabled' means--
                                    ``(I) with respect to a person
                                other than a veteran, that the person
                                is unable to engage in any substantial
                                gainful activity because of a medically
                                determinable physical or mental
                                impairment that--
                                            ``(aa) can be expected to
                                        result in death;
                                            ``(bb) has lasted for a
                                        continuous period of not less
                                        than 60 months; or
                                            ``(cc) can be expected to
                                        last for a continuous period of
                                        not less than 60 months; and
                                    ``(II) in the case of a veteran (as
                                that term is defined in section 101 of
                                title 38, United States Code), a
                                determination from the Secretary of
                                Veterans Affairs that--
                                            ``(aa) such person has a
                                        service-connected disability or
                                        service-connected disabilities
                                        that are 100 percent disabling;
                                        or
                                            ``(bb) such person is
                                        totally disabled, based on an
                                        Individual Unemployability
                                        determination by the Secretary
                                        of Veterans Affairs.
                    ``(B) Private educational loans discharged.--In the
                event of the death of a borrower of a private
                educational loan, or if the borrower of a private
                educational loan is totally and permanently disabled,
                neither the estate of the borrower nor any cosigner of
                such private educational loan shall be obligated to
                repay the outstanding principal or interest on the
                loan.
                    ``(C) Limitations.--The Bureau--
                            ``(i) shall develop such safeguards as may
                        be necessary and appropriate to prevent fraud
                        and abuse in the discharge of liability under
                        this subsection; and
                            ``(ii) notwithstanding any other provision
                        of this subsection, may promulgate regulations
                        to reinstate the obligation of loans discharged
                        under this subsection in any case in which the
                        Director determines necessary to protect the
                        public interest.''.

SEC. 3. REGULATIONS.

    The Director of the Bureau of Consumer Financial Protection may
issue such regulations as may be necessary and appropriate to carry out
this Act.

Summary: Andrew Prior Act or Andrew's Law - Amends the Truth in Lending Act to discharge the repayment obligations of the estate of a borrower and any cosigner of a private educational loan if the borrower dies or is totally and permanently disabled. Requires the Director of the Consumer Financial Protection Bureau (CFPB) to develop necessary and appropriate safeguards to prevent fraud and abuse in the discharge of those obligations. Authorizes the Director to promulgate regulations to reinstate those obligations in any case in which the Director determines that doing so is necessary to protect the public interest.

Andrew's Law


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Independence Act of 2000''.

SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN.

    (a) Strategic Plan.--The Secretary of Energy shall develop, and
transmit to the Congress within 1 year after the date of the enactment
of this Act, a strategic plan to ensure that the United States is
energy self-sufficient by the year 2010. The plan shall include
recommendations for legislative and regulatory actions needed to
accomplish that goal.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $20,000,000 for carrying out
this section.

SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM.

    (a) Program.--The Secretary of Energy shall establish a program for
the acquisition of--
            (1) up to 100 commercially available 200 kilowatt fuel cell
        power plants;
            (2) up to 20 megawatts of power generated from commercially
        available fuel cell power plants; or
            (3) a combination thereof,
for use at federally owned or operated facilities. The Secretary shall
provide funding for purchase, site engineering, installation, startup,
training, operation, and maintenance costs associated with the
acquisition of such power plants, along with any other necessary
assistance.
    (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks
in power plants acquired, or from which power is acquired, under
subsection (a) shall be assembled in the United States.
    (c) Site Selection.--In the selection of federally owned or
operated facilities as a site for the location of power plants acquired
under this section, or as a site to receive power acquired under this
section, priority shall be given to sites with 1 or more of the
following attributes:
            (1) Location (of the Federal facility or the generating
        power plant) in an area classified as a nonattainment area
        under title I of the Clean Air Act.
            (2) Computer or electronic operations that are sensitive to
        power supply disruptions.
            (3) Need for a reliable, uninterrupted power supply.
            (4) Remote location, or other factors requiring off-grid
        power generation.
            (5) Critical manufacturing or other activities that support
        national security efforts.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $140,000,000 for the period
encompassing fiscal years 2001 through 2003 for carrying out this
section.

SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS.

    (a) In General.--
            (1) Establishment.--The President, in coordination with the
        Secretary of Energy, the Secretary of Transportation, the
        Secretary of Defense, and the Secretary of Housing and Urban
        Development, shall establish a program for the demonstration of
        fuel cell proton exchange membrane technology in the areas of
        responsibility of those Secretaries with respect to commercial,
        residential, and transportation applications, including buses.
        Such program shall specifically focus on promoting the
        application of and improved manufacturing production and
        processes for proton exchange membrane fuel cell technology.
            (2) Authorization of appropriations.--For the purpose of
        carrying out this subsection, there are authorized to be
        appropriated $140,000,000 for the period encompassing fiscal
        years 2001 through 2003.
    (b) Bus Demonstration Program.--
            (1) Establishment.--The President, in coordination with the
        Secretary of Energy and the Secretary of Transportation, shall
        establish a comprehensive proton exchange membrane fuel cell
        bus demonstration program to address hydrogen production,
storage, and use in transit bus applications. Such program shall cover
all aspects of the introduction of this new technology, and shall
include the following components:
                    (A) Development, installation, and operation of a
                hydrogen delivery system located on-site at transit bus
                terminals.
                    (B) Development, installation, and operation of on-
                site storage associated with the hydrogen delivery
                systems as well as storage tank systems incorporated
                into the bus itself.
                    (C) Demonstration of use of hydrogen as a
                practical, safe, renewable energy source in a highly
                efficient, zero-emission power system for buses.
                    (D) Development of a hydrogen proton exchange
                membrane fuel cell power system that is confirmed and
                verified as being compatible with transit bus
                application requirements.
                    (E) Durability testing of the fuel cell bus at a
                national testing facility.
                    (F) Identification and implementation of necessary
                codes and standards for the safe use of hydrogen as a
                fuel suitable for bus application, including the fuel
                cell power system and related operational facilities.
                    (G) Identification and implementation of
                maintenance and overhaul requirements for hydrogen
                proton exchange membrane fuel cell transit buses.
                    (H) Completion of fleet vehicle evaluation program
                by bus operators along normal transit routes, providing
                equipment manufacturers and transit operators with the
                necessary analyses to enable operation of the hydrogen
                proton exchange membrane fuel cell bus under a range of
                operating environments.
            (2) Domestic assembly.--All fuel cell systems and fuel cell
        stacks in power plants acquired, or from which power is
        acquired, under paragraph (1) shall be assembled in the United
        States.
            (3) Authorization of appropriations.--For the purpose of
        carrying out this subsection, there are authorized to be
        appropriated $150,000,000 for the period encompassing fiscal
        years 2001 through 2003.

SEC. 5. FEDERAL VEHICLES.

    Each agency of the Federal Government that maintains a fleet of
motor vehicles shall develop a plan for a transition of the fleet to
vehicles powered by fuel cell technology. Each such plan shall include
implementation beginning by fiscal year 2005, to be completed by fiscal
year 2010. Each plan shall incorporate and build on the results of
completed and ongoing Federal demonstration programs, including the
program established under section 4, and shall include additional
demonstration programs and pilot programs as necessary to test or
investigate available technologies and transition procedures.

SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS.

    Any life-cycle cost benefit analysis undertaken by a Federal agency
with respect to investments in products, services, construction, and
other projects shall include an analysis of environmental and power
reliability factors.

SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES.

    (a) Grant Program.--The Secretary of Energy shall establish a
program for making grants to State or local governments for the use of
fuel cell technology in meeting their energy requirements, including
the use as a source of power for motor vehicles. Each grant made under
this section shall require at least a 10 percent matching contribution
from the State or local government recipient.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $110,000,000 for each of the
fiscal years 2001 through 2005 for carrying out this section.

Summary: Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications within the Secretaries' respective areas. And (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations.

Energy Independence Act of 2000


SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Veterans Entrepreneurship Act of
2015''.
SEC. 2. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS.
    Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31))
is amended by adding at the end the following:
            ``(G) Guarantee fee waiver for veterans.--
                ``(i) Guarantee fee waiver.--The Administrator may not
            collect a guarantee fee described in paragraph (18) in
            connection with a loan made under this paragraph to a
            veteran or spouse of a veteran on or after October 1, 2015.
                ``(ii) Exception.--If the President's budget for the
            upcoming fiscal year, submitted to Congress pursuant to
            section 1105(a) of title 31, United States Code, includes a
            cost for the program established under this subsection that
            is above zero, the requirements of clause (i) shall not
            apply to loans made during such upcoming fiscal year.
                ``(iii) Definition.--In this subparagraph, the term
            `veteran or spouse of a veteran' means--

                    ``(I) a veteran, as defined in section 3(q)(4);
                    ``(II) an individual who is eligible to participate
                in the Transition Assistance Program established under
                section 1144 of title 10, United States Code;
                    ``(III) a member of a reserve component of the
                Armed Forces named in section 10101 of title 10, United
                States Code;
                    ``(IV) the spouse of an individual described in
                subclause (I), (II), or (III); or
                    ``(V) the surviving spouse (as defined in section
                101 of title 38, United States Code) of an individual
                described in subclause (I), (II), or (III) who died
                while serving on active duty or as a result of a
                disability that is service-connected (as defined in
                such section).''.

SEC. 3. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE
SMALL BUSINESS ADMINISTRATION.
    Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report assessing the level
of outreach to and consultation with female veterans regarding access
to capital by women's business centers (as described in section 29 of
the Small Business Act (15 U.S.C. 656)) and Veterans Business Outreach
Centers (as referred to in section 32 of such Act (15 U.S.C. 657b)).
SEC. 4. BUSINESS LOANS PROGRAM.
    (a) Section 7(a) Funding Levels.--The third proviso under the
heading ``business loans program account'' under the heading ``Small
Business Administration'' under title V of division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Public
Law 113-235; 128 Stat. 2371) is amended by striking ``$18,750,000,000''
and inserting ``$23,500,000,000''.
    (b) Loan Limitations.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)) is amended--
        (1) in subparagraph (A)--
            (A) by striking ``No financial assistance'' and inserting
        the following:
                ``(i) In general.--No financial assistance''; and
            (B) by adding at the end the following:
                ``(ii) Liquidity.--On and after October 1, 2015, the
            Administrator may not guarantee a loan under this
            subsection if the lender determines that the borrower is
            unable to obtain credit elsewhere solely because the
            liquidity of the lender depends upon the guaranteed portion
            of the loan being sold on the secondary market.''; and
        (2) by adding at the end the following:
            ``(C) Lending limits of lenders.--On and after October 1,
        2015, the Administrator may not guarantee a loan under this
        subsection if the sole purpose for requesting the guarantee is
        to allow the lender to exceed the legal lending limit of the
        lender.''.
    (c) Reporting.--
        (1) Definitions.--In this subsection--
            (A) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (B) the term ``business loan'' means a loan made or
        guaranteed under section 7(a) of the Small Business Act (15
        U.S.C. 636(a));
            (C) the term ``cancellation'' means that the Administrator
        approves a proposed business loan, but the prospective borrower
        determines not to take the business loan; and
            (D) the term ``net dollar amount of business loans'' means
        the difference between the total dollar amount of business
        loans and the total dollar amount of cancellations.
        (2) Requirement.--During the 3-year period beginning on the
    date of enactment of this Act, the Administrator shall submit to
    Committee on Small Business and Entrepreneurship and the Committee
    on Appropriations of the Senate and the Committee on Small Business
    and the Committee on Appropriations of the House of Representatives
    a quarterly report regarding the loan programs carried out under
    section 7(a) of the Small Business Act (15 U.S.C. 636(a)), which
    shall include--
            (A) for the fiscal year during which the report is
        submitted and the 3 fiscal years before such fiscal year--
                (i) the weekly total dollar amount of business loans;
                (ii) the weekly total dollar amount of cancellations;
                (iii) the weekly net dollar amount of business loans--

                    (I) for all business loans; and
                    (II) for each category of loan amount described in
                clause (i), (ii), or (iii) of section 7(a)(18) of the
                Small Business Act (15 U.S.C. 636(a)(18));

            (B) for the fiscal year during which the report is
        submitted--
                (i) the amount of remaining authority for business
            loans, in dollar amount and as a percentage; and
                (ii) estimates of the date on which the net dollar
            amount of business loans will reach the maximum for such
            business loans based on daily net lending volume and
            extrapolations based on year to date net lending volume,
            quarterly net lending volume, and quarterly growth trends;
            (C) the number of early defaults (as determined by the
        Administrator) during the quarter covered by the report;
            (D) the total amount paid by borrowers in early default
        during the quarter covered by the report, as of the time of
        purchase of the guarantee;
            (E) the number of borrowers in early default that are
        franchisees;
            (F) the total amount of guarantees purchased by the
        Administrator during the quarter covered by the report; and
            (G) a description of the actions the Administrator is
        taking to combat early defaults administratively and any
        legislative action the Administrator recommends to address
        early defaults.

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was passed by the Senate on July 23, 2015. Veterans Entrepreneurship Act of 2015 Amends the Small Business Act to prohibit the Small Business Administration (SBA) from collecting a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or the spouse of a veteran on or after October 1, 2015, except during any upcoming fiscal year for which the President's budget, submitted to Congress, includes a cost for the Program that is above zero. Requires the SBA to assess for Congress the level of outreach to and consultation with female veterans regarding access to capital by women's business centers and Veterans Business Outreach Centers. Amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase the limit from $18.75 billion to $23.5 billion for FY2015 commitments for general business loans for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans. Amends the Small Business Act to prohibit the SBA, starting October 1, 2015, from guaranteeing a loan if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit.

Veterans Entrepreneurship Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Health Care Safety
Net Act of 2009''.

SEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED
              ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK
              ACCESS GRANTS.

    (a) Establishment of DSH Redistribution Pool From Unexpended
Medicaid DSH Allotments.--Subsection (f) of section 1923 of the Social
Security Act (42 U.S.C. 1396r-4) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new
        paragraph:
            ``(7) DSH redistribution pool from portion of unexpended
        dsh allotments to fund increase in allotments for low dsh
        states and health network access grants.--
                    ``(A) Establishment.--There is established a DSH
                redistribution pool in the amount provided under this
                paragraph. Such amount shall be determined by the
                Secretary at the beginning of each fiscal year and the
                Secretary may adjust such amount in subsequent fiscal
                years to take into account errors in estimates made for
                previous fiscal years. The amount in such pool shall be
                available for obligation and expenditure without fiscal
                year limitation.
                    ``(B) Addition of unexpended dsh allotments.--At
                the beginning of each fiscal year (beginning with
                fiscal year 2010), there shall be added to the DSH
                redistribution pool an amount equal to the amount by
                which--
                            ``(i) the total of the DSH allotments for
                        all States for the third preceding fiscal year;
                        exceeded
                            ``(ii) the total Federal financial
                        participation under this title attributable to
                        such allotments for such fiscal year.
                    ``(C) Reduction for expenditures resulting from
                increased allotments for low dsh states and for health
                network access grants.--At the beginning of each fiscal
                year (beginning with fiscal year 2011), there shall be
                subtracted from the DSH redistribution pool an amount
                equal to the sum of--
                            ``(i) the aggregate increase in Federal
                        financial participation under this title
                        attributable to the amendments made by section
                        2(b) of the Strengthening the Health Care
                        Safety Net Act of 2009 for the previous fiscal
                        year; and
                            ``(ii) the amount obligated on grants under
                        subsection (k) for such previous fiscal
                        year.''.
    (b) Increase in DSH Allotments for Low DSH States; Qualification of
Low DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of
such section is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``and'' at the end of clause (ii);
                    (B) in clause (iii)--
                            (i) by striking ``2009'' and inserting
                        ``2015'';
                            (ii) by inserting ``, subject to
                        subparagraph (D),'' after ``shall be''; and
                            (iii) by redesignating such clause as
                        clause (iv); and
                    (C) by inserting after clause (ii) the following
                new clause:
                            ``(iii) each succeeding fiscal year before
                        fiscal year 2015 shall be, subject to
                        subparagraph (D), the DSH allotment for the
                        State for the previous fiscal year increased by
                        16 percent; and''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(C) Additional states covered for fiscal year
                2010 and subsequent years.--In the case of a State not
                described in subparagraph (B) in which the total
                expenditures under the State plan (including Federal
                and State shares) for disproportionate share hospital
                adjustments under this section for fiscal year 2005, as
                reported to the Administrator of the Centers for
                Medicare & Medicaid Services as of August 31, 2008, is
                greater than 0 but less than 3 percent of the State's
                total amount of expenditures under the State plan for
                medical assistance during the fiscal year, the DSH
                allotment for the State with respect to--
                            ``(i) fiscal year 2010 and any succeeding
                        fiscal year before fiscal year 2015 shall be,
                        subject to subparagraph (D), the DSH allotment
                        for the State for the previous fiscal year
                        increased by 16 percent; and
                            ``(ii) any subsequent fiscal year shall be,
                        subject to subparagraph (D), the DSH allotment
                        for the State for the previous fiscal year
                        subject to an increase for inflation as
                        provided in paragraph (3)(A).
                    ``(D) Limitation on increases to amount available
                from dsh redistribution pool.--If the Secretary
                estimates for a fiscal year (beginning with fiscal year
                2010) that--
                            ``(i) the amount of additional expenditures
                        in the fiscal year resulting from the
                        application of an increase in DSH allotments
                        under subparagraphs (B) and (C) beginning with
                        fiscal year 2010 of 16 percent (instead of the
                        application of an increase for inflation as
                        provided in paragraph (3)(A)), exceeds
                            ``(ii) the amount available for obligation
                        from the DSH redistribution pool under
                        paragraph (7) for the fiscal year,
                the Secretary shall reduce the increase in the DSH
                allotments otherwise provided under such subparagraphs
                for the fiscal year in a pro-rata manner so that the
                amount of additional expenditures in the fiscal year
                resulting from the application of such subparagraphs is
                equal to the amount described in clause (ii) for the
                fiscal year. A reduction in a DSH allotment for a State
                under this subparagraph shall not affect the
                computation of the DSH allotment for the State under
                subparagraph (B) or (C) for the subsequent fiscal
                year.''.
    (c) Demonstration Grants to Health Access Networks.--Such section
is further amended by adding at the end the following new subsection:
    ``(k) Demonstration Grants to Health Access Networks.--
            ``(1) In general.--From the amount of funds made available
        under paragraph (6)(A) of this subsection from funds made
        available under subsection (d)(7) for a fiscal year, the
        Secretary shall award demonstration grants under this
        subsection to health access networks for such fiscal year for
        the purpose of improving access, quality, and continuity of
        care for uninsured individuals through better coordination of
        care by the network.
            ``(2) Health access network defined.--
                    ``(A) In general.--In this subsection, the term
                `health access network' means an entity representing a
                collection of safety net providers, including
                hospitals, community health centers, public health
                departments, physicians, safety net health plans,
                federally qualified health centers, or other recognized
                safety net providers, that--
                            ``(i) is organized for the purpose of
                        restructuring and improving the access,
                        quality, and continuity of care to the
                        uninsured and underinsured; and
                            ``(ii) offers patients access to all levels
                        of care, including primary, outpatient,
                        specialty, certain ancillary services, and
                        acute inpatient care, within a community or
                        across a broad spectrum of providers across a
                        service region or State.
                    ``(B) Inclusion of section 330 networks and
                plans.--Such term includes networks and plans that meet
                the requirements for funding under section 330(e)(1)(C)
                of the Public Health Service Act (42 U.S.C.
                254b(e)(1)(C)).
                    ``(C) Inclusion of integrated health care
                systems.--
                            ``(i) In general.--Such term also includes
                        an integrated health care system (including a
                        pediatric system).
                            ``(ii) Definition.--For purposes of this
                        subparagraph, the term `integrated health care
                        system (including a pediatric system)' means a
                        health care provider that--
                                    ``(I) is organized to provide care
                                in a coordinated fashion; and
                                    ``(II) assures access to a full
                                range of primary, specialty, and
                                hospital care, to uninsured and under-
                                insured individuals, as appropriate.
            ``(3) Application and plan requirement.--
                    ``(A) In general.--In order to be eligible for a
                grant under this subsection, a health access network
                shall--
                            ``(i) submit an application, in such form
                        and manner as the Secretary shall specify;
                            ``(ii) submit with such application a plan
                        that meets the requirements of subparagraph
                        (B);
                            ``(iii) identify in such plan measurable
                        performance targets for at least 3 of the goals
                        described in subparagraph (B); and
                            ``(iv) agree that a portion of the payment
                        of grant funds for patient care services after
                        the first year for which such payment is made
                        shall be contingent upon the health access
                        network demonstrating success in achieving such
                        targets.
                    ``(B) Plan requirements.--A health access network
                that desires a grant under this subsection shall submit
                a plan to the Secretary that details how the network
                intends through the grant--
                            ``(i) to manage costs associated with the
                        provision of health care services to uninsured
                        and underinsured individuals served by the
                        network;
                            ``(ii) to improve access to, and the
                        availability of, health care services provided
                        to uninsured and underinsured individuals
                        served by the network;
                            ``(iii) to enhance the quality and
                        coordination of health care services provided
                        to uninsured and underinsured individuals
                        served by the network;
                            ``(iv) to improve the health status of
                        uninsured and underinsured individuals served
                        by the network; and
                            ``(v) to reduce health disparities in the
                        population of uninsured and underinsured
                        individuals served by the network.
                Nothing in this paragraph shall be construed as
                requiring a health access network operating in a State
                to operate on a statewide basis or otherwise to serve
                all uninsured and underinsured individuals in area
                served.
                    ``(C) Authority to limit number of grants.--In
                awarding grants under this subsection, the Secretary
                may limit the grants in a manner so that each grantee
                is able to provide patient care services to the number
                of uninsured individuals specified by each network in
                its grant application.
            ``(4) Use of funds.--
                    ``(A) In general.--A health access network that
                receives funds under a grant under this subsection
                shall expend an amount equal to at least 90 percent of
                such funds for the provision of (or payment for) direct
                patient care services.
                    ``(B) Rule of construction regarding direct patient
                care services.--For purposes of subparagraph (A), the
                term `direct patient care services' means, with respect
                to a health access network, services, such as specialty
                medical care and diagnostic services, that are not
                available or are insufficiently available through the
                network's providers other than under a grant under this
                subsection.
                    ``(C) Preference for services through safety net
                providers.--In purchasing direct patient care services
                for uninsured and underinsured individuals under a
                grant under this subsection, health access networks
                shall, to the maximum extent feasible, endeavor to
                purchase such services from safety net providers.
            ``(5) Supplement, not supplant.--Funds paid to a health
        access network under a grant under this subsection shall
        supplement and not supplant, other Federal or State payments
        that are made to the network to support the provision of health
        care services to low-income or uninsured patients.
            ``(6) Funding.--
                    ``(A) Availability of funds from dsh redistribution
                pool.--To carry out this subsection there is hereby
                made available for each fiscal year (beginning with
                fiscal year 2010 and ending with fiscal year 2014) and
                appropriated from the DSH redistribution pool
                established under subsection (d)(7), an amount equal
                to--
                            ``(i) the amount available for obligation
                        from such pool in such fiscal year, reduced by
                            ``(ii) the Secretary's estimate of the
                        aggregate increase in Federal financial
                        participation under this title for the fiscal
                        year that will be attributable to the
                        amendments made by section 2(b) of the
                        Strengthening the Health Care Safety Net Act of
                        2009.
                    ``(B) Treatment of grant funds.--Payments to a
                health access network under a grant under this
                subsection shall not be treated as a disproportionate
                share hospital payment adjustments under this section
                and shall not be counted against the DSH allotment for
                any State.
                    ``(C) No state matching required.--Nothing in this
                subsection shall be construed as requiring a State to
                provide for any State matching funds to receive funds
                under this subsection.
                    ``(D) Availability.--The amount of any grant to a
                health access network under this subsection shall
                remain available for expenditure under the grant
                through the end of the third fiscal year after the
                fiscal year in which the grant is made.''.
    (d) Conforming Date of Application of DSH Hospital Requirement to
Availability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii)
of such section is amended by inserting before the period at the end
the following: ``(or, in the case of a low DSH State described in
subparagraph (B) or (C) of subsection (f)(5), the date of the enactment
of the Strengthening the Safety Net Act of 2009)''.
    (e) Reporting Using Unified Reporting Document.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Health and Human Services shall develop a unified reporting document
for all disproportionate share hospital (DSH) allocations and
expenditures under section 1923 of the Social Security Act. Beginning
in fiscal year 2010 each State receiving a DSH allocation under such
section shall be required by the Secretary to report all expenditures
against the allocation using such unified reporting document. This
requirement shall apply to States regardless of whether the DSH
expenditures occur through a waiver.
    (f) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2010.

Summary: Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks.

To amend title XIX of the Social Security Act to provide for a DSH redistribution pool from unexpended Medicaid DSH allotments in order to increase Medicaid DSH allotments for low DSH States and to provide grants for health access networks serving the uninsured.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Accountability and Innovative
Research Drug Pricing Act of 2016''.

SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:

            ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND

``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.

    ``(a) Definitions.--In this section:
            ``(1) Average manufacturer price.--The term `average
        manufacturer price' has the meaning given the term in section
        1927(k)(1) of the Social Security Act (42 U.S.C. 1396r-
        8(k)(1)).
            ``(2) Manufacturer.--The term `manufacturer' means the
        person--
                    ``(A) that holds the application for a drug
                approved under section 505 of the Federal Food, Drug,
                and Cosmetic Act or the license issued under section
                351 of the Public Health Service Act; or
                    ``(B) who is responsible for setting the price for
                the drug.
            ``(3) Qualifying drug.--The term `qualifying drug' means
        any drug that is approved under subsection (c) or (j) of
        section 505 of the Federal Food, Drug, and Cosmetic Act or
        licensed under subsection (a) or (k) of section 351 of this
        Act--
                    ``(A) that is--
                            ``(i)(I) subject to section 503(b)(1) of
                        the Federal Food, Drug, and Cosmetic Act; or
                            ``(II) commonly administered by hospitals
                        (as determined by the Secretary);
                            ``(ii) not designated as a drug for a rare
                        disease or condition under section 526 of the
                        Federal Food, Drug, and Cosmetic Act; and
                            ``(iii) not designated by the Secretary as
                        a vaccine; and
                    ``(B) for which, during the previous calendar year,
                at least 1 dollar of the total amount of sales were for
                individuals enrolled under the Medicare program under
                title XVIII of the Social Security Act (42 U.S.C. 1395
                et seq.) or under a State Medicaid plan under title XIX
                of such Act (42 U.S.C. 1396 et seq.) or under a waiver
                of such plan.
    ``(b) Report.--
            ``(1) Report required.--The manufacturer of a qualifying
        drug shall submit a report to the Secretary for each price
        increase of a qualifying drug that will result in an increase
        in the average manufacturer price of that drug that is equal to
        10 percent or more over a 12-month period.
            ``(2) Report deadline.--Each report described in paragraph
        (1) shall be submitted to the Secretary not later than 30 days
        prior to the planned effective date of such price increase.
    ``(c) Contents.--A report under subsection (b) shall, at a minimum,
include--
            ``(1) with respect to the qualifying drug--
                    ``(A) the percentage by which the manufacturer will
                raise the average manufacturer price of the drug on the
                planned effective date of such price increase;
                    ``(B) a justification for, and description of, each
                manufacturer's price increase that occurred during the
                12-month period described in subsection (b)(1);
                    ``(C) the identity of the initial developer of the
                drug;
                    ``(D) a description of the history of the
                manufacturer's price increases for the drug since the
                approval of the application for the drug under section
                505 of the Federal Food, Drug, and Cosmetic Act or the
                issuance of the license for the drug under section 351,
                or since the manufacturer acquired such approved
                application or license;
                    ``(E) the current list price of the drug;
                    ``(F) the total expenditures of the manufacturer
                on--
                            ``(i) materials and manufacturing for such
                        drug; and
                            ``(ii) acquiring patents and licensing for
                        such drug;
                    ``(G) the percentage of total expenditures of the
                manufacturer on research and development for such drug
                that was derived from Federal funds;
                    ``(H) the total expenditures of the manufacturer on
                research and development for such drug that is used
                for--
                            ``(i) basic and preclinical research;
                            ``(ii) clinical research;
                            ``(iii) new drug development;
                            ``(iv) pursuing new or expanded indications
                        for such drug through supplemental applications
                        under section 505 of the Federal Food, Drug,
                        and Cosmetic Act; and
                            ``(v) carrying out postmarket requirements
                        related to such drug, including those under
                        section 505(o)(3) of such Act;
                    ``(I) the total revenue and the net profit
                generated from the qualifying drug for each calendar
                year since the approval of the application for the drug
                under section 505 of the Federal Food, Drug, and
                Cosmetic Act or the issuance of the license for the
                drug under section 351, or since the manufacturer
                acquired such approved application or license; and
                    ``(J) the total costs associated with marketing and
                advertising for the qualifying drug;
            ``(2) with respect to the manufacturer--
                    ``(A) the total revenue and the net profit of the
                manufacturer for the 12-month period described in
                subsection (b)(1);
                    ``(B) the amount the manufacturer has spent on
                dividends and stock repurchases and the specific
                metrics used by the manufacturer to determine executive
                compensation, including any stock-based performance
                metrics, for the 12-month period described in
                subsection (b)(1); and
                    ``(C) any additional information the manufacturer
                chooses to provide related to drug pricing decisions,
                such as total expenditures on--
                            ``(i) drug research and development; or
                            ``(ii) clinical trials on drugs that failed
                        to receive approval by the Food and Drug
                        Administration; and
            ``(3) such other related information as the Secretary
        considers appropriate.
    ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that
fails to submit a report for the drug as required by this section shall
be subject to a civil penalty of $100,000 for each day on which the
violation continues.
    ``(e) Compliance Determinations.--In determining whether a
manufacturer may have been required to submit a report under this
section, and otherwise making determinations about manufacturer
compliance with the requirements of this section, the Inspector General
of the Department of Health and Human Services shall annually review
and consider the average manufacturer price information submitted under
section 447.510 of title 42, Code of Federal Regulations, or any
successor regulations.
    ``(f) Public Posting.--
            ``(1) In general.--Subject to paragraph (3), not later than
        30 days after the submission of a report under subsection (b),
        the Secretary shall post the report on the public Web site of
        the Department of Health and Human Services.
            ``(2) Format.--In developing the format of such report for
        public posting, the Secretary shall consult stakeholders,
        including beneficiary groups, and shall seek feedback on the
        content and format from consumer advocates and readability
        experts to ensure such public reports are user-friendly to the
        public and are written in plain language that consumers can
        readily understand.
            ``(3) Trade secrets and confidential information.--In
        carrying out this section the Secretary shall ensure the
        protection of confidential commercial information and trade
        secrets.''.

``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.

    ``The Secretary shall collect the civil penalties under section
399OO, in addition to any other amounts available, and without further
appropriation, and shall use such funds to carry out activities
described in this part and to improve consumer and provider information
about drug value and drug price transparency.

``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.

    ``(a) In General.--Subject to subsection (b), the Secretary shall
submit to Congress, and post on the public Web site of the Department
of Health and Human Services in a way that is easy to use and
understand, an annual report--
            ``(1) summarizing the information reported pursuant to
        section 399OO; and
            ``(2) including copies of the reports and supporting
        detailed economic analyses submitted pursuant to such section.
    ``(b) Trade Secrets and Confidential Information.--In carrying out
this section the Secretary shall ensure the protection of confidential
commercial information and trade secrets.''.

Summary: Fair Accountability and Innovative Research Drug Pricing Act of 2016 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products to report to the Department of Health and Human Services (HHS) price increases that result in a 10 or more increase in the price of a drug over a 12-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Manufacturers that do not submit a required report are subject to a civil penalty. The Inspector General of HHS must review drug price information to determine compliance. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biennial Commission on Energy Policy
Act of 2013''.

SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.

    (a) In General.--Title VIII of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended by striking sections 801
and 802 and inserting the following new sections:

``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.

    ``(a) Establishment.--There is established a commission to be known
as the `Biennial Commission on Energy Policy' (in this title referred
to as the `Commission').
    ``(b) Membership.--
            ``(1) Number and appointment.--The Commission shall be
        composed of 15 members appointed in the following manner--
                    ``(A) The President shall appoint 3 members.
                    ``(B) The Speaker of the House of Representatives
                shall appoint 3 members.
                    ``(C) The minority leader of the House of
                Representatives shall appoint 3 members.
                    ``(D) The majority leader of the Senate shall
                appoint 3 members.
                    ``(E) The minority leader of the Senate shall
                appoint 3 members.
            ``(2) Deadline for appointment.--Members of the Commission
        shall be appointed not later 30 days after the first day of the
        first session of the 114th Congress.
            ``(3) Terms.--Members shall be appointed for a term of 2
        years.
            ``(4) Consultation.--The President and Members of Congress
        specified in paragraph (1) shall consult with each other before
        appointing members to the Commission to achieve, to the maximum
        extent practicable, a diversity of experience and expertise in
        the membership of the Commission.
            ``(5) Vacancies.--Any vacancy on the Commission shall not
        affect its powers, but shall be filled in the same manner in
        which the original appointment was made. A member appointed to
        fill a vacancy occurring before the expiration of the term for
        which such member's predecessor was appointed shall be
        appointed for the remainder of that term.
            ``(6) Qualifications.--Each member appointed to the
        Commission shall have professional experience in 1 or more of
        the following areas:
                    ``(A) Governmental service.
                    ``(B) Energy production.
                    ``(C) Renewable energy resource development.
                    ``(D) Energy law.
                    ``(E) Public administration.
                    ``(F) Fossil fuel production.
                    ``(G) Energy efficiency.
                    ``(H) Environmental policy.
                    ``(I) Labor.
                    ``(J) Workplace safety.
                    ``(K) Commerce and trade.
                    ``(L) Corporate policies.
                    ``(M) Infrastructure.
                    ``(N) Foreign affairs.
            ``(7) Political affiliation.--Not more than 8 members of
        the Commission shall be affiliated with the same political
        party.
            ``(8) Restriction on government employees.--No individual
        may serve as a member of the Commission while employed as an
        officer or employee of the Federal Government or any State or
        local government.
            ``(9) Basic pay.--Each member of the Commission shall be
        compensated at a rate equal to the daily equivalent of the
        annual rate of basic pay prescribed for level IV of the
        Executive Schedule for each day (including travel time) during
        which the member is engaged in the performance of the duties of
        the Commission.
            ``(10) Travel expenses.--Each member of the Commission
        shall receive travel expenses, including per diem in lieu of
        subsistence, in accordance with applicable provisions under
        subchapter I of chapter 57 of title 5, United States Code.
    ``(c) Structure of Commission.--
            ``(1) Commencement.--The Commission shall meet and begin
        operations not later than 30 days after the date on which all
        members of the Commission have been appointed.
            ``(2) Chairperson; vice chairperson.--The chairperson and
        vice chairperson of the Commission shall be selected by the
        members.
            ``(3) Subcommittees.--Upon majority vote of the members,
        the Commission may create subcommittees composed of less than
        the full membership of the Commission to carry out specified
        duties of the Commission.
            ``(4) Quorum.--Six members of the Commission shall
        constitute a quorum.
            ``(5) Meetings.--
                    ``(A) In general.--After its initial meeting, the
                Commission shall meet upon the call of the chairperson
                or a majority of its members.
                    ``(B) Stakeholder meetings.--The Commission shall
                conduct a quarterly meeting of stakeholders to assist
                the Commission in carrying out its duties. The first
                meeting shall be held not later than 90 days after the
                date on which all members of the Commission have been
                appointed. Subsequent meetings shall be held until the
                Commission submits its final report.
                    ``(C) Attendance at stakeholder meetings.--Members
                shall be encouraged to attend stakeholder meetings held
                pursuant to subparagraph (B) either in person or via
                teleconference.

``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall carry out the tasks
        described in paragraph (2) and make recommendations for
        legislative and administrative actions to create an integrated
        and comprehensive energy policy for the United States.
            ``(2) Tasks.--To carry out paragraph (1), the Commission
        shall--
                    ``(A) analyze the accessibility, affordability,
                reliability, resiliency, and sustainability of the
                energy sources in the United States, including coal,
                oil, natural gas, wind, solar, nuclear, hydropower,
                geothermal, and biofuels;
                    ``(B) assess policy options to increase domestic
                energy supplies and energy efficiency;
                    ``(C) evaluate energy storage, transmission, and
                distribution requirements that shall include
                intermittent energy sources;
                    ``(D) analyze the prospective role of stakeholders,
                including academia, industry representatives, the
                public, Federal laboratories (as defined in section 4
                of the Stevenson-Wydler Technology Innovation Act of
                1980 (15 U.S.C. 3703)), and Federal agencies in
                creating an integrated and comprehensive energy policy;
                    ``(E) assess the effectiveness of and need for
                energy programs, including tax incentives, funding
                mechanisms, and energy subsidies;
                    ``(F) make recommendations for changes to the
                organization of executive branch entities to facilitate
                the development and implementation of national energy
                objectives;
                    ``(G) study relevant matters, as determined by the
                Commission, raised at the stakeholder meetings
                described in section 801(c)(5)(B); and
                    ``(H) study other relevant matters as determined by
                the Commission.
            ``(3) Materials studied.--The Commission shall review
        materials on energy, including--
                    ``(A) enacted and proposed Federal and State laws,
                regulations, policies, and programs;
                    ``(B) information developed by relevant
                governmental and nongovernmental agencies, including
                Federal laboratories;
                    ``(C) scientific and technical literature and
                publications; and
                    ``(D) studies conducted by other entities.
    ``(b) Reports.--
            ``(1) Progress reports.--Not later than July 1 of the first
        and third year of each Presidential term, the Commission shall
        submit progress reports to Congress describing the activities
        of the Commission and a summary of the information gathered
        pursuant to subsection (a).
            ``(2) In general.--Not later than July 1 of the second and
        fourth year of each Presidential term, the Commission shall
        submit to Congress a report that shall include--
                    ``(A) the findings and conclusions of the
                Commission based on tasks carried out pursuant to
                subsection (a)(2); and
                    ``(B) recommendations for legislative and
                administrative actions described in subsection (a)(1).
            ``(3) Publication.--Reports submitted pursuant to paragraph
        (2) shall be made publicly available via a website.
    ``(c) Powers.--
            ``(1) Hearings and sessions.--The Commission may, for the
        purpose of carrying out this section, hold hearings, sit and
        act at times and places, take testimony, and receive evidence
        as the Commission considers appropriate. The Commission may
        administer oaths or affirmations to witnesses appearing before
        it.
            ``(2) Powers of subcommittees.--Any subcommittee created
        pursuant to section 801(c)(3) may, if authorized by the
        Commission, take any action which the Commission is authorized
        to take by this title.
            ``(3) Gifts.--The Commission may accept, use, and dispose
        of gifts or donations of services or property.
            ``(4) Postal services.--The Commission may use the United
        States mails in the same manner and under the same conditions
        as Federal departments and agencies.
            ``(5) Contract authority.--To the extent or in the amounts
        provided in advance in appropriation Acts, the Commission may
        contract with government and private agencies or persons for
        the purpose of carrying out this section, without regard to
        section 3709 of the Revised Statutes (41 U.S.C. 5).
            ``(6) Obtaining official data.--The Commission may secure
        directly from any department or agency of the United States
        information necessary to enable it to carry out this title.
        Upon request of the chairperson, vice chairperson, or a
        subcommittee of the Commission, the head of such department or
        agency shall furnish such information to the Commission.

``SEC. 803. PERSONNEL MATTERS.

    ``(a) Executive Director and Staff.--The chairperson of the
Commission may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, appoint
and terminate an executive director and not more than five additional
staff members. The employment of an executive director shall be subject
to confirmation by the Commission.
    ``(b) Pay.--The chairperson of the Commission may fix the
compensation of the executive director and staff without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General Schedule pay
rates, except that an individual appointed under paragraph (1) may not
receive pay in excess of the annual rate of basic pay for level V of
the Executive Schedule.
    ``(c) Detail of Government Employees.--Upon request of the
chairperson of the Commission, the head of any department or agency of
the Federal Government may detail, on a nonreimbursable basis, any
personnel of the department or agency to the Commission to assist the
Commission in carrying out its duties.
    ``(d) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5316 of such title.

``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $3,000,000 to the
Secretary of Energy, without fiscal year limitation, to carry out this
title.''.
    (b) Table of Contents Amendments.--The table of contents of such
Act is amended by striking the items relating to sections 801 and 802
and inserting the following:

``801. Biennial Commission on Energy Policy.
``802. Duties and powers of the Commission.
``803. Personnel matters.
``804. Authorization of appropriations.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the first day
of the first session of the 114th Congress.

Summary: Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels. (2) assess policy options to increase domestic energy supplies and energy efficiency. (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources. (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies. (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies. And (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives.


SECTION 1. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS.

    (a) In General.--Paragraph (4) of section 401(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
            ``(4) Nondiscrimination.--
                    ``(A) In general.--A trust shall not constitute a
                qualified trust under this section unless the
                contributions or benefits provided under the plan do
                not discriminate in favor of highly compensated
                employees (within the meaning of section 414(q)). For
                purposes of this paragraph, there shall be excluded
                from consideration employees described in section
                410(b)(3) (A) and (C).
                    ``(B) Protection of older, longer service
                participants.--
                            ``(i)(I) A defined benefit plan described
                        in subclause (II) shall not fail to satisfy
                        this paragraph with respect to plan benefits,
                        rights, or features by reason of--
                                    ``(aa) the composition of the
                                closed class of participants described
                                in subclause (II), or
                                    ``(bb) the benefits, rights, or
                                features provided to such closed class.
                            ``(II) A plan is described in this
                        subclause if--
                                    ``(aa) the plan provides benefits,
                                rights, or features to a closed class
                                of participants,
                                    ``(bb) such closed class and such
                                benefits, rights, and features satisfy
                                the requirements of subparagraph (A)
                                (without regard to this clause) as of
                                the date that the class was closed, and
                                    ``(cc) after the date as of which
                                the class was closed, any plan
                                amendments that modify the closed class
                                or the benefits, rights, and features
                                provided to such closed class satisfy
                                subparagraph (A) (without regard to
                                this clause).
                        If a plan amendment causes a plan to cease to
                        be described in this subclause (II) by reason
                        of subclause (II)(cc), the plan is nevertheless
                        described in this subclause (II) if such plan
                        satisfies this subclause (II) (without regard
                        to subclause (II)(cc)) as of the effective date
                        of such amendment. In such cases, subclause
                        (II)(bb) and (cc) shall subsequently be applied
                        by reference to the effective date of the plan
                        amendment, rather than by reference to the
                        original date that the class was closed.
                            ``(ii)(I) A defined contribution plan
                        described in subclause (II) shall be permitted
                        to be tested on a benefits basis.
                            ``(II) A defined contribution plan is
                        described in this subclause if--
                                    ``(aa) the plan provides make-whole
                                contributions to a closed class of
                                participants whose defined benefit plan
                                accruals have been reduced or
                                eliminated,
                                    ``(bb) such closed class of
                                participants satisfies section
                                410(b)(2)(A)(i) as of the date that the
                                class of participants was closed, and
                                    ``(cc) after the date as of which
                                the class was closed, any plan
                                amendments that modify the closed class
                                or the allocations, benefits, rights,
                                and features provided to such closed
                                class satisfy subparagraph (A) (without
                                regard to this clause).
                        If a plan amendment causes a plan to cease to
                        be described in this subclause (II) by reason
                        of subclause (II)(cc), the plan is nevertheless
                        described in this subclause (II) if such plan
                        satisfies this subclause (II) (without regard
                        to subclause (II)(cc)) as of the effective date
                        of such amendment. In such cases, subclause
                        (II)(bb) and (cc) shall subsequently be applied
                        by reference to the effective date of the plan
                        amendment, rather than by reference to the
                        original date that the class was closed.
                            ``(III) In addition to other testing
                        methodologies otherwise applicable, for
                        purposes of determining compliance with this
                        paragraph and with section 410(b) of the
                        portion of one or more defined contribution
                        plans described in subclause (II) that provide
                        make-whole contributions, such portion of such
                        plans may be aggregated and tested on a
                        benefits basis with the portion of one or more
                        defined contribution plans that--
                                    ``(aa) provides matching
                                contributions (as defined in subsection
                                (m)(4)(A)), or
                                    ``(bb) consists of an employee
                                stock ownership plan within the meaning
                                of section 4975(e)(7) or a tax credit
                                employee stock ownership plan within
                                the meaning of section 409(a).
                        For such purposes, matching contributions shall
                        be treated in the same manner as employer
                        contributions that are made without regard to
                        whether an employee makes an elective
                        contribution or employee contribution,
                        including for purposes of applying the rules of
                        subsection (l).
                    ``(C) Definitions.--For purposes of this
                paragraph--
                            ``(i) Make-whole contributions.--The term
                        `make-whole contributions' means allocations
                        for each employee in the class that are
                        reasonably calculated, in a consistent manner,
                        to replace some or all of the retirement
                        benefits that the employee would have received
                        under the defined benefit plan and any other
                        plan or arrangement if the employee had
                        continued to benefit at the same level under
                        such defined benefit plan and such other plan
                        or arrangement.
                            ``(ii) References to closed class of
                        participants.--References to a closed class of
                        participants and similar references to a closed
                        class shall include arrangements under which
                        one or more classes of participants are closed.
                    ``(D) Protecting grandfathered participants in
                defined benefit plans.--
                            ``(i) One or more defined benefit plans
                        described in clause (ii) shall be permitted to
                        be tested on a benefits basis with one or more
                        defined contribution plans.
                            ``(ii) A defined benefit plan is described
                        in this clause if--
                                    ``(I) the plan provides benefits to
                                a closed class of participants,
                                    ``(II) the plan and such benefits
                                satisfy the requirements of
                                subparagraph (A) (without regard to
                                this subparagraph) as of the date the
                                class was closed, and
                                    ``(III) after the date as of which
                                the class was closed, any plan
                                amendments that modify the closed class
                                or the benefits provided to such closed
                                class satisfy subparagraph (A) (without
                                regard to this subparagraph).
                        If a plan amendment causes a plan to cease to
                        be described in this clause (ii) by reason of
                        subclause (III), the plan is nevertheless
                        described in this clause (ii) if such plan
                        satisfies this clause (ii) (without regard to
                        subclause (III)) as of the effective date of
                        such amendment. In such cases, subclauses (II)
                        and (III) shall subsequently be applied by
                        reference to the effective date of the plan
                        amendment, rather than by reference to the
                        original date that the class was closed.
                            ``(iii) In addition to other testing
                        methodologies otherwise applicable, for
                        purposes of determining compliance with this
                        paragraph and with section 410(b) of one or
                        more defined benefit plans described in clause
                        (ii), such plans may be aggregated and tested
                        on a benefits basis with the portion of one or
                        more defined contribution plans that--
                                    ``(I) provides matching
                                contributions (as defined in subsection
                                (m)(4)(A)), or
                                    ``(II) consists of an employee
                                stock ownership plan within the meaning
                                of section 4975(e)(7) or a tax credit
                                employee stock ownership plan within
                                the meaning of section 409(a).
                        For such purposes, matching contributions shall
                        be treated in the same manner as employer
                        contributions that are made without regard to
                        whether an employee makes an elective
                        contribution or employee contribution,
                        including for purposes of applying the rules of
                        subsection (l).
                    ``(E) Rules.--The Secretary may prescribe rules
                designed to prevent abuse of the plan designs otherwise
                permitted by reason of subparagraphs (B) and (D). Such
                rules shall be directed towards abuses under which the
                defined benefit plan was established within a specified
                period prior to the date that--
                            ``(i) the class of participants described
                        in subparagraphs (B)(i)(II)(aa),
                        (B)(ii)(II)(aa), and (D)(ii)(I) is closed, or
                            ``(ii) the defined benefit plan accruals
                        have been reduced or eliminated, in the case of
                        the make-whole contributions described in
                        subparagraph (C).
                    ``(F) Transition rules.--Within one year after the
                date of enactment of the Retirement Plan Simplification
                and Enhancement Act of 2013, the Secretary shall
                prescribe rules that facilitate the use of the
                provisions of subparagraphs (B) and (D) without regard
                to--
                            ``(i) whether the closing of the class of
                        participants referred to in such subparagraphs
                        occurred before or after such date of
                        enactment, or
                            ``(ii) plan amendments that were adopted or
                        effective before such date of enactment and
                        that would not have been necessary if
                        subparagraphs (B) and (D) had been in
                        effect.''.
    (b) Participation Requirements.--Paragraph (26) of section 401(a)
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
                    ``(I) Protected participants.--A plan described in
                this subparagraph shall be deemed to satisfy the
                requirements of subparagraph (A). A plan is described
                in this paragraph if--
                            ``(i) the plan is amended to--
                                    ``(I) cease all benefit accruals,
                                or
                                    ``(II) provide future benefit
                                accruals only to a closed class of
                                participants, and
                            ``(ii) the plan satisfies subparagraph (A)
                        (without regard to this subparagraph) as of the
                        effective date of the amendment.
                The Secretary may prescribe such rules as are necessary
                or appropriate to fulfill the purposes of this
                subparagraph, including prevention of abuse of this
                subparagraph in the case of plans established within a
                specific period prior to the effective date of the
                amendment.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, without regard to
whether any plan modifications referenced in such amendments are
adopted or effective before, on, or after such date of enactment.

Summary: Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants undernbsp, defined benefit plans.

To amend the nondiscrimination provisions of the Internal Revenue Code of 1986 to protect older, longer service participants.