SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Job Creation and Energy Efficiency
Act''.

SEC. 2. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING
              BUILDINGS.

    Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et
seq.) is amended by adding at the end the following:

``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Credit support.--The term `credit support' means a
        guarantee or commitment to issue a guarantee or other forms of
        credit enhancement to ameliorate risks for efficiency
        obligations.
            ``(2) Efficiency obligation.--The term `efficiency
        obligation' means a debt or repayment obligation incurred in
        connection with financing a project, or a portfolio of such
        debt or repayment obligations.
            ``(3) Project.--The term `project' means the installation
        and implementation of efficiency, advanced metering,
        distributed generation, or renewable energy technologies and
        measures for a building (or for multiple buildings on a given
        property) that are expected to increase the energy efficiency
        of the building (including fixtures) in accordance with
        criteria established by the Secretary.
    ``(b) Eligible Projects.--
            ``(1) In general.--Notwithstanding sections 1703 and 1705,
        the Secretary may provide credit support under this section, in
        accordance with section 1702.
            ``(2) Inclusions.--Buildings eligible for credit support
        under this section include commercial, multifamily residential,
        industrial, municipal, government, institution of higher
        education, school, and hospital facilities that satisfy
        criteria established by the Secretary.
    ``(c) Guidelines.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Secretary shall--
                    ``(A) establish guidelines for credit support
                provided under this section;
                    ``(B) publish the guidelines in the Federal
                Register; and
                    ``(C) provide for an opportunity for public comment
                on the guidelines.
            ``(2) Requirements.--The guidelines established by the
        Secretary under this subsection shall include--
                    ``(A) standards for assessing the energy savings
                that could reasonably be expected to result from a
                project;
                    ``(B) examples of financing mechanisms (and
                portfolios of such financing mechanisms) that qualify
                as efficiency obligations;
                    ``(C) the threshold levels of energy savings that a
                project, at the time of issuance of credit support,
                shall be reasonably expected to achieve to be eligible
                for credit support;
                    ``(D) the eligibility criteria the Secretary
                determines to be necessary for making credit support
                available under this section; and
                    ``(E) notwithstanding subsections (d)(3) and
                (g)(2)(B) of section 1702, any lien priority
                requirements that the Secretary determines to be
                necessary, in consultation with the Director of the
                Office of Management and Budget, which may include--
                            ``(i) mechanisms to preserve prior lien
                        positions of mortgage lenders and other
                        creditors in buildings eligible for credit
                        support;
                            ``(ii) remedies available to the Secretary
                        under chapter 176 of title 28, United States
                        Code, in the event of default on the efficiency
                        obligation by the borrower; and
                            ``(iii) measures to limit the exposure of
                        the Secretary to financial risk in the event of
                        default, such as--
                                    ``(I) the collection of a credit
                                subsidy fee from the borrower as a loan
                                loss reserve, taking into account the
                                limitation on credit support under
                                subsection (d);
                                    ``(II) minimum debt-to-income
                                levels of the borrower;
                                    ``(III) minimum levels of value
                                relative to outstanding mortgage or
                                other debt on a building eligible for
                                credit support;
                                    ``(IV) allowable thresholds for the
                                percent of the efficiency obligation
                                relative to the amount of any mortgage
                                or other debt on an eligible building;
                                    ``(V) analysis of historic and
                                anticipated occupancy levels and rental
                                income of an eligible building;
                                    ``(VI) requirements of third-party
                                contractors to guarantee energy savings
                                that will result from a retrofit
                                project, and whether financing on the
                                efficiency obligation will amortize
                                from the energy savings;
                                    ``(VII) requirements that the
                                retrofit project incorporate protocols
                                to measure and verify energy savings;
                                and
                                    ``(VIII) recovery of payments
                                equally by the Secretary and the
                                retrofit.
            ``(3) Efficiency obligations.--The financing mechanisms
        qualified by the Secretary under paragraph (2)(B) may include--
                    ``(A) loans, including loans made by the Federal
                Financing Bank;
                    ``(B) power purchase agreements, including energy
                efficiency power purchase agreements;
                    ``(C) energy services agreements, including energy
                performance contracts;
                    ``(D) property assessed clean energy bonds and
                other tax assessment-based financing mechanisms;
                    ``(E) aggregate on-meter agreements that finance
                retrofit projects; and
                    ``(F) any other efficiency obligations the
                Secretary determines to be appropriate.
            ``(4) Priorities.--In carrying out this section, the
        Secretary shall prioritize--
                    ``(A) the maximization of energy savings with the
                available credit support funding;
                    ``(B) the establishment of a clear application and
                approval process that allows private building owners,
                lenders, and investors to reasonably expect to receive
                credit support for projects that conform to guidelines;
                    ``(C) the distribution of projects receiving credit
                support under this section across States or
                geographical regions of the United States; and
                    ``(D) projects designed to achieve whole-building
                retrofits.
    ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary
shall not issue credit support under this section in an amount that
exceeds--
            ``(1) 90 percent of the principal amount of the efficiency
        obligation that is the subject of the credit support; or
            ``(2) $25,000,000 for any single project.
    ``(e) Aggregation of Projects.--To the extent provided in the
guidelines developed in accordance with subsection (c), the Secretary
may issue credit support on a portfolio, or pool of projects, that are
not required to be geographically contiguous, if each efficiency
obligation in the pool fulfills the requirements described in this
section.
    ``(f) Application.--
            ``(1) In general.--To be eligible to receive credit support
        under this section, the applicant shall submit to the Secretary
        an application at such time, in such manner, and containing
        such information as the Secretary determines to be necessary.
            ``(2) Contents.--An application submitted under this
        section shall include assurances by the applicant that--
                    ``(A) each contractor carrying out the project
                meets minimum experience level criteria, including
                local retrofit experience, as determined by the
                Secretary;
                    ``(B) the project is reasonably expected to achieve
                energy savings, as set forth in the application using
                any methodology that meets the standards described in
                the program guidelines;
                    ``(C) the project meets any technical criteria
                described in the program guidelines;
                    ``(D) the recipient of the credit support and the
                parties to the efficiency obligation will provide the
                Secretary with--
                            ``(i) any information the Secretary
                        requests to assess the energy savings that
                        result from the project, including historical
                        energy usage data, a simulation-based
                        benchmark, and detailed descriptions of the
                        building work, as described in the program
                        guidelines; and
                            ``(ii) permission to access information
                        relating to building operations and usage for
                        the period described in the program guidelines;
                        and
                    ``(E) any other assurances that the Secretary
                determines to be necessary.
            ``(3) Determination.--Not later than 90 days after
        receiving an application, the Secretary shall make a final
        determination on the application, which may include requests
        for additional information.
    ``(g) Fees.--
            ``(1) In general.--In addition to the fees required by
        section 1702(h)(1), the Secretary may charge reasonable fees
        for credit support provided under this section.
            ``(2) Availability.--Fees collected under this section
        shall be subject to section 1702(h)(2).
    ``(h) Underwriting.--The Secretary may delegate the underwriting
activities under this section to 1 or more entities that the Secretary
determines to be qualified.
    ``(i) Status Report.--Not later than 1 year after commencement of
the program, the Secretary shall submit to the Congress a report that
describes in reasonable detail--
            ``(1) the manner in which this section is being carried
        out;
            ``(2) the number and type of projects supported;
            ``(3) the types of funding mechanisms used to provide
        credit support to projects;
            ``(4) the energy savings expected to result from projects
        supported by this section;
            ``(5) any tracking efforts the Secretary is using to
        calculate the actual energy savings produced by the projects;
        and
            ``(6) any plans to improve the tracking efforts described
        in paragraph (5).
    ``(j) Buy American Report.--The Secretary shall submit to the
Congress an annual report that estimates the percentage of American-
made materials used in conducting retrofit activities funded pursuant
to this section.
    ``(k) Funding.--
            ``(1) Authorization of appropriations.--There are
        authorized to be appropriated to carry out this section
        $15,000,000,000 for the period encompassing fiscal years 2012
        through 2021.
            ``(2) Administrative costs.--Not more than 1 percent of any
        amounts made available to the Secretary for carrying out this
        section may be used by the Secretary for administrative costs
        incurred in carrying out this section.''.

Summary: Job Creation and Energy Efficiency Act - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy (DOE) to provide credit support to ameliorate risks for a debt or repayment obligation incurred in connection with financing the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures that are expected to increase the energy efficiency of one or more buildings . Makes commercial, multifamily residential, industrial, municipal, government institutions of higher education, school, and hospital facilities eligible for such support. Includes among financing mechanisms that qualify as efficiency obligations: (1) loans, (2) power purchase agreements, (3) energy services agreements, (4) property assessed clean energy bonds and other tax assessment-based financing mechanisms, and (5) aggregate on-meter agreements that finance retrofit projects. Requires the Secretary to prioritize: (1) the maximization of energy savings with the available credit support funding. (2) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines. (3) the distribution of projects receiving credit support across states or geographical regions. And (4) projects designed to achieve whole-building retrofits. Prohibits the Secretary from issuing credit support that exceeds: (1) 90 of the principal amount of the obligation that is the subject of the support, or (2) $25 million for any project. Requires the Secretary to report on such support. Authorizes the Secretary to charge reasonable fees for such support.

To authorize the Secretary of Energy to provide loan guarantees for energy efficiency upgrades to existing buildings.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Preparedness Act of 2016''.

SEC. 2. INFORMATION SHARING.

    Title II of the Homeland Security Act of 2002 is amended--
            (1) in section 210A (6 U.S.C. 124h)--
                    (A) in subsection (b)--
                            (i) in paragraph (10), by inserting before
                        the semicolon at the end the following: ``,
                        including, in coordination with the national
                        cybersecurity and communications integration
                        center under section 227, accessing timely
                        technical assistance, risk management support,
                        and incident response capabilities with respect
                        to cyber threat indicators, defensive measures,
                        cybersecurity risks, and incidents (as such
                        terms are defined in such section), which may
                        include attribution, mitigation, and
                        remediation, and the provision of information
                        and recommendations on security and resilience,
                        including implications of cybersecurity risks
                        to equipment and technology related to the
                        electoral process'';
                            (ii) in paragraph (11), by striking ``and''
                        after the semicolon;
                            (iii) by redesignating paragraph (12) as
                        paragraph (14); and
                            (iv) by inserting after paragraph (11) the
                        following new paragraphs:
            ``(12) review information relating to cybersecurity risks
        that is gathered by State, local, and regional fusion centers,
        and incorporate such information, as appropriate, into the
        Department's own information relating to cybersecurity risks;
            ``(13) ensure the dissemination to State, local, and
        regional fusion centers of information relating to
        cybersecurity risks; and'';
                    (B) in subsection (c)(2)--
                            (i) by redesignating subparagraphs (C)
                        through (G) as subparagraphs (D) through (H),
                        respectively; and
                            (ii) by inserting after subparagraph (B)
                        the following new subparagraph:
                    ``(C) The national cybersecurity and communications
                integration center under section 227.'';
                    (C) in subsection (d)--
                            (i) in paragraph (3), by striking ``and''
                        after the semicolon;
                            (ii) by redesignating paragraph (4) as
                        paragraph (5); and
                            (iii) by inserting after paragraph (3) the
                        following new paragraph:
            ``(4) assist, in coordination with the national
        cybersecurity and communications integration center under
        section 227, fusion centers in using information relating to
        cybersecurity risks to develop a comprehensive and accurate
        threat picture; and''; and
                    (D) in subsection (j)--
                            (i) by redesignating paragraphs (1) through
                        (5) as paragraphs (2) through (6),
                        respectively; and
                            (ii) by inserting before paragraph (2), as
                        so redesignated, the following new paragraph:
            ``(1) the term `cybersecurity risk' has the meaning given
        that term in section 227;''; and
            (2) in section 227 (6 U.S.C. 148)--
                    (A) in subsection (c)--
                            (i) in paragraph (5)(B), by inserting ``,
                        including State and major urban area fusion
                        centers, as appropriate'' before the semicolon
                        at the end;
                            (ii) in paragraph (7), in the matter
                        preceding subparagraph (A), by striking
                        ``information and recommendations'' each place
                        it appears and inserting ``information,
                        recommendations, and best practices''; and
                            (iii) in paragraph (9), by inserting ``and
                        best practices'' after ``defensive measures'';
                        and
                    (B) in subsection (d)(1)(B)(ii), by inserting ``and
                State and major urban area fusion centers, as
                appropriate'' before the semicolon at the end.

SEC. 3. HOMELAND SECURITY GRANTS.

    Subsection (a) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended--
            (1) by redesignating paragraphs (4) through (14) as
        paragraphs (5) through (15), respectively; and
            (2) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) enhancing cybersecurity, including preparing for and
        responding to cybersecurity risks and incidents and developing
        State-wide cyber threat information analysis and dissemination
        activities;''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that to facilitate the timely
dissemination to appropriate State, local, and private sector
stakeholders of homeland security information related to cyber threats,
the Secretary of Homeland Security should, to the greatest extent
practicable, work to share actionable information related to cyber
threats in an unclassified form.

            Passed the House of Representatives September 26, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on September 19, 2016. Cyber Preparedness Act of 2016 This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) State, Local, and Regional Fusion Center Initiative to coordinate with the national cybersecurity and communications integration center (NCCIC) to provide state, local, and regional fusion centers with expertise on DHS cybersecurity resources. DHS must: (1) provide timely access to technical assistance, risk management support, and incident response capabilities for cybersecurity threat indicators, defensive measures, risks, and incidents, including cybersecurity risks to equipment and technology related to the electoral process. (2) review cybersecurity risk information gathered by fusion centers to incorporate into DHS's cybersecurity risk information. And (3) disseminate cybersecurity risk information to fusion centers. Fusion center officers or intelligence analysts may be assigned from the NCCIC. Such officers and analysts must assist fusion centers in using cybersecurity risk information to develop a comprehensive and accurate threat picture. The NCCIC may include, and must share analysis and best practices with, state and major urban area fusion centers. States, local or tribal governments, or high-risk urban areas receiving grants to protect against terrorism under the Urban Area Security Initiative or the State Homeland Security Grant Program may use the funds to: (1) prepare for and respond to cybersecurity risks and incidents, and (2) develop statewide cyber threat information analysis and dissemination activities. The bill expresses the sense of Congress that DHS should share actionable information related to cyber threats in an unclassified form to facilitate timely dissemination to state, local, and private sector stakeholders.

Cyber Preparedness Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury-Safe Seafood Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury pollution from coal-fired power plants, waste
        incinerators, and other anthropogenic sources continues to
        contaminate inland waterways and territorial waters of the
        United States;
            (2) mercury accumulates in fish as methylmercury and is
        passed on to humans that eat those fish;
            (3) methylmercury is a potent neurotoxin that, even in
        small quantities--
                    (A) can cause serious damage to the human central
                nervous system and adverse effects on many other
                systems in the human body;
                    (B) is especially harmful to pregnant women and
                young children; and
                    (C) puts an estimated 60,000 newborns at risk for
                adverse neurodevelopmental effects each year in the
                United States from in utero exposure;
            (4) certain commercial seafood species can have dangerously
        high levels of methylmercury, as evidenced by Food and Drug
        Administration data acquired in the 1990's, up to the time that
        the agency discontinued domestic sampling in 1998;
            (5) the Food and Drug Administration's long-standing action
        level of 1.0 parts per million for methylmercury in fish--
                    (A) is out of date; and
                    (B) according to scientific evidence, does not
                adequately protect pregnant women and young children;
            (6) the comprehensive Mercury Study Report to Congress
        issued by the Environmental Protection Agency in December 1997
        recommended a methylmercury consumption limit of 0.1 micrograms
        per kilogram of body weight per day, which is 5 times lower
        than the Food and Drug Administration's current action level;
            (7) the report entitled ``Toxicological Effects of
        Methylmercury'', issued by the National Academy of Sciences in
        July 2000, confirmed that the Environmental Protection Agency's
        limit is ``scientifically justifiable for the protection of
        public health'';
            (8) the report entitled ``Food Safety: Federal Oversight of
        Seafood Does Not Sufficiently Protect Consumers'', issued by
        the General Accounting Office in February 2001, highlights the
        inadequacies of Food and Drug Administration guidance regarding
        methylmercury in commercial seafood;
            (9) many States have been forced to issue mercury
        advisories for inland waterways and health warnings regarding
        the fish that may be caught in those waterways; and
            (10) some States have also issued mercury advisories for
        commercial seafood.

SEC. 3. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended--
            (1) in section 402(a)(2), by inserting after ``section 512;
        or'' the following: ``(D) if it is seafood that bears or
        contains methylmercury that is unsafe within the meaning of
        section 406A(a); or''; and
            (2) by inserting after section 406 the following:

``SEC. 406A. TOLERANCE FOR METHYLMERCURY IN SEAFOOD.

    ``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall by regulation establish
a tolerance for the presence of methylmercury in seafood.
    ``(b) Requirements.--The tolerance established under subsection (a)
shall--
            ``(1) be based on a scientific analysis of the health risks
        attributable to methylmercury; and
            ``(2) be set at a level for which the Secretary determines
        that there is a reasonable certainty that no harm will result
        from aggregate exposure to methylmercury in seafood, including
all anticipated dietary exposures for which there is reliable
information.
    ``(c) Seafood Deemed Unsafe.--Any seafood bearing or containing
methylmercury shall be deemed to be unsafe for purposes of section
402(a)(2)(D) unless the quantity of methylmercury is within the limits
of the tolerance.
    ``(d) Pregnant Women, Infants, and Children.--In establishing or
modifying the tolerance under subsection (a), the Secretary shall
ensure that there is a reasonable certainty that no harm will result to
pregnant women, infants, and children from aggregate exposure to
methylmercury.
    ``(e) Sampling System.--
            ``(1) In general.--Not later than 18 months after the date
        of enactment of this section, the Secretary, after consultation
        with the Secretary of Agriculture, shall establish a system for
        the collection and analysis of samples of seafood to determine
        the extent of compliance with the tolerance under subsection
        (a).
            ``(2) Monitoring.--The sampling system shall provide
        statistically valid monitoring (including market-basket
        studies) with respect to compliance with the tolerance.
            ``(3) Avoidance of duplication of effort.--To the extent
        practicable, the sampling system shall be consistent with, and
        shall be coordinated with, other seafood sampling systems that
        are in use, so as to avoid duplication of effort.
    ``(f) Public Education and Advisory System.--
            ``(1) Public education.--The Secretary, in cooperation with
        private and public organizations (including cooperative
        extension services and appropriate State entities) shall design
        and implement a national public education program regarding the
        presence of methylmercury in seafood.
            ``(2) Features.--The program shall provide--
                    ``(A) information to the public regarding--
                            ``(i) Federal standards and good practice
                        requirements; and
                            ``(ii) promotion of public awareness,
                        understanding, and acceptance of the standards
                        and requirements;
                    ``(B) information to health professionals so that
                health professionals may improve diagnosis and
                treatment of mercury-related illness and advise
                individuals whose health conditions place those
                individuals at particular risk; and
                    ``(C) such other information or advice to consumers
                and other persons as the Secretary determines will
                promote the purposes of this section.
            ``(3) Health advisories.--The Secretary, in consultation
        with the Secretary of Agriculture and the Administrator of the
        Environmental Protection Agency, shall work with the States and
        other appropriate entities to--
                    ``(A) develop and distribute regional and national
                advisories concerning the presence of methylmercury in
                seafood;
                    ``(B) develop standardized formats for written and
                broadcast advisories regarding methylmercury in
                seafood; and
                    ``(C) incorporate State and local advisories into
                the national public education program under paragraph
                (1).''.

SEC. 4. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.

    In carrying out section 406A(a) of the Federal Food, Drug, and
Cosmetic Act (as added by section 3), the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
consider the findings of the National Academy of Sciences regarding the
Environmental Protection Agency's recommended level for methylmercury
exposure and the presence of methylmercury in seafood, as such findings
are described in the report issued by the National Academy of Sciences
in July 2000.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Sampling.--There is authorized to be appropriated to carry out
sampling under section 406A(e) of the Federal Food, Drug, and Cosmetic
Act (as added by section 3) $500,000 for each of fiscal years 2002
through 2011.
    (b) Public Education and Advisory System.--There is authorized to
be appropriated to develop and implement the public education and
advisory system under section 406A(f) of the Federal Food, Drug, and
Cosmetic Act (as added by section 3) $500,000 for each of fiscal years
2002 through 2011.
    (c) State Support.--
            (1) In general.--There is authorized to be appropriated to
        support efforts of the States to sample noncommercial fish and
        inland waterways for mercury and to produce State-specific
        health advisories related to mercury $2,000,000 for each of
        fiscal years 2002 through 2011.
            (2) Equitable distribution.--The Administrator of the
        Environmental Protection Agency shall distribute amounts made
        available under paragraph (1) equitably among the States
        through programs in existence on the date of enactment of this
        Act.

SEC. 6. REPORT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall submit to
Congress a report on the progress of the Secretary in establishing the
tolerance required by section 406A of the Federal Food, Drug, and
Cosmetic Act (as added by section 3).
    (b) Contents.--The report shall include a description of the
research that has been conducted or reviewed with respect to the
tolerance.

Summary: Mercury-Safe Seafood Act of 2001 - Directs the Secretary of Health and Human Services to establish a tolerance and sampling system, and related public education and health advisory system, respecting the presence of methylmercury in seafood. Deems as unsafe any seafood not meeting such tolerance.

A bill to amend the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to establish a tolerance for the presence of methylmercury in seafood, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Integrity Act of 2016''.

SEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY
              ACTIONS.

    (a) Amendment.--Chapter 3 of title 5, United States Code, is
amended by inserting after section 306 the following new section:
``Sec. 307. Information regarding pending agency regulatory action
    ``(a) Definitions.--In this section:
            ``(1) Agency regulatory action.--The term `agency
        regulatory action' means guidance, policy statement, directive,
        rule making, or adjudication issued by an Executive agency.
            ``(2) Aggrandizement.--The term `aggrandizement' means--
                    ``(A) any communication emphasizing the importance
                of the Executive agency or agency regulatory action
                that does not have the clear purpose of informing the
                public of the substance or status of the Executive
                agency or agency regulatory action; or
                    ``(B) any communication that is puffery.
            ``(3) Public communication.--The term `public
        communication'--
                    ``(A) means any method (including written, oral, or
                electronic) of disseminating information to the public,
                including an agency statement (written or verbal),
                blog, video, audio recording, or other social media
                message; and
                    ``(B) does not include a notice published in the
                Federal Register pursuant to section 553 or any
                requirement to publish pursuant to this section.
            ``(4) Rule making.--The term `rule making' has the meaning
        given that term under section 551.
    ``(b) Information To Be Posted Online.--
            ``(1) Requirement.--The head of each Executive agency shall
        make publicly available in a searchable format in a prominent
        location either on the website of the Executive agency or in
        the rule making docket on Regulations.gov the following
        information:
                    ``(A) Pending agency regulatory action.--A list of
                each pending agency regulatory action and with regard
                to each such action--
                            ``(i) the date on which the Executive
                        agency first began to develop or consider the
                        agency regulatory action;
                            ``(ii) the status of the agency regulatory
                        action;
                            ``(iii) an estimate of the date of upon
                        which the agency regulatory action will be
                        final and in effect;
                            ``(iv) a brief description of the agency
                        regulatory action;
                            ``(v) if applicable, a list of agency
                        regulatory actions issued by the Executive
                        agency, or any other Executive agency, that
                        duplicate or overlap with the agency regulatory
                        action; and
                            ``(vi) if a regulatory impact analysis or
                        similar cost-benefit analysis has been
                        conducted, the findings of such analysis,
                        including any data or formula used for purposes
                        of such analysis.
                    ``(B) Public communication.--For each pending
                agency regulatory action, a list of each public
                communication about the pending agency regulatory
                action issued by the Executive agency and with regard
                to each such communication--
                            ``(i) the date of the communication;
                            ``(ii) the intended audience of the
                        communication;
                            ``(iii) the method of communication; and
                            ``(iv) a copy of the original
                        communication.
            ``(2) Period.--The head of each Executive agency shall
        publish the information required under paragraph (1)(A) not
        later than 24 hours after a public communication relating to a
        pending agency regulatory action is issued and shall maintain
        the public availability of such information not less than 5
        years after the date on which the pending agency regulatory
        action is finalized.
    ``(c) Requirements for Public Communications.--Any public
communication issued by an Executive agency that refers to a pending
agency regulatory action--
            ``(1) shall specify whether the Executive agency is
        considering alternatives, including alternatives that may
        conflict with the intent, objective, or methodology of such
        agency regulatory action;
            ``(2) shall specify whether the Executive agency is
        accepting or will be accepting comments;
            ``(3) shall expressly disclose that the Executive agency is
        the source of the information to the intended recipients; and
            ``(4) may not--
                    ``(A) solicit support for or promote the pending
                agency regulatory action;
                    ``(B) be sent through the private email account of
                an officer or employee of the Executive agency; or
                    ``(C) include statements of aggrandizement for the
                Executive agency, any Federal employee, or the pending
                agency regulatory action.
    ``(d) Reporting.--
            ``(1) In general.--Not later than January 15 of each year,
        the head of an Executive agency that communicated about a
        pending agency regulatory action during the previous fiscal
        year shall submit to each committee of Congress with
        jurisdiction over the activities of the Executive agency a
        report indicating--
                    ``(A) the number pending agency regulatory actions
                the Executive agency issued public communications about
                during that fiscal year;
                    ``(B) the average number of public communications
                issued by the Executive agency for each pending agency
                regulatory action during that fiscal year;
                    ``(C) the 5 pending agency regulatory actions with
                the highest number of public communications issued by
                the Executive agency in that fiscal year; and
                    ``(D) a copy of each public communication for the
                pending agency regulatory actions identified in
                subparagraph (C).
            ``(2) Availability of reports.--The head of an Executive
        agency that is required to submit a report under paragraph (1)
        shall make the report publicly available in a searchable format
        in a prominent location on the website of the Executive
        agency.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States

 Code, is amended by adding after the item relating to section 306 the
following new item:

``307. Information regarding pending agency regulatory action.''.

            Passed the House of Representatives September 14, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Regulatory Integrity Act of 2016 This bill directs each executive agency to make publicly available on the agency website or in the rule making docket on Regulations. gov a list of pending agency regulatory actions and for each such action: the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, and a brief description of such action. A list of any duplicative or overlapping regulatory actions issued by the same or any other agency. If a regulatory impact analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis. And a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication. Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least 5 years after the action is finalized. Any public communication issued by an agency that refers to a pending agency regulatory action: shall specify whether the agency is considering alternatives and accepting comments. Shall expressly disclose that the agency is the source of the information to the intended recipients. And may not solicit support for or promote the action, be sent through the private email account of an agency officer or employee, or include statements of aggrandizement for the agency, any federal employee, or the action. An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating: the number of pending agency regulatory actions the agency issued public communications about during that fiscal year, the average number of public communications issued by the agency for each such action, and the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication. The report shall be made publicly available on the agency's website.

Regulatory Integrity Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dine College Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Treaty between the United States of America and the
        Navajo Tribe of Indians, done at Fort Sumner, New Mexico, June
        1, 1868 (15 Stat. 667), provides for the education of the
        citizens of the Navajo Nation;
            (2) the Navajo Nation created and chartered the Navajo
        Community College by Resolution CN- 95-68 as a wholly owned
        educational entity of the Navajo Nation;
            (3) in 1971, Congress enacted the Navajo Community College
        Act (25 U.S.C. 640a et seq.);
            (4) the Navajo Nation officially changed the name of the
        Navajo Community College to ``Dine College'' by Resolution CAP-
        35-97; and
            (5) the purpose of Dine College is to provide educational
        opportunities to the Navajo people and others in areas
        important to the economic and social development of the Navajo
        Nation.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that the Navajo Nation and
Navajo people--
            (1) exercise their right to self-determination,
        particularly in matters relating to the internal and local
        affairs of the Navajo Nation;
            (2) maintain and strengthen distinct institutions of higher
        education through the teaching of the Navajo language, culture,
        traditions, and history; and
            (3) improve the economic and social conditions of the
        Navajo Nation and Navajo people through higher education and
        postsecondary vocational training.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Indian Affairs and the
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Natural Resources, the
                Committee on Education and the Workforce, and the
                Committee on Appropriations of the House of
                Representatives.
            (2) College.--The term ``College'' means Dine College.
            (3) Infrastructure.--
                    (A) In general.--The term ``infrastructure'' means
                the buildings, water and sewer facilities, roads, and
                information technology and telecommunications
                infrastructure of the College.
                    (B) Inclusions.--The term ``infrastructure''
                includes classrooms and external matters such as
                walkways.
            (4) Operation and maintenance.--The term ``operation and
        maintenance'' means--
                    (A) costs and expenses associated with the
                customary daily operation of the College; and
                    (B) necessary maintenance costs of the College.
            (5) Renovation and repair.--The term ``renovation and
        repair'' means modernization and improvement to the
        infrastructure.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 5. SURVEY, STUDY, AND REPORT.

    (a) In General.--
            (1) Survey, study, and report.--Not later than January 31,
        2017, in accordance with subsection (b), the Secretary shall
        conduct, and submit to the appropriate committees of Congress a
        report on the results of, a detailed survey and study of all
        capital projects and facility needs of the College.
            (2) Inclusions in report.--The report described in
        paragraph (1) shall include--
                    (A) recommendations by the Secretary; and
                    (B) any recommendations or views submitted by the
                College or the Navajo Nation regarding the capital
                projects and facility needs of the College.
    (b) Inventory.--
            (1) In general.--Not later than August 1, 2016, the College
        shall prepare and submit to the Secretary an inventory that
        identifies the renovations and repairs necessary to meet--
                    (A) health and safety standards; and
                    (B) any other requirements the College determines
                necessary.
            (2) Use of inventory.--The Secretary shall use the
        inventory described in paragraph (1) as baseline data to inform
        the survey, study, and report under subsection (a).
    (c) Administrative Expenses.--The Secretary may use to carry out
this section amounts made available to the Secretary in general
administrative appropriations.

SEC. 6. GRANTS AUTHORIZED.

    (a) Construction Grants.--
            (1) In general.--The Secretary shall make grants to the
        College for construction activities, including the renovation
        and repair or construction of buildings, water and sewer
        facilities, roads, information technology and
        telecommunications infrastructure, classrooms, and external
        structures (such as walkways) identified in the survey, study,
        and report under section 5.
            (2) Authorization of appropriations.--There is authorized
        to be appropriated to the Secretary to carry out paragraph (1)
        $2,000,000 for each of fiscal years 2017 through 2020, to
        remain available until expended unless otherwise provided in an
        appropriations Act.
    (b) Operation and Maintenance Grants.--
            (1) In general.--The Secretary shall make grants to the
        College for operation and maintenance activities, including--
                    (A) basic, special, developmental, vocational,
                technical, and special handicapped education costs;
                    (B) annual capital expenditures, including
                equipment needs, minor capital improvements and
                remodeling projects, physical plant maintenance and
                operation costs, and an exceptions and supplemental
                needs account;
                    (C) summer and special interest programs;
                    (D) major capital improvements, including internal
                capital outlay funds and capital improvement projects;
                    (E) mandatory payments, including payments due on
                bonds, loans, notes, or lease purchases;
                    (F) supplemental student services, including
                student housing, food service, and the provision of
                access to books and services; and
                    (G) improving and expanding the College, including
                by providing for the Navajo people and others in the
                community of the College--
                            (i) higher education programs;
                            (ii) career and technical education;
                            (iii) activities relating to the
                        preservation and protection of the Navajo
                        language, philosophy, and culture;
                            (iv) employment and training opportunities;
                            (v) economic development and community
                        outreach; and
                            (vi) a safe learning, working, and living
                        environment.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated to the Secretary to carry out paragraph (1)
        such sums as are necessary for each of fiscal years 2017
        through 2020, to remain available until expended unless
        otherwise provided in an appropriations Act.

SEC. 7. STATUS OF FUNDS.

    Amounts made available to the College under this Act may be treated
as non-Federal, private funds of the College for purposes of any
provision of Federal law that requires that non-Federal or private
funds of the College be used in a project for a specific purpose.

SEC. 8. EFFECT ON OTHER LAWS.

    This Act supersedes--
            (1) the Navajo Community College Act (25 U.S.C. 640a et
        seq.);
            (2) the Navajo Community College Assistance Act of 1978 (25
        U.S.C. 640a note; Public Law 95-471); and
            (3) the Navajo Nation Higher Education Act of 2008 (25
        U.S.C. 640a note; Public Law 110-315).

SEC. 9. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.

    Except as explicitly provided in other Federal law, nothing in this
Act precludes the eligibility of the College to receive Federal funding
and resources under any program authorized under--
            (1) the Higher Education Act of 1965 (20 U.S.C. 1001 et
        seq.);
            (2) the Equity in Educational Land-Grant Status Act of 1994
        (7 U.S.C. 301 note; Public Law 103-382); or
            (3) any other applicable program for the benefit of
        institutions of higher education, community colleges, or
        postsecondary educational institutions.

Summary: Dine College Act of 2016 This bill requires the Department of the Interior to conduct a survey and study of all capital projects and facility needs of Dine College, a tribal community college in the Navajo Nation in Arizona. Interior must report the results and include views or recommendations submitted by the college or the Navajo Nation and Interior's recommendations. Prior to the survey and study, Dine College must identify for Interior renovations and repairs necessary to meet health and safety standards and other requirements. Interior must make grants to Dine College for activities including construction, operation and maintenance, education, summer programs, student services, and college expansion. Amounts made available to Dine College under this bill are treated as non-federal, private funds for the purposes of any federal law that requires the use of non-federal or private funds.

Dine College Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kake Tribal Corporation Land
Exchange Act''.

SEC. 2. AMENDMENT OF SETTLEMENT ACT.

    The Alaska Native Claims Settlement Act (Pub. L. 92-203, December
18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as amended, is further
amended by adding a new section to read:

``SEC. 40. KAKE TRIBAL CORPORATION LAND EXCHANGE.

    ``(a) To provide Kake Tribal Corporation with land suitable for
development, to acknowledge the corporation's return to public
ownership land needed as a municipal watershed area, and to promote the
public interest, the Secretary shall convey to the corporation
approximately 2,427 acres of Federal land as described in subsection
(c). The land to be conveyed includes--
            ``(1) up to 388 acres in the Slate Lakes area, as described
        in (c)(2) of this section, if, within five years after the
        effective date of this section, the corporation has entered
        into an agreement to lease or otherwise convey some or all of
        the land to the operator of the Jualin Mine; or
            ``(2) at the corporation's option, the 388 acres mentioned
        in (1) of this subsection and the remaining 2,039 acres may be
        conveyed from the acres described in (c)(3) of this section.
    ``(b) Title to Surface and Subsurface.--Subject to valid existing
rights and easements, the Secretary shall, no later than the deadlines
specified in (c) (2) and (3) of this section, convey to Kake Tribal
Corporation title to the surface estate in this land and convey to
Sealaska Corporation title to the subsurface estate in that land.
    ``(c) Description and Deadlines.--The land covered by this section
is in the Copper River Meridian and is further described as follows:
            ``(1) The land to be conveyed by Kake Tribal Corporation to
        the United States, no later than 90 days after the effective
        date of this section, as shown on the map dated ______ and
        labeled Attachment A, is the municipal watershed area and is
        described as follows:

                          ``Municipal watershed
------------------------------------------------------------------------
                                                             Approximate
                          Section                               acres
------------------------------------------------------------------------

                               T56S, R72E
13.........................................................           82
23.........................................................          118
24.........................................................          635
25.........................................................          640
26.........................................................          346
34.........................................................            9
35.........................................................          349
36.........................................................          248
                                                            ------------
  Approximate Total........................................      2,427''
------------------------------------------------------------------------

            ``(2) Kake Tribal Corporation shall have the option to
        select up to 388 acres in the Slate Lakes area, as shown on the
        map dated ______ and labeled Attachment B. This option shall
        remain in effect for five years after the date of enactment of
        this section. The land to be conveyed is identified on the
        following maps as:

                            Slate lakes area
------------------------------------------------------------------------
                                                             Approximate
              Section                      Description          acres
------------------------------------------------------------------------

                               T35S, R62E
22.................................  E\1/2\................           27
23.................................  W\1/2\................          152
26.................................  W\1/2\................          119
27.................................  E\1/2\................           23

                               T36S, R62E
1..................................  W\1/2\, NW\1/4\.......           38

   Two utility corridors: One beginning in the northwest
quarter of section 1, T36S, R62E, heading northwest through
 the northeast quarter of section 2, then heading northwest
    through section 26, T35S, R62E; another beginning in
  section 23, T35S, R62E, heading northeast, then heading
  northwest through section 23, then northwest through the
  southwest quarter of section 15, then northwest through
section 16, then turning northeast in the northeast quarter
        of section 16 to the Jualin patented group.
      Approximate Total....................................        388''
------------------------------------------------------------------------

            ``(3) The remaining 2,039 acres of land to be conveyed to
        Kake Tribal Corporation, or the entire 2,427 acres if the
        option on the 388 acres mentioned in (2) of this subsection is
        not exercised, shall be land in the Hamilton Bay and Saginaw
        Bay areas and shall be conveyed within 90 days after the
        effective date of this section; this land is shown on the maps
        dated ______ and labeled Attachments C and D.
    ``(d) Timber Manufacturing.--Notwithstanding any other provision of
law, timber harvested from lands conveyed to Kake Tribal Council
pursuant to this Act shall not be available for export as unprocessed
logs from Alaska, nor may Kake Tribal Corporation sell, trade,
exchange, substitute, or otherwise convey such logs to any other person
for the purpose of exporting such logs from the State of Alaska.
    ``(e) Relation to Other Requirements.--The land conveyed to Kake
Tribal Corporation and Sealaska Corporation under this section is, for
all purposes, considered land conveyed under the Alaska Native Claims
Settlement Act.
    ``(f) Maps.--The maps referred to in this section shall be
maintained on file in the Office of the Chief, United States Forest
Service, and in the Office of the Secretary of the Interior,
Washington, DC. The acreage cited in this section is approximate, and
if a discrepancy arises between cited acreage and the land depicted on
the specified maps the maps shall control. The maps do not constitute
an attempt by the United States to convey State or private land.''.

Summary: Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of the Interior, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development. (2) Sealaska Corporation title to subsurface estate in such land needed as a municipal watershed area. And (3) United States, by the Kake Corporation, specified lands. Directs that timber harvested from lands conveyed to the Kake Tribal Council shall not be made available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Accountability for Nuclear
Waste Storage Act of 2007''.

SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

    (a) In General.--Title I of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10121 et seq.) is amended by adding at the end the
following:

          ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel

``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

    ``(a) Definitions.--In this section:
            ``(1) Contractor.--The term `contractor' means a person
        that holds a contract under section 302(a) and is licensed by
        the Commission to possess spent nuclear power reactor fuel.
            ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear
        fuel dry cask' means the container (and all the components and
        systems associated with the container)--
                    ``(A) in which spent nuclear fuel is stored and
                naturally cooled at an independent spent fuel storage
                installation that is licensed by the Commission and
                located at the power reactor site; and
                    ``(B) with a design that is approved by the
                Commission by license or rule.
            ``(3) Spent nuclear fuel pool.--The term `spent nuclear
        fuel pool' means a water-filled container on a nuclear power
        reactor site in which spent nuclear fuel rods are stored.
    ``(b) Transfer of Spent Nuclear Fuel.--
            ``(1) In general.--A contractor shall transfer spent
        nuclear fuel from spent nuclear fuel pools to spent nuclear
        fuel dry casks at an independent spent fuel storage
        installation that is licensed by the Commission and located at
        the power reactor site in accordance with this section.
            ``(2) Spent nuclear fuel stored as of date of enactment.--
        Not later than 6 years after the date of enactment of this
        section, a contractor shall complete the transfer of all spent
        nuclear fuel that is stored in spent nuclear fuel pools as of
        the date of enactment of this section.
            ``(3) Spent nuclear fuel stored after date of enactment.--
        Not later than 6 years after the date on which spent nuclear
        fuel is discharged from a reactor, a contractor shall complete
        the transfer of any spent nuclear fuel that is stored in a
        spent nuclear fuel pool after the date of enactment of this
        section.
            ``(4) Inadequate funds or availability.--If funds are not
        available to complete a transfer under paragraph (2) or (3), or
        if spent nuclear fuel dry casks suitable for the particular
        fuel are not available on reasonable terms and conditions, the
        contractor may apply to the Commission to extend the deadline
        for the transfer to be completed.
            ``(5) Commission licensing.--
                    ``(A) In general.--The transfer under paragraph (2)
                or (3) shall be to spent nuclear fuel dry casks
                generally licensed by the Commission.
                    ``(B) Generally licensed spent nuclear fuel dry
                casks unavailable.--If generally licensed spent nuclear
                fuel dry casks described in subparagraph (A) are not
                available, the deadlines established in paragraphs (2)
                and (3) may be met by the good faith filing of an
                application to the Commission for a specific
                independent spent fuel storage installation license.
                    ``(C) Expedited review.--The Commission shall
                expedite the review and decision of the Commission on
                an application received under subparagraph (B) in a
                manner that is consistent with public health and
                safety, common defense and security, and the right of
                an interested person to a hearing under the Atomic
                Energy Act of 1954 (42 U.S.C. 2011 et seq.).
    ``(c) Funding.--The Secretary shall make grants to compensate a
contractor for expenses incurred in carrying out subsection (b),
including costs associated with--
            ``(1) licensing and construction of an independent spent
        fuel storage installation located at the power reactor site;
            ``(2) fabrication and delivery of spent nuclear fuel dry
        casks;
            ``(3) transfers of spent nuclear fuel;
            ``(4) documentation relating to the transfers;
            ``(5) security; and
            ``(6) hardening and other safety or security improvements.
    ``(d) Conveyance of Title.--
            ``(1) Certification and conveyance of title.--
                    ``(A) Certification.--The Commission shall certify
                to the Secretary when safe and secure transfer of spent
                nuclear fuel has been carried out under paragraph (2)
                or (3) of subsection (b).
                    ``(B) Acceptance of title.--On receipt of the
                certification, the Secretary shall accept the
                conveyance of title to the spent nuclear fuel dry cask
                (including the contents of the spent nuclear fuel dry
                cask) from the contractor.
            ``(2) Responsibility.--
                    ``(A) In general.--A conveyance of title under
                paragraph (1)(B) shall confer on the Secretary full
                responsibility (including safety, security, and
                financial responsibility) for the subsequent
                possession, stewardship, maintenance, monitoring, and
                ultimate disposition of all spent nuclear fuel
                transferred to the Secretary.
                    ``(B) Licenses.--On conveyance of title--
                            ``(i) the general or specific Commission
                        license held by the contractor for the spent
                        nuclear fuel dry cask shall be terminated; and
                            ``(ii) a general license for the spent
                        nuclear fuel dry cask under sections 53 and 81
                        of the Atomic Energy Act of 1954 (42 U.S.C.
                        2073, 2111) shall be issued to the Secretary.
                    ``(C) Regulations.--Not later than 5 years after
                the date of enactment of this section, the Commission
                shall promulgate regulations that establish the terms
                and conditions for licenses described in subparagraph
                (B)(ii).
    ``(e) Administration.--
            ``(1) In general.--Not later than 5 years after the date of
        enactment of this section, the Secretary shall establish the
        capability to carry out subsection (d)(2) in a manner that
        protects the public health and safety and common defense and
        security, and complies with all applicable laws.
            ``(2) Contracts with licensees.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Secretary may contract with a holder of the operating
                license issued by the Commission for 1 or more of the
                power reactors located on or adjacent to the spent
                nuclear fuel dry cask for the performance of all or
                part of the tasks required to carry out subsection
                (d)(2).
                    ``(B) Effect of contract.--A contract described in
                subparagraph (A) shall not relieve the Secretary of the
                ultimate responsibility of the Secretary under
                subsection (d)(2) and as a licensee of the
                Commission.''.
    (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(d)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the costs incurred in carrying out subsections (c)
        and (e) of section 185.''.

Summary: Federal Accountability for Nuclear Waste Storage Act of 2007 - Amends the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer, within six years after enactment of this Act, spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility generally licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Directs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer. And (2) accept conveyance of title to a spent nuclear fuel dry cask from the contractor following certification of compliance by the NRC. States that conveyance of title confers upon the Secretary full responsibility for the possession, stewardship, maintenance, monitoring, and ultimate disposition of all transferred spent nuclear fuel. Authorizes the Secretary to contract with the holder of an NRC operating license for power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of such tasks.

To amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer spent nuclear fuel from the spent nuclear fuel pools of the operators into spent nuclear fuel dry casks at independent spent fuel storage installations of the operators that are licensed by the Nuclear Regulatory Commission, to convey to the Secretary of Energy title to all such transferred spent nuclear fuel, to provide for the transfer to the Secretary of the independent spent fuel storage installation operating responsibility of each plant together with the license granted by the Commission for the installation, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reigniting Opportunity for
Innovators Act''.

SEC. 2. SMALL BUSINESS STARTUP FOUNDER AND EMPLOYEE LOAN DEFERMENT AND
              CANCELLATION.

    (a) Deferment Without Interest Accrual for Small Business Startup
Founders and Employees.--Section 455(f) of the Higher Education Act of
1965 (20 U.S.C. 1087e(f)) is amended by adding at the end the
following:
            ``(5) Deferment without interest accrual for small business
        startup founders and employees.--
                    ``(A) In general.--Subject to subparagraph (B), a
                qualifying small business startup borrower shall be
                eligible for a deferment, during which periodic
                installments of principal need not be paid and interest
                shall not accrue, during any period while the borrower
                is employed as a founder or full-time employee of a
                small business startup.
                    ``(B) Limitations.--A qualifying small business
                startup borrower shall not receive a deferment under
                this paragraph for any period--
                            ``(i) in excess of 3 years; or
                            ``(ii) that begins more than 5 years, or
                        ends more than 8 years, after the date the
                        small business startup was established (as
                        determined by the small business development
                        center that approved such borrower under
                        section 21(o)(5) of the Small Business Act (15
                        U.S.C. 648(o)(5))).
                    ``(C) Definitions.--In this paragraph--
                            ``(i) the terms `founder', `full-time
                        employee', and `small business startup' have
                        the meanings given the terms in subsection
                        (r)(2); and
                            ``(ii) the term `qualifying small business
                        startup borrower' means a borrower of a loan
                        made under this part whose employment as a
                        small business startup founder or full-time
                        employee is approved by a small business
                        development center under section 21(o)(5) of
                        the Small Business Act (15 U.S.C.
                        648(o)(5)).''.
    (b) Loan Cancellation.--Section 455 of the Higher Education Act of
1965 (20 U.S.C. 1087e) is amended by adding at the end the following:
    ``(r) Loan Cancellation for Founders and Employees of Small
Business Startups in Distressed Areas.--
            ``(1) Loan cancellation.--
                    ``(A) In general.--The Secretary shall cancel the
                balance of interest and principal due, subject to
                subparagraph (B), on any eligible Federal Direct Loan
                not in default for a borrower who--
                            ``(i) at the time of such cancellation, is
                        employed as a founder or full-time employee of
                        a small business startup in a distressed area
                        who--
                                    ``(I) has been approved for loan
                                cancellation by a small business
                                development center under section
                                21(o)(6) of the Small Business Act (15
                                U.S.C. 648(o)(6)); and
                                    ``(II) began such employment during
                                the 5-year period beginning on the date
                                that the small business startup was
                                established (as determined by such
                                small business development center); and
                            ``(ii) during the time period for which the
                        borrower has been approved by the small
                        business development center, which in no case
                        shall be more than 10 years after the date on
                        which the small business startup was
                        established, has made 24 monthly payments on
                        the eligible Federal Direct Loan pursuant to
                        any repayment plan under subsection (d)(1) or a
                        combination of such plans while so employed.
                    ``(B) Loan cancellation maximum.--The Secretary
                shall cancel under this subsection not more than an
                aggregate of $20,000 of the loan obligation on the
                eligible Federal Direct Loans of a borrower.
                    ``(C) Timing requirements.--Each of the 24 monthly
                payments required under this subsection shall be made
                after the date of enactment of this subsection.
                    ``(D) Ineligibility for double benefits.--No
                borrower may, for the same service, receive a reduction
                of loan obligations under both this subsection and--
                            ``(i) subsection (m); or
                            ``(ii) section 428J, 428K, 428L, or 460.
            ``(2) Definitions.--In this subsection:
                    ``(A) Distressed area.--The term `distressed area'
                has the meaning given the term in section 21(o)(1) of
                the Small Business Act (15 U.S.C. 648(o)(1)).
                    ``(B) Eligible federal direct loan.--The term
                `eligible Federal Direct Loan' means a Federal Direct
                Stafford Loan, Federal Direct PLUS Loan, Federal Direct
                Unsubsidized Stafford Loan, or a Federal Direct
                Consolidation Loan.
                    ``(C) Founder; full-time employee.--The terms
                `founder' and `full-time employee' have the meanings
                given the terms in section 21(o)(1) of the Small
                Business Act (15 U.S.C. 648(o)(1)).
                    ``(D) Small business startup.--The term `small
                business startup' means a business that is certified by
                a small business development center under section
                21(o)(3) of the Small Business Act (15 U.S.C.
                648(o)(3)).''.
    (c) Conforming Amendments.--Title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a et seq.) is further amended--
            (1) in section 428J(g)(2), by striking ``section 455(m)''
        and inserting ``subsection (m) or (r) of section 455'';
            (2) in section 428K(f)--
                    (A) by inserting ``subsection (m) or (r) of section
                455 or'' before ``section 428J''; and
                    (B) by striking ``455(m)'';
            (3) in section 428L(g), by striking ``455(m)'' and
        inserting ``subsection (m) or (r) of section 455'';
            (4) in section 455(m)(4), by inserting ``subsection (r)
        or'' before ``section 428J''; and
            (5) in section 460(g)(2)(B), by striking ``section 455(m)''
        and inserting ``subsection (m) or (r) of section 455''.

SEC. 3. SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21 of the Small Business Act (15 U.S.C. 648) is amended--
            (1) in subsection (c)(3)--
                    (A) in subparagraph (S), by striking ``and'' at the
                end;
                    (B) in subparagraph (T), by striking the period at
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(U) certifying small business startups under subsection
        (o)(3); and
            ``(V) approving loan deferment or cancellation under
        paragraph (5) or (6) of subsection (o) for founders and full-
        time employees of certain small business startups.''; and
            (2) by adding at the end the following:
    ``(o) Deferment or Cancellation of Certain Loans.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `distressed area' has the meaning
                given the term `low-income community' in section 45D(e)
                of the Internal Revenue Code of 1986;
                    ``(B) the term `eligible Federal Direct Loan' has
                the meaning given the term in section 455(r)(2) of the
                Higher Education Act of 1965;
                    ``(C) the terms `founder' and `full-time employee',
                with respect to a small business startup, have the
                meanings given the terms by the Administrator; and
                    ``(D) the term `small business startup' means a
                small business concern that, as of the date that the
                small business concern submits an application under
                paragraph (3), has been in existence for not more than
                3 years.
            ``(2) Role of small business development centers.--Any
        small business development center may, for purposes of eligible
        Federal Direct Loan deferment or cancellation under subsection
        (f)(5) or (r) of section 455 of the Higher Education Act of
        1965 (20 U.S.C. 1087e)--
                    ``(A) certify a small business startup under
                paragraph (3); and
                    ``(B) approve eligible Federal Direct Loan
                deferment or cancellation for a founder or full-time
                employee of a qualifying small business startup under
                paragraph (5) or (6).
            ``(3) Certification.--In order to be certified by a small
        business development center, a small business startup shall
        submit to the small business development center an application
        that includes--
                    ``(A) a 5-year business plan for the small business
                startup;
                    ``(B) the number of employees that the small
                business startup intends to employ on an annual basis;
                and
                    ``(C) information that demonstrates that the small
                business startup has the potential for success.
            ``(4) Publication of distressed areas.--The Administrator
        shall identify and make publicly available on the website of
        the Administration a list of distressed areas.
            ``(5) Loan deferment for founders and full-time employees
        of a small business startup.--
                    ``(A) Application.--In order to be approved by a
                small business development center for eligible Federal
                Direct Loan deferment under subsection (f)(5) of
                section 455 of the Higher Education Act of 1965 (20
                U.S.C. 1087e), a borrower of an eligible Federal Direct
                Loan shall submit to the small business development
                center an application that includes such information as
                the Administrator may require.
                    ``(B) Requirements.--A small business development
                center shall approve a borrower who applies under
                subparagraph (A) for eligible Federal Direct Loan
                deferment if the small business development center
                determines that--
                            ``(i) the borrower is, as of the date of
                        the application, a founder or full-time
                        employee of a small business startup that is
                        certified under paragraph (3); and
                            ``(ii) the employment of the borrower with
                        the small business startup began during the 5-
                        year period beginning on the date on which the
                        small business startup was established.
            ``(6) Loan cancellation for founders and full-time
        employees of a small business startup in a distressed area.--
                    ``(A) Application.--In order to be approved by a
                small business development center for eligible Federal
                Direct Loan cancellation under subsection (r) of
                section 455 of the Higher Education Act of 1965 (20
                U.S.C. 1087e), a borrower of an eligible Federal Direct
                Loan shall submit to the small business development
                center an application that includes such information as
                the Administrator may require, including an
                identification of the time period during which the
                borrower has made 24 monthly payments on the eligible
                Federal Direct Loan, as required under subparagraphs
                (A)(ii) and (C) of paragraph (1) of such subsection
                (r).
                    ``(B) Requirements.--A small business development
                center shall approve a borrower who applies under
                subparagraph (A) for eligible Federal Direct Loan
                cancellation if the small business development center
                determines that the borrower--
                            ``(i) as of the date of the application, is
                        employed as a founder or full-time employee of
                        a small business startup that--
                                    ``(I) is located in an area that
                                was a distressed area when the small
                                business startup was established;
                                    ``(II) is certified under paragraph
                                (3) by the small business development
                                center; and
                                    ``(III) as of the date that the
                                small business development center
                                approves the borrower under this
                                paragraph, has been operating
                                continuously for not less than 5 years
                                and not more than 10 years; and
                            ``(ii) was employed as a founder or a full-
                        time employee by a small business startup
                        described in clause (i) during a period
                        beginning not more than 5 years after the date
                        on which the small business startup was
                        established, as identified by the borrower
                        under subparagraph (A).''.

Summary: Reigniting Opportunity for Innovators Act This bill amends title IV of the Higher Education Act of 1965 to make qualified founders and full-time employees of small business start-ups eligible for deferring for up to three years their loans under the federal Direct Loan program. If the start-up is located in an economically distressed area, qualified founders and employees are also eligible for loan cancellation of up to $20,000 under that program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Immigration Litigation
Act''.

SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraphs (A), (B), and (C), by
                        inserting ``(statutory and nonstatutory),
                        including section 2241 of title 28, United
                        States Code, or any other habeas corpus
                        provision, and sections 1361 and 1651 of title
                        28, United States Code'' after
                        ``Notwithstanding any other provision of law'';
                        and
                            (ii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in this paragraph shall be construed as
                precluding consideration by the circuit courts of
                appeals of constitutional claims or pure questions of
                law raised upon petitions for review filed in
                accordance with this section. Notwithstanding any other
                provision of law (statutory and nonstatutory),
                including section 2241 of title 28, United States Code,
                or, except as provided in subsection (e), any other
                habeas corpus provision, and sections 1361 and 1651 of
                title 28, United States Code, such petitions for review
                shall be the sole and exclusive means of raising any
                and all claims with respect to orders of removal
                entered or issued under any provision of this Act.'';
                and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory and
        nonstatutory), including section 2241 of title 28, United
        States Code, or any other habeas corpus provision, and sections
        1361 and 1651 of title 28, United States Code, a petition for
        review by the circuit courts of appeals filed in accordance
        with this section is the sole and exclusive means of judicial
        review of claims arising under the United Nations Convention
        Against Torture and Other Forms of Cruel, Inhuman, or Degrading
        Treatment or Punishment.
            ``(5) Exclusive means of review.--The judicial review
        specified in this subsection shall be the sole and exclusive
        means for review by any court of an order of removal entered or
        issued under any provision of this Act. For purposes of this
        title, in every provision that limits or eliminates judicial
        review or jurisdiction to review, the terms `judicial review'
        and `jurisdiction to review' include habeas corpus review
        pursuant to section 2241 of title 28, United States Code, or
        any other habeas corpus provision, sections 1361 and 1651 of
        title 28, United States Code, and review pursuant to any other
        provision of law.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by inserting ``pursuant to
                subsection (f)'' after ``unless''; and
                    (B) in paragraph (9), by adding at the end the
                following: ``Except as otherwise provided in this
                subsection, no court shall have jurisdiction, by habeas
                corpus under section 2241 of title 28, United States
                Code, or any other habeas corpus provision, by section
                1361 or 1651 of title 28, United States Code, or by any
                other provision of law (statutory or nonstatutory), to
                hear any cause or claim subject to these consolidation
                provisions.'';
            (3) in subsection (f)(2), by inserting ``or stay, by
        temporary or permanent order, including stays pending judicial
        review,'' after ``no court shall enjoin''; and
            (4) in subsection (g), by inserting ``(statutory and
        nonstatutory), including section 2241 of title 28, United
        States Code, or any other habeas corpus provision, and sections
        1361 and 1651 of title 28, United States Code'' after
        ``notwithstanding any other provision of law''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect upon the date of enactment of this Act and shall apply to
cases in which the final administrative removal order was issued
before, on, or after the date of enactment of this Act.

SEC. 3. CONSOLIDATION OF APPEALS.

    (a) In General.--Section 242(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first
sentence and inserting the following: ``The petition for review shall
be filed with the court of appeals for the Federal Circuit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to any final agency order that was entered on or after the date
of enactment of this Act.

SEC. 4. ADDITIONAL REMOVAL AUTHORITIES.

    (a) In General.--Section 241(b) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (1)--
                    (A) in each of subparagraphs (A) and (B), by
                striking the period at the end and inserting ``unless,
                in the opinion of the Secretary of Homeland Security,
                removing the alien to such country would be prejudicial
                to the United States.''; and
                    (B) by amending subparagraph (C) to read as
                follows:
                    ``(C) Alternative countries.--If the alien is not
                removed to a country designated in subparagraph (A) or
                (B), the Secretary of Homeland Security shall remove
                the alien to--
                            ``(i) the country of which the alien is a
                        citizen, subject, or national, where the alien
                        was born, or where the alien has a residence,
                        unless the country physically prevents the
                        alien from entering the country upon the
                        alien's removal there; or
                            ``(ii) any country whose government will
                        accept the alien into that country.''; and
            (2) in paragraph (2)--
                    (A) by striking ``Attorney General'' each place
                such term appears and inserting ``Secretary of Homeland
                Security'';
                    (B) by amending subparagraph (D) to read as
                follows:
                    ``(D) Alternative countries.--If the alien is not
                removed to a country designated under subparagraph
                (A)(i), the Secretary of Homeland Security shall remove
                the alien to a country of which the alien is a subject,
                national, or citizen, where the alien was born, or
                where the alien has a residence, unless--
                            ``(i) such country physically prevents the
                        alien from entering the country upon the
                        alien's removal there; or
                            ``(ii) in the opinion of the Secretary of
                        Homeland Security, removing the alien to the
                        country would be prejudicial to the United
                        States.''; and
                    (C) by amending subparagraph (E)(vii) to read as
                follows:
                            ``(vii) Any country whose government will
                        accept the alien into that country.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any deportation, exclusion, or removal on or after such date pursuant
to any deportation, exclusion, or removal order, regardless of whether
such order is administratively final before, on, or after such date.

SEC. 5. BURDEN OF PROOF.

    (a) Conditions for Granting Asylum.--Section 208(b) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            (1) in paragraph (1), by striking ``The Attorney General''
        and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland
                Security or the Attorney General''; and
            (2) by adding at the end the following:
                    ``(B) Burden of proof.--The burden of proof is on
                the applicant to establish that the applicant is a
                refugee within the meaning of section 101(a)(42)(A). To
                establish that the applicant is a refugee within the
                meaning of this Act, the applicant must establish that
                race, religion, nationality, membership in a particular
                social group, or political opinion was or will be the
                central motive for persecuting the applicant. The
                testimony of the applicant, only if it is credible, is
                persuasive, and refers to specific facts that
                demonstrate that the applicant is a refugee, may be
                sufficient to sustain such burden without
                corroboration. Where the trier of fact finds that it is
                reasonable to expect corroborating evidence for certain
                alleged facts pertaining to the specifics of the
                applicant's claim, such evidence must be provided
                unless a reasonable explanation is given as to why such
                information is not provided. The credibility
                determination of the trier of fact may be based, in
                addition to other factors, on the demeanor, candor, or
                responsiveness of the applicant or witness, the
                consistency between the applicant's or witness's
                written and oral statements, whether or not under oath,
                made at any time to any officer, agent, or employee of
                the United States, the internal consistency of each
                such statement, the consistency of such statements with
                the country conditions in the country from which the
                applicant claims asylum, as presented by the Department
                of State, and any inaccuracies or falsehoods in such
                statements. These factors may be considered
                individually or cumulatively.''.
    (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by
adding after subparagraph (D) the following flush language:
        ``No court shall reverse a determination made by an adjudicator
        with respect to the availability of corroborating evidence as
        described in section 208(b)(1)(B), unless the court finds that
        a reasonable adjudicator is compelled to conclude that such
        corroborating evidence is unavailable.''.
    (c) Effective Date.--The amendment made by subsection (b) shall
take effect upon the date of enactment of this Act and shall apply to
cases in which the final administrative removal order was issued
before, on, or after the date of enactment of this Act.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect upon
the date of enactment of this Act.

Summary: Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the US Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status. And (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.

A bill to reform the judicial review process of orders of removal for purposes of the Immigration and Nationality Act.