[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)] [Senate] [Pages S6346-S6369] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 2817. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. REPORT ON ESTABLISHMENT OF VETERANS JOBS WEBSITE. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) assessing the feasibility and advisability of the establishment by the Secretary of Veterans Affairs of a website designed specifically for public and private sector employers to advertize employment opportunities for veterans; and (2) estimating the funds and other resources required to establish and maintain such a website. ______ SA 2818. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: On page 13, between lines 18 and 19, insert the following: ``(v) Any other license to operate equipment or engage in a trade. ______ SA 2819. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: [[Page S6347]] SEC. __. SENSE OF THE SENATE ON EMPLOYMENT BY MEMBERS OF CONGRESS OF VETERANS AND MEMBERS OF THE NATIONAL GUARD AND RESERVES. It is the sense of the Senate that Members of Congress should lead by example by hiring qualified veterans and members of the National Guard and Reserves for open positions on their personal and committee staff. ______ SA 2820. Mr. LEVIN (for himself, Ms. Landrieu and Mr. Cochran) submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. REDESIGNATED AREAS. Section 3(p)(4)(C) of the Small Business Act (15 U.S.C. 632(p)(4)(C)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) September 30, 2013.''. ______ SA 2821. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. ___. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans Employment and Training Service and Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2014 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART IX--Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. ______ SA 2822. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. SMALL BUSINESS PROCUREMENT. Part 19 of the Federal Acquisition Regulation, section 15 of the Small Business Act (15 U.S.C. 644), and any other applicable laws or regulations establishing procurement requirements relating to small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) may not be waived with respect to any contract awarded under any program or other authority under this Act or an amendment made by this Act. SEC. __. PROHIBITION ON WAIVER OF REQUIREMENTS REGARDING DEPARTMENT OF VETERANS AFFAIRS CONTRACTING GOALS AND PREFERENCES. Neither section 8127 nor section 8128 of title 38, United States Code, may be waived with respect to any contract awarded under any program or other authority under this Act or any amendment made by this Act. ______ SA 2823. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.-- Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 2011.''. (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. ``The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election.''. (B) Transfer of excess funds to general fund.--Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After Termination.--The Secretary shall transfer all amounts in the fund after the date of the enactment of this section to the general fund of the Treasury, to be used only for reducing the deficit.''. (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. ``The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section.''. (c) Clerical Amendments.-- [[Page S6348]] (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.''. (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.''. ______ SA 2824. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: Strike section 14 and all that follows and insert the following: SEC. 14. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. Section 5503(d)(7) of title 38, United States Code, is amended by striking ``September 30, 2016'' and inserting ``March 31, 2017''. SEC. 15. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID TAXES. (a) In General.--Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES. ``(a) In General.--If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport pursuant to section 15(d) of the Veterans Jobs Corps Act of 2012. ``(b) Seriously Delinquent Tax Debt.--For purposes of this section, the term `seriously delinquent tax debt' means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include-- ``(1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and ``(2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending. ``(c) Adjustment for Inflation.--In the case of a calendar year beginning after 2012, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000.''. (b) Clerical Amendment.--The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.''. (c) Authority for Information Sharing.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to department of state for purposes of passport revocation under section 7345.-- ``(A) In general.--The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to-- ``(i) the taxpayer identity information with respect to such taxpayer, and ``(ii) the amount of such seriously delinquent tax debt. ``(B) Restriction on disclosure.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 15(d) of the Veterans Jobs Corps Act of 2012.''. (2) Conforming amendment.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (22)'' each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting ``(22), or (23)''. (d) Authority To Deny or Revoke Passport.-- (1) Denial.-- (A) In general.--Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport to any individual who has a seriously delinquent tax debt described in such section. (B) Emergency and humanitarian situations.--Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A). (2) Revocation.-- (A) In general.--The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A). (B) Limitation for return to united states.--If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may-- (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (3) Hold harmless.--The Secretary of the Treasury and the Secretary of State shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 7345 of the Internal Revenue Code of 1986. (e) Revocation or Denial of Passport in Case of Individual Without Social Security Account Number.-- (1) Denial.-- (A) In general.--Except as provided under subparagraph (B), upon receiving an application for a passport from an individual that either-- (i) does not include the social security account number issued to that individual, or (ii) includes an incorrect or invalid social security number willfully, intentionally, negligently, or recklessly provided by such individual, the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual. (B) Emergency and humanitarian situations.--Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A). (2) Revocation.-- (A) In general.--The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A). (B) Limitation for return to united states.--If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may-- (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (f) Effective Date.--The provisions of, and amendments made by, this section shall take effect on January 1, 2013. SEC. 16. NO MORTGAGE INTEREST DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 163(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) No deduction for millionaires and billionaires.-- ``(i) In general.--Except as provided in clause (ii), no deduction shall be allowed by reason of paragraph (2)(D) for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(ii) Termination.--Clause (i) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 17. NO RENTAL EXPENSE DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 212 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Paragraph (2) shall not apply for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. The preceding sentence shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 18. NO GAMBLING LOSS DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 165(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``In the case of a taxpayer with an adjusted gross income equal to or greater than $1,000,000 for the taxable year, the preceding sentence shall not apply for any taxable year beginning before the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. [[Page S6349]] SEC. 19. NO DISCHARGE OF INDEBTEDNESS DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) No Deduction for Millionaires and Billionaires.-- ``(1) In general.--Except as provided in paragraph (2), no exclusion shall be allowed by reason of this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(2) Termination.--Paragraph (1) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 20. NO ELECTRIC PLUG-IN VEHICLE TAX CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 30D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) No credit for millionaires and billionaires.-- ``(A) In general.--Except as provided in subparagraph (B), no credit described in subsection (c)(2) shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 21. NO HOUSEHOLD AND DEPENDENT CARE CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 21 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) No Credit for Millionaires and Billionaires.-- ``(1) In general.--Except as provided in paragraph (2), no credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(2) Termination.--Paragraph (1) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 22. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 25D(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) No credit for millionaires and billionaires.-- ``(A) In general.--Except as provided in subparagraph (B), no credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 16 through 22 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 14 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 23. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. ______ SA 2825. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: Strike section 8 and all that follows and insert the following: SEC. 8. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. Section 5503(d)(7) of title 38, United States Code, is amended by striking ``September 30, 2016'' and inserting ``March 31, 2017''. SEC. 9. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID TAXES. (a) In General.--Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES. ``(a) In General.--If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport pursuant to section 9(d) of the Veterans Jobs Corps Act of 2012. ``(b) Seriously Delinquent Tax Debt.--For purposes of this section, the term `seriously delinquent tax debt' means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include-- ``(1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and ``(2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending. ``(c) Adjustment for Inflation.--In the case of a calendar year beginning after 2012, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000.''. (b) Clerical Amendment.--The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.''. (c) Authority for Information Sharing.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to department of state for purposes of passport revocation under section 7345.-- ``(A) In general.--The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to-- ``(i) the taxpayer identity information with respect to such taxpayer, and ``(ii) the amount of such seriously delinquent tax debt. ``(B) Restriction on disclosure.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 9(d) of the Veterans Jobs Corps Act of 2012.''. (2) Conforming amendment.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (22)'' each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting ``(22), or (23)''. (d) Authority To Deny or Revoke Passport.-- (1) Denial.-- (A) In general.--Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport to any individual who has a seriously delinquent tax debt described in such section. (B) Emergency and humanitarian situations.--Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A). (2) Revocation.-- (A) In general.--The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A). (B) Limitation for return to united states.--If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may-- (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. [[Page S6350]] (3) Hold harmless.--The Secretary of the Treasury and the Secretary of State shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 7345 of the Internal Revenue Code of 1986. (e) Revocation or Denial of Passport in Case of Individual Without Social Security Account Number.-- (1) Denial.-- (A) In general.--Except as provided under subparagraph (B), upon receiving an application for a passport from an individual that either-- (i) does not include the social security account number issued to that individual, or (ii) includes an incorrect or invalid social security number willfully, intentionally, negligently, or recklessly provided by such individual, the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual. (B) Emergency and humanitarian situations.--Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A). (2) Revocation.-- (A) In general.--The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A). (B) Limitation for return to united states.--If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may-- (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (f) Effective Date.--The provisions of, and amendments made by, this section shall take effect on January 1, 2013. SEC. 10. NO MORTGAGE INTEREST DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 163(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) No deduction for millionaires and billionaires.-- ``(i) In general.--Except as provided in clause (ii), no deduction shall be allowed by reason of paragraph (2)(D) for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(ii) Termination.--Clause (i) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 11. NO RENTAL EXPENSE DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 212 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Paragraph (2) shall not apply for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. The preceding sentence shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 12. NO GAMBLING LOSS DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 165(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``In the case of a taxpayer with an adjusted gross income equal to or greater than $1,000,000 for the taxable year, the preceding sentence shall not apply for any taxable year beginning before the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 13. NO DISCHARGE OF INDEBTEDNESS DEDUCTION FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) No Deduction for Millionaires and Billionaires.-- ``(1) In general.--Except as provided in paragraph (2), no exclusion shall be allowed by reason of this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(2) Termination.--Paragraph (1) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 14. NO ELECTRIC PLUG-IN VEHICLE TAX CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 30D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) No credit for millionaires and billionaires.-- ``(A) In general.--Except as provided in subparagraph (B), no credit described in subsection (c)(2) shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 15. NO HOUSEHOLD AND DEPENDENT CARE CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 21 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) No Credit for Millionaires and Billionaires.-- ``(1) In general.--Except as provided in paragraph (2), no credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(2) Termination.--Paragraph (1) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 16. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR MILLIONAIRES AND BILLIONAIRES. (a) In General.--Section 25D(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) No credit for millionaires and billionaires.-- ``(A) In general.--Except as provided in subparagraph (B), no credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after the date on which the aggregate savings from the elimination of the deductions and credits for millionaires attributable to the enactment of sections 10 through 16 of the Veterans Jobs Corps Act of 2012 matches dollar for dollar the increase of expenditures attributable to the enactment of sections 2 through 8 of such Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 17. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. ______ SA 2826. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 38, strike line 11 and all that follows through page 39, line 7, and insert the following: SEC. 17. CONSOLIDATION OF VETERANS EMPLOYMENT ASSISTANCE PROGRAMS. (a) In General.--The Secretary of Labor and the Secretary of Veterans Affairs shall take such actions as may be necessary to consolidate the programs described in subsection (b) into a single program to be carried out by the Secretary of Veterans Affairs. (b) Programs.--The programs described in this subsection are the following: (1) Disabled Veterans' Outreach Program of the Department of Labor. [[Page S6351]] (2) Homeless Veterans' Reintegration Project of the Department of Labor. (3) Local Veterans' Employment Representative Program of the Department of Labor. (4) Transition Assistance Program of the Department of Labor. (5) Veterans' Workforce Investment Program of the Department of Labor. (6) Vocational Rehabilitation for Disabled Veterans of the Department of Veterans Affairs. (c) Metrics.--The Secretary of Veterans Affairs shall establish metrics to assess the program resulting from consolidation under subsection (a). ______ SA 2827. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: TITLE II--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS SEC. 201. SHORT TITLE. This title may be cited as the ``Energy Savings and Industrial Competitiveness Act of 2012''. Subtitle A--Buildings PART I--BUILDING ENERGY CODES SEC. 211. GREATER ENERGY EFFICIENCY IN BUILDING CODES. (a) Definitions.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended-- (1) by striking paragraph (14) and inserting the following: ``(14) Model building energy code.--The term `model building energy code' means a voluntary building energy code and standards developed and updated through a consensus process among interested persons, such as the IECC or the code used by-- ``(A) the Council of American Building Officials; ``(B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or ``(C) other appropriate organizations.''; and (2) by adding at the end the following: ``(17) IECC.--The term `IECC' means the International Energy Conservation Code. ``(18) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).''. (b) State Building Energy Efficiency Codes.--Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended to read as follows: ``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. ``(a) In General.--The Secretary shall-- ``(1) encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and ``(2) support full compliance with the State and local codes. ``(b) State and Indian Tribe Certification of Building Energy Code Updates.-- ``(1) Review and updating of codes by each state and indian tribe.-- ``(A) In general.--Not later than 2 years after the date on which a model building energy code is updated, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. ``(B) Demonstration.--The certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed-- ``(i) the energy savings of the updated model building energy code; or ``(ii) the targets established under section 307(b)(2). ``(C) No model building energy code update.--If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). ``(2) Validation by secretary.--Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall-- ``(A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and ``(B) if the determination is positive, validate the certification. ``(c) Improvements in Compliance With Building Energy Codes.-- ``(1) Requirement.-- ``(A) In general.--Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has-- ``(i) achieved full compliance under paragraph (3) with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or ``(ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. ``(B) Repeat certifications.--If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. ``(2) Measurement of compliance.--A certification under paragraph (1) shall include documentation of the rate of compliance based on-- ``(A) independent inspections of a random sample of the buildings covered by the code in the preceding year; or ``(B) an alternative method that yields an accurate measure of compliance. ``(3) Achievement of compliance.--A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if-- ``(A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or ``(B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. ``(4) Significant progress toward achievement of compliance.--A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe-- ``(A) has developed and is implementing a plan for achieving compliance during the 8-year-period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and ``(B) has met the most recent target under subparagraph (A). ``(5) Validation by secretary.--Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall-- ``(A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and ``(B) if the determination is positive, validate the certification. ``(d) States or Indian Tribes That Do Not Achieve Compliance.-- ``(1) Reporting.--A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on-- ``(A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and ``(B) a plan for meeting the requirements and submitting the certification. ``(2) Federal support.--For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection (b) or (c), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities. ``(3) Local government.--In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c). ``(4) Annual reports by secretary.-- ``(A) In general.--The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on-- ``(i) the status of model building energy codes; ``(ii) the status of code adoption and compliance in the States and Indian tribes; ``(iii) implementation of this section; and ``(iv) improvements in energy savings over time as result of the targets established under section 307(b)(2). ``(B) Impacts.--The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on-- ``(i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; ``(ii) resulting energy costs to individuals and businesses; and ``(iii) resulting overall annual building ownership and operating costs. ``(e) Technical Assistance to States and Indian Tribes.-- The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes-- ``(1) to improve and implement State residential and commercial building energy codes; ``(2) to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets; ``(3) to document the rate of compliance with a building energy code; and ``(4) to otherwise promote the design and construction of energy efficient buildings. ``(f) Availability of Incentive Funding.-- [[Page S6352]] ``(1) In general.--The Secretary shall provide incentive funding to States and Indian tribes-- ``(A) to implement the requirements of this section; ``(B) to improve and implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes; and ``(C) to promote building energy efficiency through the use of the codes. ``(2) Additional funding.--Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (c)-- ``(A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (b) or (c); and ``(B) in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. ``(3) Training.--Of the amounts made available under this subsection, the State may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2). ``(4) Local governments.--States may share grants under this subsection with local governments that implement and enforce the codes. ``(g) Stretch Codes and Advanced Standards.-- ``(1) In general.--The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as-- ``(A) an option for adoption as a building energy code by local, tribal, or State governments; and ``(B) guidelines for energy-efficient building design. ``(2) Targets.--The stretch codes and advanced standards shall be designed-- ``(A) to achieve substantial energy savings compared to the model building energy codes; and ``(B) to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years. ``(h) Studies.--The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of-- ``(1) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero- net-energy after initial construction, as advances are achieved in energy-saving technologies; ``(2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; and ``(3) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code other than by a State or local government. ``(i) Effect on Other Laws.--Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended.''. (c) Federal Building Energy Efficiency Standards.--Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended by striking ``voluntary building energy code'' each place it appears in subsections (a)(2)(B) and (b) and inserting ``model building energy code''. (d) Model Building Energy Codes.--Section 307 of the Energy Conservation and Production Act (42 U.S.C. 6836) is amended to read as follows: ``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES. ``(a) In General.--The Secretary shall support the updating of model building energy codes. ``(b) Targets.-- ``(1) In general.--The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2). ``(2) Targets.-- ``(A) In general.--The Secretary shall work with State, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties to support the updating of model building energy codes by establishing 1 or more aggregate energy savings targets to achieve the purposes of this section. ``(B) Separate targets.--The Secretary may establish separate targets for commercial and residential buildings. ``(C) Baselines.--The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1-2010 for commercial buildings. ``(D) Specific years.-- ``(i) In general.--Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that-- ``(I) is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective, while accounting for the economic considerations under paragraph (4); ``(II) is higher than the preceding target; and ``(III) promotes the achievement of commercial and residential high-performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)). ``(ii) Initial targets.--Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. ``(iii) Different target years.--Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met. ``(iv) Small business.--When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121). ``(3) Appliance standards and other factors affecting building energy use.--In establishing building code targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- ``(A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; ``(B) advancement of distributed generation and on-site renewable power generation technologies; ``(C) equipment improvements for heating, cooling, and ventilation systems; ``(D) building management systems and SmartGrid technologies to reduce energy use; and ``(E) other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses. ``(4) Economic considerations.--In establishing and revising building code targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis. ``(c) Technical Assistance to Model Building Energy Code- setting and Standard Development Organizations.-- ``(1) In general.--The Secretary shall, on a timely basis, provide technical assistance to model building energy code- setting and standard development organizations consistent with the goals of this section. ``(2) Assistance.--The assistance shall include, as requested by the organizations, technical assistance in-- ``(A) evaluating code or standards proposals or revisions; ``(B) building energy analysis and design tools; ``(C) building demonstrations; ``(D) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; ``(E) performance-based standards; ``(F) evaluating economic considerations under subsection (b)(4); and ``(G) developing model building energy codes by Indian tribes in accordance with tribal law. ``(3) Amendment proposals.--The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). ``(4) Analysis methodology.--The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. ``(d) Determination.-- ``(1) Revision of model building energy codes.--If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision will-- ``(A) improve energy efficiency in buildings compared to the existing model building energy code; and ``(B) meet the applicable targets under subsection (b)(2). ``(2) Codes or standards not meeting targets.-- ``(A) In general.--If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), the Secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence, taking into consideration-- ``(i) whether the modified code is technically feasible and life-cycle cost effective; [[Page S6353]] ``(ii) available appliances, technologies, materials, and construction practices; and ``(iii) the economic considerations under subsection (b)(4). ``(B) Incorporation of changes.-- ``(i) In general.--On receipt of the proposed changes, the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary to the model building energy code or standard for the Secretary to make a final determination. ``(ii) Final determination.--A final determination under paragraph (1) shall be on the modified model building energy code or standard. ``(e) Administration.--In carrying out this section, the Secretary shall-- ``(1) publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment; and ``(2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section. ``(f) Voluntary Codes and Standards.--Nothwithstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law.''. PART II--WORKER TRAINING AND CAPACITY BUILDING SEC. 221. BUILDING TRAINING AND ASSESSMENT CENTERS. (a) In General.--The Secretary of Energy shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b)) to establish building training and assessment centers-- (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy- intensive buildings; and (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and Nonduplication.-- (1) In general.--The Secretary shall coordinate the program with the Industrial Assessment Centers program and with other Federal programs to avoid duplication of effort. (2) Collocation.--To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers. Subtitle B--Building Efficiency Finance SEC. 231. 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 payment obligations. ``(3) Project.--The term `project' means the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures in a building (or in 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; and ``(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) requirements to preserve priority lien status of secured lenders and 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) $10,000,000 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 [[Page S6354]] 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) Report.--Not later than 1 year after commencement of the program, the Secretary shall submit to the appropriate committees of 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) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $400,000,000 for the period of fiscal years 2012 through 2021, to remain available until expended. ``(2) Administrative costs.--Not more than 1 percent of any amounts made available to the Secretary under paragraph (1) may be used by the Secretary for administrative costs incurred in carrying out this section.''. Subtitle C--Industrial Efficiency and Competitiveness PART I--MANUFACTURING ENERGY EFFICIENCY SEC. 241. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY REVOLVING LOAN PROGRAM. Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1) is amended-- (1) in the section heading, by inserting ``and industry'' before the period at the end; (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3) by inserting after subsection (g) the following: ``(h) State Partnership Industrial Energy Efficiency Revolving Loan Program.-- ``(1) In general.--The Secretary shall carry out a program under which the Secretary shall provide grants to eligible lenders to pay the Federal share of creating a revolving loan program under which loans are provided to commercial and industrial manufacturers to implement commercially available technologies or processes that significantly-- ``(A) reduce systems energy intensity, including the use of energy-intensive feedstocks; and ``(B) improve the industrial competitiveness of the United States. ``(2) Eligible lenders.--To be eligible to receive cost- matched Federal funds under this subsection, a lender shall-- ``(A) be a community and economic development lender that the Secretary certifies meets the requirements of this subsection; ``(B) lead a partnership that includes participation by, at a minimum-- ``(i) a State government agency; and ``(ii) a private financial institution or other provider of loan capital; ``(C) submit an application to the Secretary, and receive the approval of the Secretary, for cost-matched Federal funds to carry out a loan program described in paragraph (1); and ``(D) ensure that non-Federal funds are provided to match, on at least a dollar-for-dollar basis, the amount of Federal funds that are provided to carry out a revolving loan program described in paragraph (1). ``(3) Award.--The amount of cost-matched Federal funds provided to an eligible lender shall not exceed $100,000,000 for any fiscal year. ``(4) Recapture of awards.-- ``(A) In general.--An eligible lender that receives an award under paragraph (1) shall be required to repay to the Secretary an amount of cost-match Federal funds, as determined by the Secretary under subparagraph (B), if the eligible lender is unable or unwilling to operate a program described in this subsection for a period of not less than 10 years beginning on the date on which the eligible lender first receives funds made available through the award. ``(B) Determination by secretary.--The Secretary shall determine the amount of cost-match Federal funds that an eligible lender shall be required to repay to the Secretary under subparagraph (A) based on the consideration by the Secretary of-- ``(i) the amount of non-Federal funds matched by the eligible lender; ``(ii) the amount of loan losses incurred by the revolving loan program described in paragraph (1); and ``(iii) any other appropriate factor, as determined by the Secretary. ``(C) Use of recaptured cost-match federal funds.--The Secretary may distribute to eligible lenders under this subsection each amount received by the Secretary under this paragraph. ``(5) Eligible projects.--A program for which cost-matched Federal funds are provided under this subsection shall be designed to accelerate the implementation of industrial and commercial applications of technologies or processes (including distributed generation, applications or technologies that use sensors, meters, software, and information networks, controls, and drives or that have been installed pursuant to an energy savings performance contract, project, or strategy) that-- ``(A) improve energy efficiency, including improvements in efficiency and use of water, power factor, or load management; ``(B) enhance the industrial competitiveness of the United States; and ``(C) achieve such other goals as the Secretary determines to be appropriate. ``(6) Evaluation.--The Secretary shall evaluate applications for cost-matched Federal funds under this subsection on the basis of-- ``(A) the description of the program to be carried out with the cost-matched Federal funds; ``(B) the commitment to provide non-Federal funds in accordance with paragraph (2)(D); ``(C) program sustainability over a 10-year period; ``(D) the capability of the applicant; ``(E) the quantity of energy savings or energy feedstock minimization; ``(F) the advancement of the goal under this Act of 25- percent energy avoidance; ``(G) the ability to fund energy efficient projects not later than 120 days after the date of the grant award; and ``(H) such other factors as the Secretary determines appropriate. ``(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $400,000,000 for the period of fiscal years 2012 through 2021.''. SEC. 242. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES FOR INDUSTRY. (a) In General.--As part of the research and development activities of the Industrial Technologies Program of the Department of Energy, the Secretary shall establish, as appropriate, collaborative research and development partnerships with other programs within the Office of Energy Efficiency and Renewable Energy (including the Building Technologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science that-- (1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology development; (2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and (3) apply the knowledge and expertise of the Industrial Technologies Program to help achieve the program goals of the other programs. (b) Reports.--Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions. SEC. 243. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL ENERGY EFFICIENCY. (a) Definitions.--In this section: (1) Industrial energy efficiency.--The term ``industrial energy efficiency'' means the energy efficiency derived from commercial technologies and measures to improve energy efficiency or to generate or transmit electric power and heat, including electric motor efficiency improvements, demand response, direct or indirect combined heat and power, and waste heat recovery. (2) Industrial sector.--The term ``industrial sector'' means any subsector of the manufacturing sector (as defined in North American Industry Classification System codes 31-33 (as in effect on the date of enactment of this Act)) establishments of which have, or could have, thermal host facilities with electricity requirements met in whole, or in part, by onsite electricity generation, including direct and indirect combined heat and power or waste recovery. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. [[Page S6355]] (b) Report on the Deployment of Industrial Energy Efficiency.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing-- (A) the results of the study conducted under paragraph (2); and (B) recommendations and guidance developed under paragraph (3). (2) Study.--The Secretary, in coordination with the industrial sector, shall conduct a study of the following: (A) The legal, regulatory, and economic barriers to the deployment of industrial energy efficiency in all electricity markets (including organized wholesale electricity markets, and regulated electricity markets), including, as applicable, the following: (i) Transmission and distribution interconnection requirements. (ii) Standby, back-up, and maintenance fees (including demand ratchets). (iii) Exit fees. (iv) Life of contract demand ratchets. (v) Net metering. (vi) Calculation of avoided cost rates. (vii) Power purchase agreements. (viii) Energy market structures. (ix) Capacity market structures. (x) Other barriers as may be identified by the Secretary, in coordination with the industrial sector. (B) Examples of -- (i) successful State and Federal policies that resulted in greater use of industrial energy efficiency; (ii) successful private initiatives that resulted in greater use of industrial energy efficiency; and (iii) cost-effective policies used by foreign countries to foster industrial energy efficiency. (C) The estimated economic benefits to the national economy of providing the industrial sector with Federal energy efficiency matching grants of $5,000,000,000 for 5- and 10- year periods, including benefits relating to-- (i) estimated energy and emission reductions; (ii) direct and indirect jobs saved or created; (iii) direct and indirect capital investment; (iv) the gross domestic product; and (v) trade balance impacts. (D) The estimated energy savings available from increased use of recycled material in energy-intensive manufacturing processes. (3) Recommendations and guidance.--The Secretary, in coordination with the industrial sector, shall develop policy recommendations regarding the deployment of industrial energy efficiency, including proposed regulatory guidance to States and relevant Federal agencies to address barriers to deployment. SEC. 244. FUTURE OF INDUSTRY PROGRAM. (a) In General.--Section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended by striking the section heading and inserting the following: ``future of industry program''. (b) Definition of Energy Service Provider.--Section 452(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (3): ``(5) Energy service provider.--The term `energy service provider' means any private company or similar entity providing technology or services to improve energy efficiency in an energy-intensive industry.''. (c) Industrial Research and Assessment Centers.-- (1) In general.--Section 452(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) is amended-- (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (B) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; (C) in subparagraph (A) (as redesignated by subparagraph (A)), by inserting before the semicolon at the end the following: ``, including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes''; and (D) by adding at the end the following: ``(2) Centers of excellence.-- ``(A) In general.--The Secretary shall establish a Center of Excellence at up to 10 of the highest performing industrial research and assessment centers, as determined by the Secretary. ``(B) Duties.--A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence. ``(C) Funding.--Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to support each Center of Excellence not less than $500,000 for fiscal year 2012 and each fiscal year thereafter, as determined by the Secretary. ``(3) Expansion of centers.--The Secretary shall provide funding to establish additional industrial research and assessment centers at institutions of higher education that do not have industrial research and assessment centers established under paragraph (1), taking into account the size of, and potential energy efficiency savings for, the manufacturing base within the region of the proposed center. ``(4) Coordination.-- ``(A) In general.--To increase the value and capabilities of the industrial research and assessment centers, the centers shall-- ``(i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; ``(ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers; ``(iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs; ``(iv) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; ``(v) identify opportunities for reducing greenhouse gas emissions; and ``(vi) promote sustainable manufacturing practices for small- and medium-sized manufacturers. ``(5) Outreach.--The Secretary shall provide funding for-- ``(A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and ``(B) a full-time equivalent employee at each center of excellence whose primary mission shall be to coordinate and leverage the efforts of the center with-- ``(i) Federal and State efforts; ``(ii) the efforts of utilities and energy service providers; ``(iii) the efforts of regional energy efficiency organizations; and ``(iv) the efforts of other centers in the region of the center of excellence. ``(6) Workforce training.-- ``(A) In general.--The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. ``(B) Federal share.--The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent. ``(C) Funding.--Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to carry out this paragraph not less than $5,000,000 for fiscal year 2012 and each fiscal year thereafter. ``(7) Small business loans.--The Administrator of the Small Business Administration shall, to the maximum practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations of industrial research and assessment centers established under paragraph (1).''. SEC. 245. SUSTAINABLE MANUFACTURING INITIATIVE. (a) In General.--Part E of title III of the Energy Policy and Conservation Act (42 U.S.C. 6341) is amended by adding at the end the following: ``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. ``(a) In General.--As part of the Industrial Technologies Program of the Department of Energy, the Secretary shall carry out a sustainable manufacturing initiative under which the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for-- ``(1) maximizing the energy efficiency of industrial processes and cross-cutting systems; ``(2) preventing pollution and minimizing waste; ``(3) improving efficient use of water in manufacturing processes; ``(4) conserving natural resources; and ``(5) achieving such other goals as the Secretary determines to be appropriate. ``(b) Coordination.--The Secretary shall carry out the initiative in coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology to accelerate adoption of new and existing technologies or processes that improve energy efficiency. ``(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes.--As part of the Industrial Technologies Program of the Department of Energy, the Secretary shall carry out a joint industry- government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial systems, reduce pollution, and conserve natural resources. ``(d) Authorization of Appropriations.--There is authorized to be to carry out this section $10,000,000 for the period of fiscal years 2012 through 2021.''. (b) Table of Contents.--The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: ``Sec. 376. Sustainable manufacturing initiative.''. [[Page S6356]] SEC. 246. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING CAPABILITIES IN THE UNITED STATES. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study of the development of advanced manufacturing capabilities for various energy technologies, including-- (1) an assessment of the manufacturing supply chains of established and emerging industries; (2) an analysis of-- (A) the manner in which supply chains have changed over the 25-year period ending on the date of enactment of this Act; (B) current trends in supply chains; and (C) the energy intensity of each part of the supply chain and opportunities for improvement; (3) for each technology or manufacturing sector, an analysis of which sections of the supply chain are critical for the United States to retain or develop to be competitive in the manufacturing of the technology; (4) an assessment of which emerging energy technologies the United States should focus on to create or enhance manufacturing capabilities; and (5) recommendations on leveraging the expertise of energy efficiency and renewable energy user facilities so that best materials and manufacturing practices are designed and implemented. (b) Report.--Not later than 2 years after the date on which the Secretary enters into the agreement with the Academy described in subsection (a), the Academy shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary a report describing the results of the study required under this section, including any findings and recommendations. SEC. 247. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE. The Secretary shall establish an advisory steering committee that includes national trade associations representing energy-intensive industries or energy service providers to provide recommendations to the Secretary on planning and implementation of the Industrial Technologies Program of the Department of Energy. PART II--SUPPLY STAR SEC. 251. SUPPLY STAR. Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by inserting after section 324A (42 U.S.C. 6294a) the following: ``SEC. 324B. SUPPLY STAR PROGRAM. ``(a) In General.--There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. ``(b) Coordination.--In carrying out the program described in subsection (a), the Secretary shall-- ``(1) consult with other appropriate agencies; and ``(2) coordinate efforts with the Energy Star program established under section 324A. ``(c) Duties.--In carrying out the Supply Star program described in subsection (a), the Secretary shall-- ``(1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency; ``(2) work to enhance industry and public awareness of the Supply Star program; ``(3) collect and disseminate data on supply chain energy resource consumption; ``(4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; ``(5) develop guidance at the sector level for improving supply chain efficiency; ``(6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and ``(7) work with industry, including small businesses, to improve supply chain efficiency through activities that include-- ``(A) developing and sharing best practices; and ``(B) providing opportunities to benchmark supply chain efficiency. ``(d) Evaluation.--In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal. ``(e) Grants and Incentives.-- ``(1) In general.--The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of-- ``(A) studying supply chain energy resource efficiency; and ``(B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products. ``(2) Use of information.--Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program. ``(f) Training.--The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. ``(g) Effect of Impact on Climate Change.--For purposes of this section, the impact on climate change shall not be a factor in determining supply chain efficiency. ``(h) Effect of Outsourcing of American Jobs.--For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2012 through 2021.''. PART III--ELECTRIC MOTOR REBATE PROGRAM SEC. 261. ENERGY SAVING MOTOR CONTROL REBATE PROGRAM. (a) Establishment.--Not later than January 1, 2012, the Secretary of Energy (referred to in this section as the ``Secretary'') shall establish a program to provide rebates for expenditures made by entities for the purchase and installation of a new constant speed electric motor control that reduces motor energy use by not less than 5 percent. (b) Requirements.-- (1) Application.--To be eligible to receive a rebate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including-- (A) demonstrated evidence that the entity purchased a constant speed electric motor control that reduces motor energy use by not less than 5 percent; and (B) the physical nameplate of the installed motor of the entity to which the energy saving motor control is attached. (2) Authorized amount of rebate.--The Secretary may provide to an entity that meets the requirements of paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying-- (A) the nameplate horsepower of the electric motor to which the energy saving motor control is attached; and (B) $25. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain available until expended. PART IV--TRANSFORMER REBATE PROGRAM SEC. 271. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM. (a) Definition of Qualified Transformer.--In this section, the term ``qualified transformer'' means a transformer that meets or exceeds the National Electrical Manufacturers Association (NEMA) Premium Efficiency designation, calculated to 2 decimal points, as having 30 percent fewer losses than the NEMA TP-1-2002 efficiency standard for a transformer of the same number of phases and capacity, as measured in kilovolt-amperes. (b) Establishment.--Not later than January 1, 2012, the Secretary of Energy (referred to in this section as the ``Secretary'') shall establish a program to provide rebates for expenditures made by owners of commercial buildings and multifamily residential buildings for the purchase and installation of a new energy efficient transformers. (c) Requirements.-- (1) Application.--To be eligible to receive a rebate under this section, an owner shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the owner purchased a qualified transformer. (2) Authorized amount of rebate.--For qualified transformers, rebates, in dollars per kilovolt-ampere (referred to in this paragraph as ``kVA'') shall be-- (A) for 3-phase transformers-- (i) with a capacity of not greater than 10 kVA, $15; (ii) with a capacity of not less than 10 kVA and not greater than 100 kVA, the difference between 15 and the quotient obtained by dividing-- (I) the difference between-- (aa) the capacity of the transformer in kVA; and (bb) 10; by (II) 9; and (iii) with a capacity greater than or equal to 100 kVA, $5; and (B) for single-phase transformers, 75 percent of the rebate for a 3-phase transformer of the same capacity. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain available until expended. Subtitle D--Federal Agency Energy Efficiency SEC. 281. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY FEDERAL AGENCIES. (a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for [[Page S6357]] Federal agencies to employ advanced tools allowing energy savings through the use of computer hardware, energy efficiency software, and power management tools. (b) Reports on Plans and Savings.--Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Federal agency shall submit to the Secretary of Energy a report that describes-- (1) the plan of the agency for implementing the guidance within the agency; and (2) estimated energy and financial savings from employing the tools described in subsection (a). SEC. 282. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. Section 3307 of title 40, United States Code, is amended-- (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: ``(d) Availability of Funds for Design Updates.-- ``(1) In general.--Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312. ``(2) Limitation.--The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life-cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254).''. SEC. 283. BEST PRACTICES FOR ADVANCED METERING. Section 543(e) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e) is amended by striking paragraph (3) and inserting the following: ``(3) Plan.-- ``(A) In general.--Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including-- ``(i) how the agency will designate personnel primarily responsible for achieving the requirements; and ``(ii) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable. ``(B) Updates.--Reports submitted under subparagraph (A) shall be updated annually. ``(4) Best practices report.-- ``(A) In general.--Not later than 180 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2012, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy use in Federal facilities, buildings, and equipment by Federal agencies. ``(B) Updating.--The report described under subparagraph (A) shall be updated annually. ``(C) Components.--The report shall include, at a minimum-- ``(i) summaries and analysis of the reports by agencies under paragraph (3); ``(ii) recommendations on standard requirements or guidelines for automated energy management systems, including-- ``(I) potential common communications standards to allow data sharing and reporting; ``(II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and ``(III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and ``(iii) an analysis of-- ``(I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and ``(II) existing techniques used within the private sector or other non-Federal government buildings.''. SEC. 284. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) by redesignating the second subsection (f) (as added by section 434(a) of Public Law 110-140 (121 Stat. 1614)) as subsection (g); and (2) in subsection (f)(7), by striking subparagraph (A) and inserting the following: ``(A) In general.--For each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web-based tracking system under subparagraph (B)-- ``(i) to certify compliance with the requirements for-- ``(I) energy and water evaluations under paragraph (3); ``(II) implementation of identified energy and water measures under paragraph (4); and ``(III) follow-up on implemented measures under paragraph (5); and ``(ii) to publish energy and water consumption data on an individual facility basis.''. SEC. 285. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. Section 804(4) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) a measure to support the use of electric vehicles or the fueling or charging infrastructure necessary for electric vehicles.''. SEC. 286. FEDERAL PURCHASE REQUIREMENT. Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended-- (1) in subsections (a) and (b)(2), by striking ``electric energy'' each place it appears and inserting ``electric, direct, and thermal energy''; (2) in subsection (b)(2)-- (A) by inserting ``, or avoided by,'' after ``generated from''; and (B) by inserting ``(including ground-source, reclaimed, and ground water)''after ``geothermal''; (3) by redesignating subsection (d) as subsection (e); and (4) by inserting after subsection (c) the following: ``(d) Separate Calculation.--Renewable energy produced at a Federal facility, on Federal land, or on Indian land (as defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))-- ``(1) shall be calculated (on a BTU-equivalent basis) separately from renewable energy used; and ``(2) may be used individually or in combination to comply with subsection (a).''. SEC. 287. STUDY ON FEDERAL DATA CENTER CONSOLIDATION. (a) In General.--The Secretary of Energy shall conduct a study on the feasibility of a government-wide data center consolidation, with an overall Federal target of a minimum of 800 Federal data center closures by October 1, 2015. (b) Coordination.--In conducting the study, the Secretary shall coordinate with Federal data center program managers, facilities managers, and sustainability officers. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study, including a description of agency best practices in data center consolidation. Subtitle E--Miscellaneous SEC. 291. OFFSETS. (a) Zero-Net Energy Commercial Buildings Initiative.-- Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended by striking paragraphs (2) through (4) and inserting the following: ``(2) $50,000,000 for each of fiscal years 2009 through 2012; ``(3) $100,000,000 for fiscal year 2013; and ``(4) $200,000,000 for each of fiscal years 2014 through 2018.''. (b) Energy Sustainability and Efficiency Grants and Loans for Institutions.--Subsection (j) of section 399A of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1) (as redesignated by section 241(2)) is amended-- (1) in paragraph (1), by striking ``through 2013'' and inserting ``and 2010, $100,000,000 for each of fiscal years 2011 and 2012, and $250,000,000 for fiscal year 2013''; and (2) in paragraph (2), by striking ``through 2013'' and inserting ``and 2010, $100,000,000 for each of fiscal years 2011 and 2012, and $425,000,000 for fiscal year 2013''. (c) Waste Energy Recovery Incentive Program.--Section 373(f)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6343(f)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by striking subparagraph (A) and inserting the following: ``(A) $100,000,000 for fiscal year 2008; ``(B) $200,000,000 for each of fiscal years 2009 and 2010; ``(C) $100,000,000 for each of fiscal years 2011 and 2012; and''. (d) Energy-intensive Industries Program.--Section 452(f)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f)(1)) is amended-- (1) in subparagraph (D), by striking ``$202,000,000'' and inserting ``$102,000,000''; and (2) in subparagraph (E), by striking ``$208,000,000'' and inserting ``$108,000,000''. SEC. 292. ADVANCE APPROPRIATIONS REQUIRED. The authorization of amounts under this title and the amendments made by this title shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts. ______ SA 2828. Mr. HOEVEN (for himself and Mr. Manchin) submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end of the amendment, add the following: [[Page S6358]] SEC. 19. KEYSTONE XL PERMIT APPROVAL. (a) In General.--Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the South Dakota/Nebraska border. (b) Environmental Impact Statement.--The final environmental impact statement issued by the Secretary of State on August 26, 2011, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environment Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Intrastate Portion.--Nothing in this section affects the ongoing work of the State of Nebraska with regard to the fully intrastate portion of the Keystone XL pipeline. ______ SA 2829. Ms. KLOBUCHAR (for herself and Mr. Enzi) submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. GRANTS FOR EMERGENCY MEDICAL SERVICES PERSONNEL TRAINING FOR VETERANS. Section 330J(c)(8) of the Public Health Service Act (42 U.S.C. 254c-15(c)(8)) is amended by inserting before the period the following: ``, including, as provided by the Secretary, may use funds to provide to military veterans required coursework and training that take into account, and are not duplicative of, previous medical coursework and training received when such veterans were active members of the Armed Forces, to enable such veterans to satisfy emergency medical services personnel certification requirements, as determined by the appropriate State regulatory entity''. ______ SA 2830. Mr. COCHRAN submitted an amendment intended to be proposed to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: On page 9, strike lines 24 and 25 and insert the following: (1) In general.--There is authorized to be appropriated to the Secretary of Veterans ______ SA 2831. Mr. COCHRAN submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: On page 9, strike lines 4 and 5 and insert the following: (1) In general.--There is authorized to be appropriated to the Secretary of Veterans ______ SA 2832. Mr. HOEVEN (for himself and Mr. Manchin) submitted an amendment intended to be proposed to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end of the amendment, add the following: SEC. 19. KEYSTONE XL PERMIT APPROVAL. (a) In General.--Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the South Dakota/Nebraska border. (b) Environmental Impact Statement.--The final environmental impact statement issued by the Secretary of State on August 26, 2011, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environment Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Intrastate Portion.--Nothing in this section affects the ongoing work of the State of Nebraska with regard to the fully intrastate portion of the Keystone XL pipeline. ______ SA 2833. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS BUSINESS DEVELOPMENT. (a) In General.--Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (f) and inserting the following: ``(f) Online Coordination.-- ``(1) Definition.--In this subsection, the term `veterans' assistance provider' means-- ``(A) a veterans' business center established under subsection (g); ``(B) an employee of the Administration assigned to the Office of Veterans Business Development; and ``(C) a veterans business ownership representative designated under subsection (g)(13)(B). ``(2) Establishment.--The Associate Administrator shall establish an online mechanism to-- ``(A) provide information that assists veterans' assistance providers in carrying out the activities of the veterans' assistance providers; and ``(B) coordinate and leverage the work of the veterans' assistance providers, including by allowing a veterans' assistance provider to-- ``(i) distribute best practices and other materials; ``(ii) communicate with other veterans' assistance providers regarding the activities of the veterans' assistance provider on behalf of veterans; and ``(iii) pose questions to and request input from other veterans' assistance providers. ``(g) Veterans' Business Center Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `active duty' has the meaning given that term in section 101 of title 10, United States Code; ``(B) the term `private nonprofit organization' means an entity that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(C) the term `Reservist' means a member of a reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code; ``(D) the term `Service Corps of Retired Executives' means the Service Corps of Retired Executives authorized under section 8(b)(1); ``(E) the term `small business concern owned and controlled by veterans'-- ``(i) has the same meaning as in section 3(q); and ``(ii) includes a small business concern-- ``(I) not less than 51 percent of which is owned by one or more spouses of veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more spouses of veterans; and ``(II) the management and daily business operations of which are controlled by one or more spouses of veterans; ``(F) the term `spouse', relating to a veteran, service- disabled veteran, or Reservist, includes an individual who is the spouse of a veteran, service-disabled veteran, or Reservist on the date on which the veteran, service-disabled veteran, or Reservist died; ``(G) the term `veterans' business center program' means the program established under paragraph (2)(A); and ``(H) the term `women's business center' means a women's business center described in section 29. ``(2) Program established.-- ``(A) In general.--The Administrator, acting through the Associate Administrator, shall establish a veterans' business center program, under which the Associate Administrator may provide financial assistance to a private nonprofit organization to conduct a 5-year project for the benefit of small business concerns owned and controlled by veterans, which may be renewed for one or more additional 5-year periods. ``(B) Form of financial assistance.--Financial assistance under this subsection may be in the form of a grant, a contract, or a cooperative agreement. ``(3) Veterans' business centers.--Each private nonprofit organization that receives financial assistance under this subsection shall establish or operate a veterans' business center (which may include establishing or operating satellite offices in the region described in paragraph (5) served by that private nonprofit organization) that provides to veterans (including service-disabled veterans), Reservists, and the spouses of veterans (including service-disabled veterans) and Reservists-- ``(A) financial advice, including training and counseling on applying for and securing business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a small business concern; ``(B) management advice, including training and counseling on the planning, organization, staffing, direction, and control of each major activity and function of a small business concern; ``(C) marketing advice, including training and counseling on identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and using public relations and advertising techniques; and ``(D) advice, including training and counseling, for Reservists and the spouses of Reservists. ``(4) Application.-- [[Page S6359]] ``(A) In general.--A private nonprofit organization desiring to receive financial assistance under this subsection shall submit an application to the Associate Administrator at such time and in such manner as the Associate Administrator may require. ``(B) 5-year plan.--Each application described in subparagraph (A) shall include a 5-year plan on proposed fundraising and training activities relating to the veterans' business center. ``(C) Determination and notification.--Not later than 60 days after the date on which a private nonprofit organization submits an application under subparagraph (A), the Associate Administrator shall approve or deny the application and notify the applicant of the determination. ``(D) Availability of application.--The Associate Administrator shall make every effort to make the application under subparagraph (A) available online. ``(5) Eligibility.--The Associate Administrator may select to receive financial assistance under this subsection-- ``(A) a Veterans Business Outreach Center established by the Administrator under section 8(b)(17) on or before the day before the date of enactment of this subsection; or ``(B) private nonprofit organizations located in various regions of the United States, as the Associate Administrator determines is appropriate. ``(6) Selection criteria.-- ``(A) In general.--The Associate Administrator shall establish selection criteria, stated in terms of relative importance, to evaluate and rank applicants under paragraph (5)(C) for financial assistance under this subsection. ``(B) Criteria.--The selection criteria established under this paragraph shall include-- ``(i) the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of veterans, and the spouses of veterans, who own or may own small business concerns; ``(ii) for an applicant for initial financial assistance under this subsection-- ``(I) the ability of the applicant to begin operating a veterans' business center within a minimum amount of time; and ``(II) the geographic region to be served by the veterans' business center; ``(iii) the demonstrated ability of the applicant to-- ``(I) provide managerial counseling and technical assistance to entrepreneurs; and ``(II) coordinate services provided by veterans services organizations and other public or private entities; and ``(iv) for any applicant for a renewal of financial assistance under this subsection, the results of the most recent examination under paragraph (10) of the veterans' business center operated by the applicant. ``(C) Criteria publicly available.--The Associate Administrator shall-- ``(i) make publicly available the selection criteria established under this paragraph; and ``(ii) include the criteria in each solicitation for applications for financial assistance under this subsection. ``(7) Amount of assistance.--The amount of financial assistance provided under this subsection to a private nonprofit organization for each fiscal year shall be-- ``(A) not less than $150,000; and ``(B) not more than $200,000. ``(8) Federal share.-- ``(A) In general.-- ``(i) Initial financial assistance.--Except as provided in clause (ii) and subparagraph (E), a private nonprofit organization that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business center established by the private nonprofit organization in an amount equal to-- ``(I) in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and ``(II) in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection. ``(ii) Renewals.--A private nonprofit organization that receives a renewal of financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business center established by the private nonprofit organization in an amount equal to not less than 50 percent of the amount of the financial assistance received under this subsection. ``(B) Form of non-federal share.--Not more than 50 percent of the non-Federal share for a project carried out using financial assistance under this subsection may be in the form of in-kind contributions. ``(C) Timing of disbursement.--The Associate Administrator may disburse not more than 25 percent of the financial assistance awarded to a private nonprofit organization before the private nonprofit organization obtains the non-Federal share required under this paragraph with respect to that award. ``(D) Failure to obtain non-federal funding.-- ``(i) In general.--If a private nonprofit organization that receives financial assistance under this subsection fails to obtain the non-Federal share required under this paragraph during any fiscal year, the private nonprofit organization may not receive a disbursement under this subsection in a subsequent fiscal year or a disbursement for any other project funded by the Administration, unless the Administrator makes a written determination that the private nonprofit organization will be able to obtain a non-Federal contribution. ``(ii) Restoration.--A private nonprofit organization prohibited from receiving a disbursement under clause (i) in a fiscal year may receive financial assistance in a subsequent fiscal year if the organization obtains the non- Federal share required under this paragraph for the subsequent fiscal year. ``(E) Waiver of non-federal share.-- ``(i) In general.--Upon request by a private nonprofit organization, and in accordance with this subparagraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under subparagraph (A) for a fiscal year. The Administrator may not waive the requirement for a private nonprofit organization to obtain non-Federal funds under this subparagraph for more than a total of 2 fiscal years. ``(ii) Considerations.--In determining whether to waive the requirement to obtain non-Federal funds under this subparagraph, the Administrator shall consider-- ``(I) the economic conditions affecting the private nonprofit organization; ``(II) the impact a waiver under this subparagraph would have on the credibility of the veterans' business center program; ``(III) the demonstrated ability of the private nonprofit organization to raise non-Federal funds; and ``(IV) the performance of the private nonprofit organization. ``(iii) Limitation.--The Administrator may not waive the requirement to obtain non-Federal funds under this subparagraph if granting the waiver would undermine the credibility of the veterans' business center program. ``(9) Contract authority.--A veterans' business center may enter into a contract with a Federal department or agency to provide specific assistance to veterans, service-disabled veterans, Reservists, or the spouses of veterans, service- disabled veterans, or Reservists. Performance of such contract shall not hinder the veterans' business center in carrying out the terms of the grant received by the veterans' business centers from the Administrator. ``(10) Examination and determination of viability.-- ``(A) Examination.-- ``(i) In general.--The Associate Administrator shall conduct an annual examination of the programs and finances of each veterans' business center established or operated using financial assistance under this subsection. ``(ii) Factors.--In conducting the examination under clause (i), the Associate Administrator shall consider whether the veterans' business center has failed-- ``(I) to provide the information required to be provided under subparagraph (B), or the information provided by the center is inadequate; ``(II) the center has failed to comply with a requirement for participation in the veterans' business center program, as determined by the Assistant Administrator, including-- ``(aa) failure to acquire or properly document a non- Federal share; ``(bb) failure to establish an appropriate partnership or program for marketing and outreach to small business concerns; ``(cc) failure to achieve results described in a financial assistance agreement; and ``(dd) failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center; ``(III) to carry out the 5-year plan under in paragraph (4)(B); or ``(IV) to meet the eligibility requirements under paragraph (5). ``(B) Information provided.--In the course of an examination under subparagraph (A), the veterans' business center shall provide to the Associate Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the most recent full fiscal year; ``(ii) documentation of the amount of non-Federal contributions obtained and expended by the veterans' business center during the most recent full fiscal year; and ``(iii) with respect to any in-kind contribution under paragraph (8)(B), verification of the existence and valuation of such contributions. ``(C) Determination of viability.--The Associate Administrator shall analyze the results of each examination under this paragraph and, based on that analysis, make a determination regarding the viability of the programs and finances of each veterans' business center. ``(D) Discontinuation of funding.-- ``(i) In general.--The Associate Administrator may discontinue an award of financial assistance to a private nonprofit organization at any time if the Associate Administrator determines under subparagraph (C) that the veterans' business center operated by that organization is not viable. ``(ii) Restoration.--The Associate Administrator may continue to provide financial assistance to a private nonprofit organization in a subsequent fiscal year if the Associate Administrator determines under subparagraph (C) that the veterans' business center is viable. ``(11) Privacy requirements.-- ``(A) In general.--Except as provided in subparagraph (B), a veterans' business center established or operated using financial assistance provided under this subsection may not disclose the name, address, or telephone number of any individual or small business [[Page S6360]] concern that receives advice from the veterans' business center without the consent of the individual or small business concern. ``(B) Exception.--A veterans' business center may disclose information described in subparagraph (A)-- ``(i) if the Administrator or Associate Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) to the extent that the Administrator or Associate Administrator determines that such a disclosure is necessary to conduct a financial audit of a veterans' business center. ``(C) Administration use of information.--This paragraph does not-- ``(i) restrict access by the Administrator to program activity data; or ``(ii) prevent the Administrator from using information not described in subparagraph (A) to conduct surveys of individuals or small business concerns that receive advice from a veterans' business center. ``(D) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures under subparagraph (B)(ii). ``(12) Report.-- ``(A) In general.--Not later than 60 days after the end of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the veterans' business center program in each region during the most recent full fiscal year. ``(B) Contents.--Each report under this paragraph shall include, at a minimum, for each veterans' business center established or operated using financial assistance provided under this subsection-- ``(i) the number of individuals receiving assistance from the veterans' business center, including the number of such individuals who are-- ``(I) veterans or spouses of veterans; ``(II) service-disabled veterans or spouses of service- disabled veterans; or ``(III) Reservists or spouses of Reservists; ``(ii) the number of startup small business concerns formed by individuals receiving assistance from the veterans' business center, including-- ``(I) veterans or spouses of veterans; ``(II) service-disabled veterans or spouses of service- disabled veterans; or ``(III) Reservists or spouses of Reservists; ``(iii) the gross receipts of small business concerns that receive advice from the veterans' business center; ``(iv) the employment increases or decreases of small business concerns that receive advice from the veterans' business center; ``(v) to the maximum extent practicable, the increases or decreases in profits of small business concerns that receive advice from the veterans' business center; and ``(vi) the results of the examination of the veterans' business center under paragraph (10). ``(13) Coordination of efforts and consultation.-- ``(A) Coordination and consultation.--To the extent practicable, the Associate Administrator and each private nonprofit organization that receives financial assistance under this subsection shall-- ``(i) coordinate outreach and other activities with other programs of the Administration and the programs of other Federal agencies; ``(ii) consult with technical representatives of the district offices of the Administration in carrying out activities using financial assistance under this subsection; and ``(iii) provide information to the veterans business ownership representatives designated under subparagraph (B) and coordinate with the veterans business ownership representatives to increase the ability of the veterans business ownership representatives to provide services throughout the area served by the veterans business ownership representatives. ``(B) Veterans business ownership representatives.-- ``(i) Designation.--The Administrator shall designate not fewer than 1 individual in each district office of the Administration as a veterans business ownership representative, who shall communicate and coordinate activities of the district office with private nonprofit organizations that receive financial assistance under this subsection. ``(ii) Initial designation.--The first individual in each district office of the Administration designated by the Administrator as a veterans business ownership representative under clause (i) shall be an individual that is employed by the Administration on the date of enactment of this subsection. ``(14) Existing contracts.--An award of financial assistance under this subsection shall not void any contract between a private nonprofit organization and the Administration that is in effect on the date of such award. ``(h) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to carry out subsections (a) through (f), $2,000,000 for each of fiscal years 2013 through 2015; and ``(2) to carry out subsection (g)-- ``(A) $8,000,000 for fiscal year 2013; ``(B) $8,500,000 for fiscal year 2014; and ``(C) $9,000,000 for fiscal year 2015.''. (b) GAO Reports.-- (1) Definitions.--In this subsection-- (A) the terms ``small business concern'' and ``veteran'' have the meanings given those terms under section 3 of the Small Business Act (15 U.S.C. 632); and (B) the terms ``Reservist'', ``small business concern owned and controlled by veterans'', and ``veterans' business center program'' have the meanings given those terms in section 32(g) of the Small Business Act, as added by this section. (2) Report on access to credit.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a report regarding the ability of small business concern owned and controlled by veterans to access credit to-- (i) the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives. (B) Contents.--The report submitted under subparagraph (A) shall include an analysis of-- (i) the sources of credit used by small business concerns owned and controlled by veterans and percentage of the credit obtained by small business concern owned and controlled by veterans that is obtained from each source; (ii) the default rate for small business concerns owned and controlled by veterans separately for each source of credit described in clause (i), as compared to the default rate for the source of credit for small business concerns generally; (iii) the Federal lending programs available to provide credit to small business concerns owned and controlled by veterans; (iv) gaps, if any, in the availability of credit for small business concerns owned and controlled by veterans that are not being filled by the Federal Government or private sources; (v) obstacles faced by veterans in trying to access credit; (vi) the extent to which deployment and other military responsibilities affect the credit history of veterans and Reservists; and (vii) the extent to which veterans are aware of Federal programs targeted towards helping veterans access credit. (3) Report on veterans' business center program.-- (A) In general.--Not later than 60 days after the end of the second fiscal year beginning after the date on which the veterans' business center program is established, the Comptroller General of the United States shall evaluate the effectiveness of the veterans' business center program, and submit to Congress a report on the results of that evaluation. (B) Contents.--The report submitted under subparagraph (A) shall include-- (i) an assessment of-- (I) the use of amounts made available to carry out the veterans' business center program; (II) the effectiveness of the services provided by each private nonprofit organization receiving financial assistance under the veterans' business center program; (III) whether the services described in clause (ii) are duplicative of services provided by other veteran service organizations, programs of the Small Business Administration, or programs of another Federal department or agency and, if so, recommendations regarding how to alleviate the duplication of the services; and (IV) whether there are areas of the United States in which there are not adequate entrepreneurial services for small business concerns owned and controlled by veterans and, if so, whether there is a veterans' business center established under the veterans' business center program providing services to that area; and (ii) recommendations, if any, for improving the veterans' business center program. (c) Reporting Requirement for Interagency Task Force.-- Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--Not less frequently than twice each year, the Administrator shall submit to Congress a report on the appointments made to and activities of the task force.''. SEC. __. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. Section 5503(d)(7) of title 38, United States Code, is amended by striking ``September 30, 2016'' and inserting ``June 30, 2017''. ______ SA 2834. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. VETERANS TECHNOLOGY PILOT PROGRAM. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the General Services Administration; (2) the term ``Executive department'' has the same meaning as in section 101 of title 5, United States Code; [[Page S6361]] (3) the term `` `qualified veteran'' means a veteran who the Secretary determines is in need of access to a computer to search and apply for employment; (4) the term ``Secretary'' means the Secretary of Veterans Affairs; and (5) the term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (b) Pilot Program.-- (1) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator, shall establish a pilot program to provide to qualified veterans not less than 25 percent of the Government-owned computers that would otherwise be disposed of during each year at no cost or reduced cost. (2) Purposes of program.--The pilot program established under paragraph (1) shall be designed to-- (A) encourage and facilitate employment opportunities for and the entrepreneurship of veterans; (B) assist the Secretary of Labor in carrying out section 5 of this Act; and (C) reduce the overall unemployment of veterans. (3) Termination.--The authority to carry out the pilot program under this subsection shall terminate 3 years after the date on which the Secretary establishes the pilot program. (c) Report.-- (1) Report required.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator, shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report describing-- (A) the number of Government-owned computers in the 5 largest Executive departments during the 2-year period ending on the date of enactment of this Act, including the number of working computers, nonworking computers, desktop computers, and laptop computers; (B) the number of Government-owned computers disposed of by the 5 largest Executive departments during the 2-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers; (C) the procedures of the 5 largest Executive departments for the disposal of Government-owned computers; and (D) the plans of the Secretary, in coordination with the Administrator, for carrying out the pilot program under subsection (b), including any plans to give priority to veterans who are disabled. (2) Determination of largest executive departments.--For purposes of paragraph (1), the 5 largest Executive departments shall be determined on the basis of the number of employees of each Executive department and the total amount appropriated to each Executive department for the fiscal year preceding the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. ______ SA 2835. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. __. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS BUSINESS DEVELOPMENT. (a) In General.--Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (f) and inserting the following: ``(f) Online Coordination.-- ``(1) Definition.--In this subsection, the term `veterans' assistance provider' means-- ``(A) a veterans' business center established under subsection (g); ``(B) an employee of the Administration assigned to the Office of Veterans Business Development; and ``(C) a veterans business ownership representative designated under subsection (g)(13)(B). ``(2) Establishment.--The Associate Administrator shall establish an online mechanism to-- ``(A) provide information that assists veterans' assistance providers in carrying out the activities of the veterans' assistance providers; and ``(B) coordinate and leverage the work of the veterans' assistance providers, including by allowing a veterans' assistance provider to-- ``(i) distribute best practices and other materials; ``(ii) communicate with other veterans' assistance providers regarding the activities of the veterans' assistance provider on behalf of veterans; and ``(iii) pose questions to and request input from other veterans' assistance providers. ``(g) Veterans' Business Center Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `active duty' has the meaning given that term in section 101 of title 10, United States Code; ``(B) the term `private nonprofit organization' means an entity that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(C) the term `Reservist' means a member of a reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code; ``(D) the term `Service Corps of Retired Executives' means the Service Corps of Retired Executives authorized under section 8(b)(1); ``(E) the term `small business concern owned and controlled by veterans'-- ``(i) has the same meaning as in section 3(q); and ``(ii) includes a small business concern-- ``(I) not less than 51 percent of which is owned by one or more spouses of veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more spouses of veterans; and ``(II) the management and daily business operations of which are controlled by one or more spouses of veterans; ``(F) the term `spouse', relating to a veteran, service- disabled veteran, or Reservist, includes an individual who is the spouse of a veteran, service-disabled veteran, or Reservist on the date on which the veteran, service-disabled veteran, or Reservist died; ``(G) the term `veterans' business center program' means the program established under paragraph (2)(A); and ``(H) the term `women's business center' means a women's business center described in section 29. ``(2) Program established.-- ``(A) In general.--The Administrator, acting through the Associate Administrator, shall establish a veterans' business center program, under which the Associate Administrator may provide financial assistance to a private nonprofit organization to conduct a 5-year project for the benefit of small business concerns owned and controlled by veterans, which may be renewed for one or more additional 5-year periods. ``(B) Form of financial assistance.--Financial assistance under this subsection may be in the form of a grant, a contract, or a cooperative agreement. ``(3) Veterans' business centers.--Each private nonprofit organization that receives financial assistance under this subsection shall establish or operate a veterans' business center (which may include establishing or operating satellite offices in the region described in paragraph (5) served by that private nonprofit organization) that provides to veterans (including service-disabled veterans), Reservists, and the spouses of veterans (including service-disabled veterans) and Reservists-- ``(A) financial advice, including training and counseling on applying for and securing business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a small business concern; ``(B) management advice, including training and counseling on the planning, organization, staffing, direction, and control of each major activity and function of a small business concern; ``(C) marketing advice, including training and counseling on identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and using public relations and advertising techniques; and ``(D) advice, including training and counseling, for Reservists and the spouses of Reservists. ``(4) Application.-- ``(A) In general.--A private nonprofit organization desiring to receive financial assistance under this subsection shall submit an application to the Associate Administrator at such time and in such manner as the Associate Administrator may require. ``(B) 5-year plan.--Each application described in subparagraph (A) shall include a 5-year plan on proposed fundraising and training activities relating to the veterans' business center. ``(C) Determination and notification.--Not later than 60 days after the date on which a private nonprofit organization submits an application under subparagraph (A), the Associate Administrator shall approve or deny the application and notify the applicant of the determination. ``(D) Availability of application.--The Associate Administrator shall make every effort to make the application under subparagraph (A) available online. ``(5) Eligibility.--The Associate Administrator may select to receive financial assistance under this subsection-- ``(A) a Veterans Business Outreach Center established by the Administrator under section 8(b)(17) on or before the day before the date of enactment of this subsection; or ``(B) private nonprofit organizations located in various regions of the United States, as the Associate Administrator determines is appropriate. ``(6) Selection criteria.-- ``(A) In general.--The Associate Administrator shall establish selection criteria, stated in terms of relative importance, to evaluate and rank applicants under paragraph (5)(C) for financial assistance under this subsection. ``(B) Criteria.--The selection criteria established under this paragraph shall include-- ``(i) the experience of the applicant in conducting programs or ongoing efforts designed [[Page S6362]] to impart or upgrade the business skills of veterans, and the spouses of veterans, who own or may own small business concerns; ``(ii) for an applicant for initial financial assistance under this subsection-- ``(I) the ability of the applicant to begin operating a veterans' business center within a minimum amount of time; and ``(II) the geographic region to be served by the veterans' business center; ``(iii) the demonstrated ability of the applicant to-- ``(I) provide managerial counseling and technical assistance to entrepreneurs; and ``(II) coordinate services provided by veterans services organizations and other public or private entities; and ``(iv) for any applicant for a renewal of financial assistance under this subsection, the results of the most recent examination under paragraph (10) of the veterans' business center operated by the applicant. ``(C) Criteria publicly available.--The Associate Administrator shall-- ``(i) make publicly available the selection criteria established under this paragraph; and ``(ii) include the criteria in each solicitation for applications for financial assistance under this subsection. ``(7) Amount of assistance.--The amount of financial assistance provided under this subsection to a private nonprofit organization for each fiscal year shall be-- ``(A) not less than $150,000; and ``(B) not more than $200,000. ``(8) Federal share.-- ``(A) In general.-- ``(i) Initial financial assistance.--Except as provided in clause (ii) and subparagraph (E), a private nonprofit organization that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business center established by the private nonprofit organization in an amount equal to-- ``(I) in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and ``(II) in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection. ``(ii) Renewals.--A private nonprofit organization that receives a renewal of financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business center established by the private nonprofit organization in an amount equal to not less than 50 percent of the amount of the financial assistance received under this subsection. ``(B) Form of non-federal share.--Not more than 50 percent of the non-Federal share for a project carried out using financial assistance under this subsection may be in the form of in-kind contributions. ``(C) Timing of disbursement.--The Associate Administrator may disburse not more than 25 percent of the financial assistance awarded to a private nonprofit organization before the private nonprofit organization obtains the non-Federal share required under this paragraph with respect to that award. ``(D) Failure to obtain non-federal funding.-- ``(i) In general.--If a private nonprofit organization that receives financial assistance under this subsection fails to obtain the non-Federal share required under this paragraph during any fiscal year, the private nonprofit organization may not receive a disbursement under this subsection in a subsequent fiscal year or a disbursement for any other project funded by the Administration, unless the Administrator makes a written determination that the private nonprofit organization will be able to obtain a non-Federal contribution. ``(ii) Restoration.--A private nonprofit organization prohibited from receiving a disbursement under clause (i) in a fiscal year may receive financial assistance in a subsequent fiscal year if the organization obtains the non- Federal share required under this paragraph for the subsequent fiscal year. ``(E) Waiver of non-federal share.-- ``(i) In general.--Upon request by a private nonprofit organization, and in accordance with this subparagraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under subparagraph (A) for a fiscal year. The Administrator may not waive the requirement for a private nonprofit organization to obtain non-Federal funds under this subparagraph for more than a total of 2 fiscal years. ``(ii) Considerations.--In determining whether to waive the requirement to obtain non-Federal funds under this subparagraph, the Administrator shall consider-- ``(I) the economic conditions affecting the private nonprofit organization; ``(II) the impact a waiver under this subparagraph would have on the credibility of the veterans' business center program; ``(III) the demonstrated ability of the private nonprofit organization to raise non-Federal funds; and ``(IV) the performance of the private nonprofit organization. ``(iii) Limitation.--The Administrator may not waive the requirement to obtain non-Federal funds under this subparagraph if granting the waiver would undermine the credibility of the veterans' business center program. ``(9) Contract authority.--A veterans' business center may enter into a contract with a Federal department or agency to provide specific assistance to veterans, service-disabled veterans, Reservists, or the spouses of veterans, service- disabled veterans, or Reservists. Performance of such contract shall not hinder the veterans' business center in carrying out the terms of the grant received by the veterans' business centers from the Administrator. ``(10) Examination and determination of viability.-- ``(A) Examination.-- ``(i) In general.--The Associate Administrator shall conduct an annual examination of the programs and finances of each veterans' business center established or operated using financial assistance under this subsection. ``(ii) Factors.--In conducting the examination under clause (i), the Associate Administrator shall consider whether the veterans' business center has failed-- ``(I) to provide the information required to be provided under subparagraph (B), or the information provided by the center is inadequate; ``(II) the center has failed to comply with a requirement for participation in the veterans' business center program, as determined by the Assistant Administrator, including-- ``(aa) failure to acquire or properly document a non- Federal share; ``(bb) failure to establish an appropriate partnership or program for marketing and outreach to small business concerns; ``(cc) failure to achieve results described in a financial assistance agreement; and ``(dd) failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center; ``(III) to carry out the 5-year plan under in paragraph (4)(B); or ``(IV) to meet the eligibility requirements under paragraph (5). ``(B) Information provided.--In the course of an examination under subparagraph (A), the veterans' business center shall provide to the Associate Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the most recent full fiscal year; ``(ii) documentation of the amount of non-Federal contributions obtained and expended by the veterans' business center during the most recent full fiscal year; and ``(iii) with respect to any in-kind contribution under paragraph (8)(B), verification of the existence and valuation of such contributions. ``(C) Determination of viability.--The Associate Administrator shall analyze the results of each examination under this paragraph and, based on that analysis, make a determination regarding the viability of the programs and finances of each veterans' business center. ``(D) Discontinuation of funding.-- ``(i) In general.--The Associate Administrator may discontinue an award of financial assistance to a private nonprofit organization at any time if the Associate Administrator determines under subparagraph (C) that the veterans' business center operated by that organization is not viable. ``(ii) Restoration.--The Associate Administrator may continue to provide financial assistance to a private nonprofit organization in a subsequent fiscal year if the Associate Administrator determines under subparagraph (C) that the veterans' business center is viable. ``(11) Privacy requirements.-- ``(A) In general.--Except as provided in subparagraph (B), a veterans' business center established or operated using financial assistance provided under this subsection may not disclose the name, address, or telephone number of any individual or small business concern that receives advice from the veterans' business center without the consent of the individual or small business concern. ``(B) Exception.--A veterans' business center may disclose information described in subparagraph (A)-- ``(i) if the Administrator or Associate Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) to the extent that the Administrator or Associate Administrator determines that such a disclosure is necessary to conduct a financial audit of a veterans' business center. ``(C) Administration use of information.--This paragraph does not-- ``(i) restrict access by the Administrator to program activity data; or ``(ii) prevent the Administrator from using information not described in subparagraph (A) to conduct surveys of individuals or small business concerns that receive advice from a veterans' business center. ``(D) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures under subparagraph (B)(ii). ``(12) Report.-- ``(A) In general.--Not later than 60 days after the end of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the veterans' business center program in each region during the most recent full fiscal year. ``(B) Contents.--Each report under this paragraph shall include, at a minimum, for each veterans' business center established or operated using financial assistance provided under this subsection-- [[Page S6363]] ``(i) the number of individuals receiving assistance from the veterans' business center, including the number of such individuals who are-- ``(I) veterans or spouses of veterans; ``(II) service-disabled veterans or spouses of service- disabled veterans; or ``(III) Reservists or spouses of Reservists; ``(ii) the number of startup small business concerns formed by individuals receiving assistance from the veterans' business center, including-- ``(I) veterans or spouses of veterans; ``(II) service-disabled veterans or spouses of service- disabled veterans; or ``(III) Reservists or spouses of Reservists; ``(iii) the gross receipts of small business concerns that receive advice from the veterans' business center; ``(iv) the employment increases or decreases of small business concerns that receive advice from the veterans' business center; ``(v) to the maximum extent practicable, the increases or decreases in profits of small business concerns that receive advice from the veterans' business center; and ``(vi) the results of the examination of the veterans' business center under paragraph (10). ``(13) Coordination of efforts and consultation.-- ``(A) Coordination and consultation.--To the extent practicable, the Associate Administrator and each private nonprofit organization that receives financial assistance under this subsection shall-- ``(i) coordinate outreach and other activities with other programs of the Administration and the programs of other Federal agencies; ``(ii) consult with technical representatives of the district offices of the Administration in carrying out activities using financial assistance under this subsection; and ``(iii) provide information to the veterans business ownership representatives designated under subparagraph (B) and coordinate with the veterans business ownership representatives to increase the ability of the veterans business ownership representatives to provide services throughout the area served by the veterans business ownership representatives. ``(B) Veterans business ownership representatives.-- ``(i) Designation.--The Administrator shall designate not fewer than 1 individual in each district office of the Administration as a veterans business ownership representative, who shall communicate and coordinate activities of the district office with private nonprofit organizations that receive financial assistance under this subsection. ``(ii) Initial designation.--The first individual in each district office of the Administration designated by the Administrator as a veterans business ownership representative under clause (i) shall be an individual that is employed by the Administration on the date of enactment of this subsection. ``(14) Existing contracts.--An award of financial assistance under this subsection shall not void any contract between a private nonprofit organization and the Administration that is in effect on the date of such award. ``(h) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to carry out subsections (a) through (f), $2,000,000 for each of fiscal years 2013 through 2015; and ``(2) to carry out subsection (g)-- ``(A) $8,000,000 for fiscal year 2013; ``(B) $8,500,000 for fiscal year 2014; and ``(C) $9,000,000 for fiscal year 2015.''. (b) GAO Reports.-- (1) Definitions.--In this subsection-- (A) the terms ``small business concern'' and ``veteran'' have the meanings given those terms under section 3 of the Small Business Act (15 U.S.C. 632); and (B) the terms ``Reservist'', ``small business concern owned and controlled by veterans'', and ``veterans' business center program'' have the meanings given those terms in section 32(g) of the Small Business Act, as added by this section. (2) Report on access to credit.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a report regarding the ability of small business concern owned and controlled by veterans to access credit to-- (i) the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives. (B) Contents.--The report submitted under subparagraph (A) shall include an analysis of-- (i) the sources of credit used by small business concerns owned and controlled by veterans and percentage of the credit obtained by small business concern owned and controlled by veterans that is obtained from each source; (ii) the default rate for small business concerns owned and controlled by veterans separately for each source of credit described in clause (i), as compared to the default rate for the source of credit for small business concerns generally; (iii) the Federal lending programs available to provide credit to small business concerns owned and controlled by veterans; (iv) gaps, if any, in the availability of credit for small business concerns owned and controlled by veterans that are not being filled by the Federal Government or private sources; (v) obstacles faced by veterans in trying to access credit; (vi) the extent to which deployment and other military responsibilities affect the credit history of veterans and Reservists; and (vii) the extent to which veterans are aware of Federal programs targeted towards helping veterans access credit. (3) Report on veterans' business center program.-- (A) In general.--Not later than 60 days after the end of the second fiscal year beginning after the date on which the veterans' business center program is established, the Comptroller General of the United States shall evaluate the effectiveness of the veterans' business center program, and submit to Congress a report on the results of that evaluation. (B) Contents.--The report submitted under subparagraph (A) shall include-- (i) an assessment of-- (I) the use of amounts made available to carry out the veterans' business center program; (II) the effectiveness of the services provided by each private nonprofit organization receiving financial assistance under the veterans' business center program; (III) whether the services described in clause (ii) are duplicative of services provided by other veteran service organizations, programs of the Small Business Administration, or programs of another Federal department or agency and, if so, recommendations regarding how to alleviate the duplication of the services; and (IV) whether there are areas of the United States in which there are not adequate entrepreneurial services for small business concerns owned and controlled by veterans and, if so, whether there is a veterans' business center established under the veterans' business center program providing services to that area; and (ii) recommendations, if any, for improving the veterans' business center program. (c) Reporting Requirement for Interagency Task Force.-- Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--Not less frequently than twice each year, the Administrator shall submit to Congress a report on the appointments made to and activities of the task force.''. ______ SA 2836. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. Brown, of Massachusetts) submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE II--FIRE GRANTS REAUTHORIZATION SEC. 201. SHORT TITLE. This title may be cited as the ``Fire Grants Reauthorization Act of 2012''. SEC. 202. AMENDMENTS TO DEFINITIONS. (a) In General.--Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) is amended-- (1) in paragraph (3), by inserting ``, except as otherwise provided,'' after ``means''; (2) in paragraph (4), by striking `` `Director' means'' and all that follows through ``Agency;'' and inserting `` `Administrator of FEMA' means the Administrator of the Federal Emergency Management Agency;''; (3) in paragraph (5)-- (A) by inserting ``Indian tribe,'' after ``county,''; and (B) by striking ``and `firecontrol' '' and inserting ``and `fire control' ''; (4) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; (5) by inserting after paragraph (5), the following: ``(6) `Indian tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and `tribal' means of or pertaining to an Indian tribe;''; (6) by redesignating paragraphs (9) and (10), as redesignated by paragraph (4), as paragraphs (10) and (11); (7) by inserting after paragraph (8), as redesignated by paragraph (4), the following: ``(9) `Secretary' means, except as otherwise provided, the Secretary of Homeland Security;''; and (8) by amending paragraph (10), as redesignated by paragraph (6), to read as follows: ``(10) `State' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).''. (b) Conforming Amendments.-- (1) Administrator of fema.--The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by striking ``Director'' each place it appears and inserting ``Administrator of FEMA''. (2) Administrator of fema's award.--Section 15 of such Act (15 U.S.C. 2214) is amended by striking ``Director's Award'' each place it appears and inserting ``Administrator's Award''. SEC. 203. ASSISTANCE TO FIREFIGHTERS GRANTS. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended to read as follows: [[Page S6364]] ``SEC. 33. FIREFIGHTER ASSISTANCE. ``(a) Definitions.--In this section: ``(1) Administrator of fema.--The term `Administrator of FEMA' means the Administrator of FEMA, acting through the Administrator. ``(2) Available grant funds.--The term `available grant funds', with respect to a fiscal year, means those funds appropriated pursuant to the authorization of appropriations in subsection (q)(1) for such fiscal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fiscal year. ``(3) Career fire department.--The term `career fire department' means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. ``(4) Combination fire department.--The term `combination fire department' means a fire department that has-- ``(A) paid firefighting personnel; and ``(B) volunteer firefighting personnel. ``(5) Firefighting personnel.--The term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(6) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(7) Nonaffiliated ems organization.--The term `nonaffiliated EMS organization' means a public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. ``(8) Paid-on-call.--The term `paid-on-call' with respect to firefighting personnel means firefighting personnel who are paid a stipend for each event to which they respond. ``(9) Volunteer fire department.--The term `volunteer fire department' means a fire department that has an all-volunteer force of firefighting personnel. ``(b) Assistance Program.-- ``(1) Authority.--In accordance with this section, the Administrator of FEMA may award-- ``(A) assistance to firefighters grants under subsection (c); and ``(B) fire prevention and safety grants and other assistance under subsection (d). ``(2) Administrative assistance.--The Administrator of FEMA shall-- ``(A) establish specific criteria for the selection of grant recipients under this section; and ``(B) provide assistance with application preparation to applicants for such grants. ``(c) Assistance to Firefighters Grants.-- ``(1) In general.--The Administrator of FEMA may, in consultation with the chief executives of the States in which the recipients are located, award grants on a competitive basis directly to-- ``(A) fire departments, for the purpose of protecting the health and safety of the public and firefighting personnel throughout the United States against fire, fire-related, and other hazards; ``(B) nonaffiliated EMS organizations to support the provision of emergency medical services; and ``(C) State fire training academies for the purposes described in subparagraphs (G), (H), and (I) of paragraph (3). ``(2) Maximum grant amounts.-- ``(A) Population.--The Administrator of FEMA may not award a grant under this subsection in excess of amounts as follows: ``(i) In the case of a recipient that serves a jurisdiction with 100,000 people or fewer, the amount of the grant awarded to such recipient shall not exceed $1,000,000 in any fiscal year. ``(ii) In the case of a recipient that serves a jurisdiction with more than 100,000 people but not more than 500,000 people, the amount of the grant awarded to such recipient shall not exceed $2,000,000 in any fiscal year. ``(iii) In the case of a recipient that serves a jurisdiction with more than 500,000 but not more than 1,000,000 people, the amount of the grant awarded to such recipient shall not exceed $3,000,000 in any fiscal year. ``(iv) In the case of a recipient that serves a jurisdiction with more than 1,000,000 people but not more than 2,500,000 people, the amount of the grant awarded to such recipient shall not exceed $6,000,000 for any fiscal year. ``(v) In the case of a recipient that serves a jurisdiction with more than 2,500,000 people, the amount of the grant awarded to such recipient shall not exceed $9,000,000 in any fiscal year. ``(B) Aggregate.-- ``(i) In general.--Notwithstanding subparagraphs (A) and (B) and except as provided under clause (ii), the Administrator of FEMA may not award a grant under this subsection in a fiscal year in an amount that exceeds the amount that is one percent of the available grant funds in such fiscal year. ``(ii) Exception.--The Administrator of FEMA may waive the limitation in clause (i) with respect to a grant recipient if the Administrator of FEMA determines that such recipient has an extraordinary need for a grant in an amount that exceeds the limit under clause (i). ``(3) Use of grant funds.--Each entity receiving a grant under this subsection shall use the grant for one or more of the following purposes: ``(A) To train firefighting personnel in-- ``(i) firefighting; ``(ii) emergency medical services and other emergency response (including response to natural disasters, acts of terrorism, and other man-made disasters); ``(iii) arson prevention and detection; ``(iv) maritime firefighting; or ``(v) the handling of hazardous materials. ``(B) To train firefighting personnel to provide any of the training described under subparagraph (A). ``(C) To fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies. ``(D) To certify-- ``(i) fire inspectors; and ``(ii) building inspectors-- ``(I) whose responsibilities include fire safety inspections; and ``(II) who are employed by or serving as volunteers with a fire department. ``(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel are able to carry out their duties as firefighters, including programs dedicated to raising awareness of, and prevention of, job-related mental health issues. ``(F) To fund emergency medical services provided by fire departments and nonaffiliated EMS organizations. ``(G) To acquire additional firefighting vehicles, including fire trucks and other apparatus. ``(H) To acquire additional firefighting equipment, including equipment for-- ``(i) fighting fires with foam in remote areas without access to water; and ``(ii) communications, monitoring, and response to a natural disaster, act of terrorism, or other man-made disaster, including the use of a weapon of mass destruction. ``(I) To acquire personal protective equipment, including personal protective equipment-- ``(i) prescribed for firefighting personnel by the Occupational Safety and Health Administration of the Department of Labor; or ``(ii) for responding to a natural disaster or act of terrorism or other man-made disaster, including the use of a weapon of mass destruction. ``(J) To modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. ``(K) To educate the public about arson prevention and detection. ``(L) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments that utilize volunteers. ``(M) To support such other activities, consistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate. ``(d) Fire Prevention and Safety Grants.-- ``(1) In general.--For the purpose of assisting fire prevention programs and supporting firefighter health and safety research and development, the Administrator of FEMA may, on a competitive basis-- ``(A) award grants to fire departments; ``(B) award grants to, or enter into contracts or cooperative agreements with, national, State, local, tribal, or nonprofit organizations that are not fire departments and that are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activities and firefighter research and development programs, for the purpose of carrying out-- ``(i) fire prevention programs; and ``(ii) research to improve firefighter health and life safety; and ``(C) award grants to institutions of higher education, national fire service organizations, or national fire safety organizations to establish and operate fire safety research centers. ``(2) Maximum grant amount.--A grant awarded under this subsection may not exceed $1,500,000 for a fiscal year. ``(3) Use of grant funds.--Each entity receiving a grant under this subsection shall use the grant for one or more of the following purposes: ``(A) To enforce fire codes and promote compliance with fire safety standards. ``(B) To fund fire prevention programs, including programs that educate the public about arson prevention and detection. ``(C) To fund wildland fire prevention programs, including education, awareness, and mitigation programs that protect lives, property, and natural resources from fire in the wildland-urban interface. ``(D) In the case of a grant awarded under paragraph (1)(C), to fund the establishment or operation of a fire safety research center for the purpose of significantly reducing the number of fire-related deaths and injuries among firefighters and the general public through research, development, and technology transfer activities. ``(E) To support such other activities, consistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate. ``(4) Limitation.--None of the funds made available under this subsection may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. [[Page S6365]] ``(e) Applications for Grants.-- ``(1) In general.--An entity seeking a grant under this section shall submit to the Administrator of FEMA an application therefor in such form and in such manner as the Administrator of FEMA determines appropriate. ``(2) Elements.--Each application submitted under paragraph (1) shall include the following: ``(A) A description of the financial need of the applicant for the grant. ``(B) An analysis of the costs and benefits, with respect to public safety, of the use for which a grant is requested. ``(C) An agreement to provide information to the national fire incident reporting system for the period covered by the grant. ``(D) A list of other sources of funding received by the applicant-- ``(i) for the same purpose for which the application for a grant under this section was submitted; or ``(ii) from the Federal Government for other fire-related purposes. ``(E) Such other information as the Administrator of FEMA determines appropriate. ``(3) Joint or regional applications.-- ``(A) In general.--Two or more entities may submit an application under paragraph (1) for a grant under this section to fund a joint program or initiative, including acquisition of shared equipment or vehicles. ``(B) Nonexclusivity.--Applications under this paragraph may be submitted instead of or in addition to any other application submitted under paragraph (1). ``(C) Guidance.--The Administrator of FEMA shall-- ``(i) publish guidance on applying for and administering grants awarded for joint programs and initiatives described in subparagraph (A); and ``(ii) encourage applicants to apply for grants for joint programs and initiatives described in subparagraph (A) as the Administrator of FEMA determines appropriate to achieve greater cost effectiveness and regional efficiency. ``(f) Peer Review of Grant Applications.-- ``(1) In general.--The Administrator of FEMA shall, after consultation with national fire service and emergency medical services organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (e)(1). ``(2) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to activities carried out pursuant to this subsection. ``(g) Prioritization of Grant Awards.--In awarding grants under this section, the Administrator of FEMA shall consider the following: ``(1) The findings and recommendations of the peer reviews carried out under subsection (f). ``(2) The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated with fire-related and other hazards. ``(3) The extent of the need of an applicant for a grant under this section and the need to protect the United States as a whole. ``(4) The number of calls requesting or requiring a fire fighting or emergency medical response received by an applicant. ``(h) Allocation of Grant Awards.--In awarding grants under this section, the Administrator of FEMA shall ensure that of the available grant funds in each fiscal year-- ``(1) not less than 25 percent are awarded under subsection (c) to career fire departments; ``(2) not less than 25 percent are awarded under subsection (c) to volunteer fire departments; ``(3) not less than 25 percent are awarded under subsection (c) to combination fire departments and fire departments using paid-on-call firefighting personnel; ``(4) not less than 10 percent are available for open competition among career fire departments, volunteer fire departments, combination fire departments, and fire departments using paid-on-call firefighting personnel for grants awarded under subsection (c); ``(5) not less than 10 percent are awarded under subsection (d); and ``(6) not more than 2 percent are awarded under this section to nonaffiliated EMS organizations described in subsection (c)(1)(B). ``(i) Additional Requirements and Limitations.-- ``(1) Funding for emergency medical services.--Not less than 3.5 percent of the available grant funds for a fiscal year shall be awarded under this section for purposes described in subsection (c)(3)(F). ``(2) State fire training academies.-- ``(A) Maximum share.--Not more than 3 percent of the available grant funds for a fiscal year may be awarded under subsection (c)(1)(C). ``(B) Maximum grant amount.--The Administrator of FEMA may not award a grant under subsection (c)(1)(C) to a State fire training academy in an amount that exceeds $1,000,000 in any fiscal year. ``(3) Amounts for purchasing firefighting vehicles.--Not more than 25 percent of the available grant funds for a fiscal year may be used to assist grant recipients to purchase vehicles pursuant to subsection (c)(3)(G). ``(j) Further Considerations.-- ``(1) Assistance to firefighters grants to fire departments.--In considering applications for grants under subsection (c)(1)(A), the Administrator of FEMA shall consider-- ``(A) the extent to which the grant would enhance the daily operations of the applicant and the impact of such a grant on the protection of lives and property; and ``(B) a broad range of factors important to the applicant's ability to respond to fires and related hazards, such as the following: ``(i) Population served. ``(ii) Geographic response area. ``(iii) Hazards vulnerability. ``(iv) Call volume. ``(v) Financial situation, including unemployment rate of the area being served. ``(vi) Need for training or equipment. ``(2) Applications from nonaffiliated ems organizations.-- In the case of an application submitted under subsection (e)(1) by a nonaffiliated EMS organization, the Administrator of FEMA shall consider the extent to which other sources of Federal funding are available to the applicant to provide the assistance requested in such application. ``(3) Awarding fire prevention and safety grants to certain organizations that are not fire departments.--In the case of applicants for grants under this section who are described in subsection (d)(1)(B), the Administrator of FEMA shall give priority to applicants who focus on-- ``(A) prevention of injuries to high risk groups from fire; and ``(B) research programs that demonstrate a potential to improve firefighter safety. ``(4) Awarding grants for fire safety research centers.-- ``(A) Considerations.--In awarding grants under subsection (d)(1)(C), the Administrator of FEMA shall-- ``(i) select each grant recipient on-- ``(I) the demonstrated research and extension resources available to the recipient to carry out the research, development, and technology transfer activities; ``(II) the capability of the recipient to provide leadership in making national contributions to fire safety; ``(III) the recipient's ability to disseminate the results of fire safety research; and ``(IV) the strategic plan the recipient proposes to carry out under the grant; ``(ii) give special consideration in selecting recipients under subparagraph (A) to an applicant for a grant that consists of a partnership between-- ``(I) a national fire service organization or a national fire safety organization; and ``(II) an institution of higher education, including a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); and ``(iii) consider the research needs identified and prioritized through the workshop required by subparagraph (B)(i). ``(B) Research needs.-- ``(i) In general.--Not later than 90 days after the date of the enactment of the Fire Grants Reauthorization Act of 2012, the Administrator of FEMA shall convene a workshop of the fire safety research community, fire service organizations, and other appropriate stakeholders to identify and prioritize fire safety research needs. ``(ii) Publication.--The Administrator of FEMA shall ensure that the results of the workshop are made available to the public. ``(C) Limitations on grants for fire safety research centers.-- ``(i) In general.--The Administrator of FEMA may award grants under subsection (d) to establish not more than 3 fire safety research centers. ``(ii) Recipients.--An institution of higher education, a national fire service organization, and a national fire safety organization may not directly receive a grant under subsection (d) for a fiscal year for more than 1 fire safety research center. ``(5) Avoiding duplication.--The Administrator of FEMA shall review lists submitted by applicants pursuant to subsection (e)(2)(D) and take such actions as the Administrator of FEMA considers necessary to prevent unnecessary duplication of grant awards. ``(k) Matching and Maintenance of Expenditure Requirements.-- ``(1) Matching requirement for assistance to firefighters grants.-- ``(A) In general.--Except as provided in subparagraph (B), an applicant seeking a grant to carry out an activity under subsection (c) shall agree to make available non-Federal funds to carry out such activity in an amount equal to not less than 15 percent of the grant awarded to such applicant under such subsection. ``(B) Exception for entities serving small communities.--In the case that an applicant seeking a grant to carry out an activity under subsection (c) serves a jurisdiction of-- ``(i) more than 20,000 residents but not more than 1,000,000 residents, the application shall agree to make available non-Federal funds in an amount equal to not less than 10 percent of the grant awarded to such applicant under such subsection; and ``(ii) 20,000 residents or fewer, the applicant shall agree to make available non-Federal funds in an amount equal to not less than 5 percent of the grant awarded to such applicant under such subsection. ``(2) Matching requirement for fire prevention and safety grants.-- ``(A) In general.--An applicant seeking a grant to carry out an activity under subsection (d) shall agree to make available non-Federal funds to carry out such activity in an amount equal to not less than 5 percent [[Page S6366]] of the grant awarded to such applicant under such subsection. ``(B) Means of matching.--An applicant for a grant under subsection (d) may meet the matching requirement under subparagraph (A) through direct funding, funding of complementary activities, or the provision of staff, facilities, services, material, or equipment. ``(3) Maintenance of expenditures.--An applicant seeking a grant under subsection (c) or (d) shall agree to maintain during the term of the grant the applicant's aggregate expenditures relating to the uses described in subsections (c)(3) and (d)(3) at not less than 80 percent of the average amount of such expenditures in the 2 fiscal years preceding the fiscal year in which the grant amounts are received. ``(4) Waiver.-- ``(A) In general.--Except as provided in subparagraph (C)(ii), the Administrator of FEMA may waive or reduce the requirements of paragraphs (1), (2), and (3) in cases of demonstrated economic hardship. ``(B) Guidelines.-- ``(i) In general.--The Administrator of FEMA shall establish and publish guidelines for determining what constitutes economic hardship for purposes of this paragraph. ``(ii) Consultation.--In developing guidelines under clause (i), the Administrator of FEMA shall consult with individuals who are-- ``(I) recognized for expertise in firefighting, emergency medical services provided by fire services, or the economic affairs of State and local governments; and ``(II) members of national fire service organizations or national organizations representing the interests of State and local governments. ``(iii) Considerations.--In developing guidelines under clause (i), the Administrator of FEMA shall consider, with respect to relevant communities, the following: ``(I) Changes in rates of unemployment from previous years. ``(II) Whether the rates of unemployment of the relevant communities are currently and have consistently exceeded the annual national average rates of unemployment. ``(III) Changes in percentages of individuals eligible to receive food stamps from previous years. ``(IV) Such other factors as the Administrator of FEMA considers appropriate. ``(C) Certain applicants for fire prevention and safety grants.--The authority under subparagraph (A) shall not apply with respect to a nonprofit organization that-- ``(i) is described in subsection (d)(1)(B); and ``(ii) is not a fire department or emergency medical services organization. ``(l) Grant Guidelines.-- ``(1) Guidelines.--For each fiscal year, prior to awarding any grants under this section, the Administrator of FEMA shall publish in the Federal Register-- ``(A) guidelines that describe-- ``(i) the process for applying for grants under this section; and ``(ii) the criteria that will be used for selecting grant recipients; and ``(B) an explanation of any differences between such guidelines and the recommendations obtained under paragraph (2). ``(2) Annual meeting to obtain recommendations.-- ``(A) In general.--For each fiscal year, the Administrator of FEMA shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator of FEMA, qualified members of emergency medical service organizations to obtain recommendations regarding the following: ``(i) Criteria for the awarding of grants under this section. ``(ii) Administrative changes to the assistance program established under subsection (b). ``(B) Qualified members.--For purposes of this paragraph, a qualified member of an organization is a member who-- ``(i) is recognized for expertise in firefighting or emergency medical services; ``(ii) is not an employee of the Federal Government; and ``(iii) in the case of a member of an emergency medical service organization, is a member of an organization that represents-- ``(I) providers of emergency medical services that are affiliated with fire departments; or ``(II) nonaffiliated EMS providers. ``(3) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to activities carried out under this subsection. ``(m) Accounting Determination.--Notwithstanding any other provision of law, for purposes of this section, equipment costs shall include all costs attributable to any design, purchase of components, assembly, manufacture, and transportation of equipment not otherwise commercially available. ``(n) Eligible Grantee on Behalf of Alaska Native Villages.--The Alaska Village Initiatives, a non-profit organization incorporated in the State of Alaska, shall be eligible to apply for and receive a grant or other assistance under this section on behalf of Alaska Native villages. ``(o) Training Standards.--If an applicant for a grant under this section is applying for such grant to purchase training that does not meet or exceed any applicable national voluntary consensus standards, including those developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit to the Administrator of FEMA an explanation of the reasons that the training proposed to be purchased will serve the needs of the applicant better than training that meets or exceeds such standards. ``(p) Ensuring Effective Use of Grants.-- ``(1) Audits.--The Administrator of FEMA may audit a recipient of a grant awarded under this section to ensure that-- ``(A) the grant amounts are expended for the intended purposes; and ``(B) the grant recipient complies with the requirements of subsection (k). ``(2) Performance assessment.-- ``(A) In general.--The Administrator of FEMA shall develop and implement a performance assessment system, including quantifiable performance metrics, to evaluate the extent to which grants awarded under this section are furthering the purposes of this section, including protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. ``(B) Consultation.--The Administrator of FEMA shall consult with fire service representatives and with the Comptroller General of the United States in developing the assessment system required by subparagraph (A). ``(3) Annual reports to administrator of fema.--Not less frequently than once each year during the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator of FEMA an annual report describing how the recipient used the grant amounts. ``(4) Annual reports to congress.-- ``(A) In general.--Not later than September 30, 2013, and each year thereafter through 2017, the Administrator of FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science and Technology of the House of Representatives a report that provides-- ``(i) information on the performance assessment system developed under paragraph (2); and ``(ii) using the performance metrics developed under such paragraph, an evaluation of the effectiveness of the grants awarded under this section. ``(B) Additional information.--The report due under subparagraph (A) on September 30, 2016, shall also include recommendations for legislative changes to improve grants under this section. ``(q) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section-- ``(A) $750,000,000 for fiscal year 2013; and ``(B) for each of fiscal years 2014 through 2017, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ``(2) Administrative expenses.--Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such amounts for salaries and expenses and other administrative costs incurred by the Administrator of FEMA in the course of awarding grants and providing assistance under this section. ``(3) Congressionally directed spending.--Consistent with the requirements in subsections (c)(1) and (d)(1) that grants under those subsections be awarded on a competitive basis, none of the funds appropriated pursuant to this subsection may be used for any congressionally directed spending item (as defined under the rules of the Senate and the House of Representatives). ``(r) Sunset of Authorities.--The authority to award assistance and grants under this section shall expire on the date that is 10 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012.''. SEC. 204. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE. (a) Improvements to Hiring Grants.-- (1) Term of grants.--Subparagraph (B) of section 34(a)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is amended to read as follows: ``(B) Grants made under this paragraph shall be for 3 years and be used for programs to hire new, additional firefighters.''. (2) Limitation of portion of costs of hiring firefighters.--Subparagraph (E) of such section is amended to read as follows: ``(E) The portion of the costs of hiring firefighters provided by a grant under this paragraph may not exceed-- ``(i) 75 percent in the first year of the grant; ``(ii) 75 percent in the second year of the grant; and ``(iii) 35 percent in the third year of the grant.''. (b) Clarification Regarding Eligible Entities for Recruitment and Retention Grants.--The second sentence of section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking ``organizations on a local or statewide basis'' and inserting ``national, State, local, or tribal organizations''. (c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended to read as follows: ``(4) The amount of funding provided under this section to a recipient fire department for hiring a firefighter in any fiscal year may not exceed-- [[Page S6367]] ``(A) in the first year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; ``(B) in the second year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; and ``(C) in the third year of the grant, 35 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted.''. (d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is amended-- (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: ``(d) Waivers.-- ``(1) In general.--In a case of demonstrated economic hardship, the Administrator of FEMA may-- ``(A) waive the requirements of subsection (c)(1); or ``(B) waive or reduce the requirements in subsection (a)(1)(E) or subsection (c)(2). ``(2) Guidelines.-- ``(A) In general.--The Administrator of FEMA shall establish and publish guidelines for determining what constitutes economic hardship for purposes of paragraph (1). ``(B) Consultation.--In developing guidelines under subparagraph (A), the Administrator of FEMA shall consult with individuals who are-- ``(i) recognized for expertise in firefighting, emergency medical services provided by fire services, or the economic affairs of State and local governments; and ``(ii) members of national fire service organizations or national organizations representing the interests of State and local governments. ``(C) Considerations.--In developing guidelines under subparagraph (A), the Administrator of FEMA shall consider, with respect to relevant communities, the following: ``(i) Changes in rates of unemployment from previous years. ``(ii) Whether the rates of unemployment of the relevant communities are currently and have consistently exceeded the annual national average rates of unemployment. ``(iii) Changes in percentages of individuals eligible to receive food stamps from previous years. ``(iv) Such other factors as the Administrator of FEMA considers appropriate.''. (e) Improvements to Performance Evaluation Requirements.-- Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended by inserting before the first sentence the following: ``(1) In general.--The Administrator of FEMA shall establish a performance assessment system, including quantifiable performance metrics, to evaluate the extent to which grants awarded under this section are furthering the purposes of this section. ``(2) Submittal of information.--''. (f) Report.-- (1) In general.--Subsection (f) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended by striking ``The authority'' and all that follows through ``Congress concerning'' and inserting the following: ``Not later than September 30, 2014, the Administrator of FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science and Technology of the House of Representatives a report on''. (2) Conforming amendment.--The heading for subsection (f) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended by striking ``Sunset and Reports'' and inserting ``Report''. (g) Additional Definitions.-- (1) In general.--Subsection (i) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended-- (A) in the matter before paragraph (1), by striking ``In this section, the term--'' and inserting ``In this section:''; (B) in paragraph (1)-- (i) by inserting ``The term'' before `` `firefighter' has''; and (ii) by striking ``; and'' and inserting a period; (C) by striking paragraph (2); and (D) by inserting at the end the following: ``(2) The terms `Administrator of FEMA', `career fire department', `combination fire department', and `volunteer fire department' have the meanings given such terms in section 33(a).''. (2) Conforming amendment.--Section 34(a)(1)(A) of such Act (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career, volunteer, and combination fire departments'' and inserting ``career fire departments, combination fire departments, and volunteer fire departments''. (h) Authorization of Appropriations.-- (1) In general.--Subsection (j) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) $750,000,000 for fiscal year 2013; and ``(9) for each of fiscal years 2014 through 2017, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which-- ``(A) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds ``(B) the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A).''. (2) Administrative expenses.--Such subsection (j) is further amended-- (A) in paragraph (9), as added by paragraph (1) of this subsection, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the left margin of such clauses, as so redesignated, 2 ems to the right; (B) by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and moving the left margin of such subparagraphs, as so redesignated, 2 ems to the right; (C) by striking ``There are'' and inserting the following: ``(1) In general.--There are''; and (D) by adding at the end the following: ``(2) Administrative expenses.--Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such amounts to cover salaries and expenses and other administrative costs incurred by the Administrator of FEMA to make grants and provide assistance under this section.''. (3) Congressionally directed spending.--Such subsection (j) is further amended by adding at the end the following: ``(3) Congressionally directed spending.--Consistent with the requirement in subsection (a) that grants under this section be awarded on a competitive basis, none of the funds appropriated pursuant to this subsection may be used for any congressionally direct spending item (as defined under the rules of the Senate and the House of Representatives).''. (i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 2229a) is amended by striking ``Administrator'' each place it appears and inserting ``Administrator of FEMA''. (j) Clerical Amendment.--Such section is further amended in the heading by striking ``expansion of pre-september 11, 2001, fire grant program'' and inserting the following: ``staffing for adequate fire and emergency response''. (k) Sunset of Authority to Award Hiring Grants.--Such section is further amended by adding at the end the following: ``(k) Sunset of Authorities.--The authority to award assistance and grants under this section shall expire on the date that is 10 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012.''. SEC. 205. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS. It is the sense of Congress that-- (1) the grants and assistance awarded under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a) have proven equally valuable in protecting the health and safety of the public and firefighting personnel throughout the United States against fire and fire-related hazards; and (2) providing parity in funding for the awarding of grants and assistance under both such sections will ensure that the grant and assistance programs under such sections can continue to serve their complementary purposes. SEC. 206. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS. (a) In General.--Not later than September 30, 2016, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science and Technology of the House of Representatives a report on the effect of the amendments made by this title. (b) Contents.--The report required by subsection (a) shall include the following: (1) An assessment of the effect of the amendments made by sections 203 and 204 on the effectiveness, relative allocation, accountability, and administration of the grants and assistance awarded under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a) after the date of the enactment of this Act. (2) An evaluation of the extent to which the amendments made by sections 203 and 204 have enabled recipients of grants and assistance awarded under such sections 33 and 34 after the date of the enactment of this Act to mitigate fire and fire-related and other hazards more effectively. SEC. 207. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration. (2) Career fire department, combination fire department, volunteer fire department.--The terms ``career fire department'', ``combination fire department'', and ``volunteer fire department'' have the meanings given such terms in section 33(a) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(a)), as amended by section 203. (3) Fire service.--The term ``fire service'' has the meaning given such term in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203). (b) Study and Report on Compliance With Staffing Standards.-- [[Page S6368]] (1) Study.--The Administrator shall conduct a study on the level of compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness among the fire services of the United States. (2) Survey.-- (A) In general.--In carrying out the study required by paragraph (1), the Administrator shall carry out a survey of fire services to assess the level of compliance of such fire services with the standards described in such paragraph. (B) Elements.--The survey required by subparagraph (A) shall-- (i) include career fire departments, volunteer fire departments, combination fire departments, and fire departments serving communities of different sizes, and such other distinguishing factors as the Administrator considers relevant; (ii) employ methods to ensure that the survey accurately reflects the actual rate of compliance with the standards described in paragraph (1) among fire services; and (iii) determine the extent of barriers and challenges to achieving compliance with the standards described in paragraph (1) among fire services. (C) Authority to carry out survey with nonprofit.--If the Administrator determines that it will reduce the costs incurred by the United States Fire Administration in carrying out the survey required by subparagraph (A), the Administrator may carry out such survey in conjunction with a nonprofit organization that has substantial expertise and experience in the following areas: (i) The fire services. (ii) National voluntary consensus standards. (iii) Contemporary survey methods. (3) Report on findings of study.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to the study required by paragraph (1). (B) Contents.--The report required by subparagraph (A) shall include the following: (i) An accurate description, based on the results of the survey required by paragraph (2)(A), of the rate of compliance with the standards described in paragraph (1) among United States fire services, including a comparison of the rates of compliance among career fire departments, volunteer fire departments, combination fire departments, and fire departments serving communities of different sizes, and such other comparisons as Administrator considers relevant. (ii) A description of the challenges faced by different types of fire departments and different types of communities in complying with the standards described in paragraph (1). (c) Task Force to Enhance Firefighter Safety.-- (1) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a task force to be known as the ``Task Force to Enhance Firefighter Safety'' (in this subsection referred to as the ``Task Force''). (2) Membership.-- (A) In general.--Members of the Task Force shall be appointed by the Secretary from among the general public and shall include the following: (i) Representatives of national organizations representing firefighters and fire chiefs. (ii) Individuals representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community. (iii) Such other individuals as the Secretary considers appropriate. (B) Representatives of other departments and agencies.--The Secretary may invite representatives of other Federal departments and agencies that have an interest in fire services to participate in the meetings and other activities of the Task Force. (C) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary, except that a term of service of any such member may not exceed 2 years. (3) Responsibilities.--The Task Force shall-- (A) consult with the Secretary in the conduct of the study required by subsection (b)(1); and (B) develop a plan to enhance firefighter safety by increasing fire service compliance with the standards described in subsection (b)(1), including by-- (i) reviewing and evaluating the report required by subsection (b)(3)(A) to determine the extent of and barriers to achieving compliance with the standards described in subsection (b)(1) among fire services; and (ii) considering ways in which the Federal Government, States, and local governments can promote or encourage fire services to comply with such standards. (4) Report.-- (A) In general.--Not later than 180 days after the date on which the Secretary submits the report required by subsection (b)(3)(A), the Task Force shall submit to Congress and the Secretary a report on the activities and findings of the Task Force. (B) Contents.--The report required by subparagraph (A) shall include the following: (i) The findings and recommendations of the Task Force with respect to the study carried out under subsection (b)(1). (ii) The plan developed under paragraph (3)(B). (d) Study and Report on the Needs of Fire Services.-- (1) Study.--The Administrator shall conduct a study-- (A) to define the current roles and activities associated with fire services on a national, State, regional, and local level; (B) to identify the equipment, staffing, and training required to fulfill the roles and activities defined under subparagraph (A); (C) to conduct an assessment to identify gaps between what fire services currently possess and what they require to meet the equipment, staffing, and training needs identified under subparagraph (B) on a national and State-by-State basis; and (D) to measure the impact of the grant and assistance program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of fire services and filling the gaps identified under subparagraph (C). (2) Report.--Not later than 2 years after the date of the enactment of this title, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to the study conducted under paragraph (1). (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section-- (1) $600,000 for fiscal year 2013; and (2) $600,000 for fiscal year 2014. ______ SA 2837. Ms. LANDRIEU (for herself, Ms. Snowe, and Mrs. Shaheen) submitted an amendment intended to be proposed by her to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM. Section 1122(b) of the Small Business Jobs Act of 2010 (15 U.S.C. 696 note) is amended by striking ``2 years'' and inserting ``3 years and 6 months''. ______ SA 2838. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. TRANSFER OF AMOUNTS APPROPRIATED FOR ASSISTANCE TO PAKISTAN, YEMEN, EGYPT, AND LIBYA. Of the amounts appropriated or otherwise made available for fiscal year 2012 for direct United States assistance to the Governments of Pakistan, Yemen, Egypt, or Libya that remain available for expenditure as of the date of the enactment of this Act-- (1) the President shall transfer 50 percent to the Secretary of Veterans Affairs for purposes of the veterans job corps; and (2) the President shall transfer 50 percent to the Treasury of the United States to be used for deficit reduction. SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN. No amounts may be obligated or expended to provide any direct United States assistance to the Government of Pakistan unless the President certifies to Congress that-- (1) Dr. Shakil Afridi has been released from prison in Pakistan; (2) any criminal charges brought against Dr. Afridi, including treason, have been dropped; and (3) if necessary to ensure his freedom, Dr. Afridi has been allowed to leave Pakistan. SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO YEMEN, EGYPT, AND LIBYA. (a) Prohibition.--Except as provided under subsection (b), no amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to the Government of Yemen, the Government of Egypt, or the Government of Libya. (b) Waiver and Certification.--Beginning 60 days after the date of the enactment of this Act, the President may waive the prohibition under subsection (a) with respect to the Government of Yemen, the Government of Libya, or the Government of Egypt if the President certifies to Congress that-- (1) the Government is cooperating or has cooperated fully with investigations into the September 12, 2012, attack on the United States Embassy in Sanaa, Yemen, the September 11, 2012, attack on the United States consulate in Benghazi, Libya, or the September 11, 2012, attack on the United States Embassy in Cairo, Egypt, as the case may be; and (2) all identifiable persons associated with organizing, planning, or participating in the attack-- (A) have been identified by the Federal Bureau of Investigations or the Central Intelligence Agency and arrested by local authorities; and (B) have been transferred to United States custody. [[Page S6369]] (c) Report on Unsecured Weapons in Libya.--Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to Congress examining the extent to which advanced weaponry remaining unsecured after the fall of Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, attack on the United States consulate in Benghazi, Libya. SEC. __. USE OF SAVINGS FROM LIMITATIONS ON ASSISTANCE. Of the amounts saved as a result of the prohibitions on assistance in the immediately preceding section-- (1) 50 percent shall be made available to the Secretary of Veterans Affairs for purposes of the veterans job corps; and (2) 50 percent shall be used for deficit reduction. ______ SA 2839. Mr. HATCH submitted an amendment intended to be proposed to amendment SA 2782 submitted by Mr. Burr and intended to be proposed to the bill S. 3457, to require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. 10. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES. (a) Increase in Maximum Age Limit for Positions Subject to FERS.-- (1) Law enforcement officers.--Section 3307(e) of title 5, United States Code, is amended-- (A) in paragraph (1), by inserting ``or (3)'' after ``paragraph (2)''; and (B) by adding at the end the following: ``(3) The maximum age limit for an original appointment to a position as a law enforcement officer (as defined in section 8401(17)) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.''. (2) Other positions.--The maximum age limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of such title), or customs and border protection officer (as defined in section 8401(36) of such title) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay. (b) Eligibility for Annuity.--Section 8412(d) of such title is amended-- (1) in paragraph (1), by striking ``or'' at the end; (2) in paragraph (2), by adding ``or'' at the end; and (3) by inserting after paragraph (2) the following: ``(3) after becoming 57 years of age and completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee-- ``(A) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 10(e) of the Careers for Veterans Act of 2012; and ``(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 10(a)(2) of the Careers for Veterans Act of 2012,''. (c) Mandatory Separation.--Section 8425 of such title is amended-- (1) in subsection (b)(1), in the first sentence, by inserting ``, except that a law enforcement officer, nuclear materials courier, or customs and border protection officer eligible for retirement under section 8412(d)(3) shall be separated from the service on the last day of the month in which that employee becomes 57 years of age'' before the period; (2) in subsection (c), in the first sentence, by inserting ``, except that a member of the Capitol Police eligible for retirement under section 8412(d)(3) shall be separated from the service on the last day of the month in which that employee becomes 57 years of age'' before the period; and (3) in subsection (d), in the first sentence, by inserting ``, except that a member of the Supreme Court Police eligible for retirement under section 8412(d)(3) shall be separated from the service on the last day of the month in which that employee becomes 57 years of age'' before the period. (d) Computation of Basic Annuity.--Section 8415(e) of such title is amended-- (1) in paragraph (1), by striking ``total service as'' and inserting ``civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate,''; and (2) in paragraph (2), by striking ``so much of such individual's total service as exceeds 20 years'' and inserting ``the remainder of such individual's total service''. (e) Effective Date.--This section (including the amendments made by this section) shall take effect 60 days after the date of enactment of this Act and shall apply to appointments made on or after that effective date. ____________________