Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disclosure; and Encouragement of
Verification, Innovation, Cleaning, and Efficiency Act of 2017'' or the
``DEVICE Act of 2017''.

SEC. 2. REPORTING REQUIREMENT FOR DESIGN AND REPROCESSING INSTRUCTION
              CHANGES.

    (a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph
(j) the following:
    ``(k) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(q) (relating
to design and reprocessing changes).''.
    (b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360) is amended by adding at the end the
following:
    ``(q) Reporting Requirement for Device Design Changes.--Before
making a change to the design of a device, or the reprocessing
instructions of a device, that is marketed in interstate commerce, the
manufacturer of the device shall give written notice of the change to
the Food and Drug Administration.''.

SEC. 3. REPORTING REQUIREMENT FOR CERTAIN COMMUNICATIONS TO FOREIGN
              HEALTH CARE PROVIDERS.

    (a) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351), as amended by section 2 of this Act, is
further amended by inserting after paragraph (k) the following:
    ``(l) If it is a device with respect to which the manufacturer is
in violation of the reporting requirement in section 510(r) (relating
to communications to foreign health care providers).''.
    (b) Requirement.--Section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360), as amended by section 2 of this Act, is
further amended by adding at the end the following:
    ``(r) Reporting Requirement for Certain Communications to Foreign
Health Care Providers.--
            ``(1) Requirement.--The manufacturer of a device that is
        marketed in interstate commerce shall give written notice to
        the Food and Drug Administration of any communication described
        in paragraph (2) not more than 5 calendar days after making
        such communication.
            ``(2) Communication described.--A communication is
        described in this paragraph if the communication--
                    ``(A) is made by the manufacturer of the device or
                an affiliate of the manufacturer;
                    ``(B) relates to a change to the design of the
                device, a change to the recommended reprocessing
                protocols, if any, for the device, or a safety concern
                about the device; and
                    ``(C) is widely disseminated (including on a
                voluntary basis) to health care providers in a foreign
                country.
            ``(3) Affiliate.--In this subsection, the term `affiliate'
        means a business entity that has a relationship with a second
        business entity if, directly or indirectly--
                    ``(A) one business entity controls, or has the
                power to control, the other business entity; or
                    ``(B) a third party controls, or has the power to
                control, both of the business entities.''.

SEC. 4. RAPID ASSESSMENT TESTS INTENDED TO ENSURE PROPER REPROCESSING.

    (a) Inclusion in Device Definition.--Section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended--
            (1) in paragraph (h)--
                    (A) in subparagraph (2), by striking ``or'' at the
                end;
                    (B) in subparagraph (3), by striking ``and'' at the
                end and inserting ``or''; and
                    (C) by inserting after subparagraph (3) the
                following:
            ``(4) a rapid assessment test intended to ensure the proper
        reprocessing of a reusable device (as defined in paragraph
        (ss)), and''; and
            (2) by adding at the end the following:
    ``(ss) The term `reusable device' means a device that--
            ``(1) is intended to be used more than one time; and
            ``(2) must be sanitized (whether through cleaning,
        disinfection, or sterilization) to ensure that the device is
        safe and effective for such intended use.''.
    (b) Instructions for Use and Validation Data.--Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended by
sections 2 and 3 of this Act, is further amended by adding at the end
the following:
    ``(s) Instructions for Use and Validation Data.--
            ``(1) Initial list.--Not later than 1 year after the date
        of enactment of this subsection, the Secretary shall by
        regulation develop and publish a list of types of rapid
        assessment tests described in section 201(h)(4) for which
        reports under subsection (k) must include--
                    ``(A) instructions for use that have been validated
                in a manner specified by the Secretary; and
                    ``(B) validation data, of the types specified by
                the Secretary.
            ``(2) Updates.--The Secretary shall by regulation
        periodically update the list required by paragraph (1).
            ``(3) Enforcement.--Beginning on the date of publication of
        the initial list under paragraph (1), the Secretary shall not
        accept any notification under subsection (k) for clearance of a
        type of rapid assessment test that is included on such list
        unless such notification includes instructions for use and
        validation data in accordance with paragraph (1).''.

Output: Disclosure; and Encouragement of Verification, Innovation, Cleaning, and Efficiency Act of  2017 or the DEVICE Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require medical device manufacturers to notify the Food and Drug Administration (FDA): (1) before making changes to the design or reprocessing instructions of a device, and (2) no more than five days after widely disseminating to health care providers in a foreign country communications regarding changes to the design or reprocessing instructions of a device or regarding a safety concern about a device. A device may not be sold if the manufacturer violates these notification requirements. Rapid assessment tests intended to ensure the proper reprocessing of reusable medical devices are defined as medical devices. The FDA must publish a list of the types of rapid assessment tests for which premarket notification must include validated instructions for use and validation data.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hedge Fund Transparency Act''.

SEC. 2. HEDGE FUND REGISTRATION REQUIREMENTS.

    (a) Definition of Investment Company.--Section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
            (1) by striking paragraph (1);
            (2) by striking paragraph (7);
            (3) by redesignating paragraphs (2) through (6) as
        paragraphs (1) through (5), respectively; and
            (4) by redesignating paragraphs (8) through (14) as
        paragraphs (6) through (12), respectively.
    (b) Additional Exemptions.--Section 6 of the Investment Company Act
of 1940 (15 U.S.C. 80a-6) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(6)(A) Subject to subsection (g), any issuer whose
        outstanding securities (other than short-term paper) are
        beneficially owned by not more than 100 persons, and which is
        not making and does not presently propose to make a public
        offering of its securities.
            ``(B) For purposes of this paragraph and paragraph (7),
        beneficial ownership--
                    ``(i) by a company shall be deemed to be beneficial
                ownership by one person, except that, if the company
                owns 10 percent or more of the outstanding voting
                securities of the issuer, and is or, but for the
                exemption provided for in this paragraph or paragraph
                (7), would be an investment company, the beneficial
                ownership shall be deemed to be that of the holders of
                the outstanding securities (other than short-term
                paper) of such company; and
                    ``(ii) by any person who acquires securities or
                interests in securities of an issuer described in this
                paragraph shall be deemed to be beneficial ownership by
                the person from whom such transfer was made, pursuant
                to such rules and regulations as the Commission shall
                prescribe as necessary or appropriate in the public
                interest and consistent with the protection of
                investors and the purposes fairly intended by the
                policy and provisions of this title, where the transfer
                was caused by legal separation, divorce, death, or any
                other involuntary event.
            ``(7)(A) Subject to subsection (g), any issuer, the
        outstanding securities of which are owned exclusively by
        persons who, at the time of the acquisition of such securities,
        are qualified purchasers, and which is not making and does not
        at that time propose to make a public offering of such
        securities. Securities that are owned by persons who received
        the securities from a qualified purchaser as a gift or bequest,
        or in a case in which the transfer was caused by legal
        separation, divorce, death, or any other involuntary event,
        shall be deemed to be owned by a qualified purchaser, subject
        to such rules, regulations, and orders as the Commission may
        prescribe as necessary or appropriate in the public interest or
        for the protection of investors.
            ``(B) Notwithstanding subparagraph (A), an issuer is exempt
        under this paragraph if--
                    ``(i) in addition to qualified purchasers,
                outstanding securities of that issuer are beneficially
                owned by not more than 100 persons who are not
                qualified purchasers, if--
                            ``(I) such persons acquired any portion of
                        the securities of such issuer on or before
                        September 1, 1996; and
                            ``(II) at the time at which such persons
                        initially acquired the securities of such
                        issuer, the issuer was exempt under paragraph
                        (6); and
                    ``(ii) prior to availing itself of the exemption
                provided by this paragraph--
                            ``(I) such issuer has disclosed to each
                        beneficial owner that future investors will be
                        limited to qualified purchasers, and that
                        ownership in such issuer is no longer limited
                        to not more than 100 persons; and
                            ``(II) concurrently with or after such
                        disclosure, such issuer has provided each
                        beneficial owner with a reasonable opportunity
                        to redeem any part or all of their interests in
                        the issuer, notwithstanding any agreement to
                        the contrary between the issuer and such
                        persons, for the proportionate share of that
                        person of the net assets of the issuer.
            ``(C) Each person that elects to redeem under subparagraph
        (B)(ii)(II) shall receive an amount in cash equal to the
        proportionate share of that person of the net assets of the
        issuer, unless the issuer elects to provide such person with
        the option of receiving, and such person agrees to receive, all
        or a portion of the share of that person in assets of the
        issuer. If the issuer elects to provide such persons with such
        an opportunity, disclosure concerning such opportunity shall be
        made in the disclosure required by subparagraph (B)(ii)(I).
            ``(D) An issuer that is exempt under this paragraph shall
        nonetheless be deemed to be an investment company for purposes
        of the limitations set forth in subparagraphs (A)(i) and (B)(i)
        of section 12(d)(1) (15 U.S.C. 80a-12(d)(1) (A)(i) and (B)(i))
        relating to the purchase or other acquisition by such issuer of
        any security issued by any registered investment company and
        the sale of any security issued by any registered open-end
        investment company to any such issuer.
            ``(E) For purposes of determining compliance with this
        paragraph and paragraph (6), an issuer that is otherwise exempt
        under this paragraph and an issuer that is otherwise exempt
        under paragraph (6) shall not be treated by the Commission as
        being a single issuer for purposes of determining whether the
        outstanding securities of the issuer exempt under paragraph (6)
        are beneficially owned by not more than 100 persons, or whether
        the outstanding securities of the issuer exempt under this
        paragraph are owned by persons that are not qualified
        purchasers. Nothing in this subparagraph shall be construed to
        establish that a person is a bona fide qualified purchaser for
        purposes of this paragraph or a bona fide beneficial owner for
        purposes of paragraph (6).''; and
            (2) by adding at the end the following:
    ``(g) Limitation on Exemptions for Large Investment Companies.--
            ``(1) In general.--An investment company with assets, or
        assets under management, of not less than $50,000,000 is exempt
        under subsection (a)(6) or (a)(7) only if that company--
                    ``(A) registers with the Commission;
                    ``(B) files an information form with the Commission
                under paragraph (2);
                    ``(C) maintains such books and records as the
                Commission may require; and
                    ``(D) cooperates with any request for information
                or examination by the Commission.
            ``(2) Information form.--The information form required
        under paragraph (1) shall be filed at such time and in such
        manner as the Commission shall require, and shall--
                    ``(A) be filed electronically;
                    ``(B) be filed not less frequently than once every
                12 months;
                    ``(C) include--
                            ``(i) the name and current address of--
                                    ``(I) each natural person who is a
                                beneficial owner of the investment
                                company;
                                    ``(II) any company with an
                                ownership interest in the investment
                                company; and
                                    ``(III) the primary accountant and
                                primary broker used by the investment
                                company;
                            ``(ii) an explanation of the structure of
                        ownership interests in the investment company;
                            ``(iii) information on any affliation that
                        the investment company has with another
                        financial institution;
                            ``(iv) a statement of any minimum
                        investment commitment required of a limited
                        partner, member, or other investor;
                            ``(v) the total number of any limited
                        partners, members, or other investors; and
                            ``(vi) the current value of--
                                    ``(I) the assets of the investment
                                company; and
                                    ``(II) any assets under management
                                by the investment company; and
                    ``(D) be made available by the Commission to the
                public at no cost and in an electronic, searchable
                format.''.

SEC. 3. IMPLEMENTING GUIDANCE AND RULES.

    (a) Forms and Guidance.--Not later than 180 days after the date of
enactment of this Act, the Securities and Exchange Commission shall
issue such forms and guidance as are necessary to carry out this Act.
    (b) Rules.--The Securities and Exchange Commission may make a rule
to carry out this Act.

SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS.

    (a) Purpose.--It is the purpose of this section to safeguard
against the financing of terrorist organizations and money laundering.
    (b) In General.--An investment company that relies on paragraph (6)
or (7) of section 6(a) of the Investment Company Act of 1940 (15 U.S.C.
80a-6(a) (6) and (7)), as amended by this Act, as the basis for an
exemption under that Act shall establish an anti-money laundering
program and shall report suspicious transactions under subsections (g)
and (h) of section 5318 of title 31, United States Code.
    (c) Rulemaking.--
            (1) In general.--The Secretary of the Treasury, in
        consultation with the Chairman of the Securities and Exchange
        Commission and the Chairman of the Commodity Futures Trading
        Commission, shall, by rule, establish the policies, procedures,
        and controls necessary to carry out subsection (b).
            (2) Contents.--The rule required by paragraph (1)--
                    (A) shall require that each investment company that
                receives an exemption under paragraph (6) or (7) of
                section 6(a) of the Investment Company Act of 1940 (15
                U.S.C. 80a-6(a) (6) and (7)), as amended by this Act,
                shall--
                            (i) use risk-based due diligence policies,
                        procedures, and controls that are reasonably
                        designed to ascertain the indentity of and
                        evaluate any foreign person (including, where
                        appropriate, the nominal and beneficial owner
                        or beneficiary of a foreign corporation,
                        partnership, trust, or other foreign entity)
                        that supplies or plans to supply funds to be
                        invested with the advice or assistance of such
                        investment company; and
                            (ii) be subject to section 5318(k)(2) of
                        title 31, United States Code; and
                    (B) may incorporate elements of the proposed rule
                for unregistered investment companies published in the
                Federal Register on September 26, 2002 (67 Fed. Reg.
                60617) (relating to anti-money laundering programs).
            (3) Publication date.--The Secretary of the Treasury,
        shall--
                    (A) propose the rule required by this subsection
                not later than 90 days after the date of enactment of
                this Act; and
                    (B) issue the rule required by this subsection in
                final form not later than 180 days after the date of
                enactment of this Act.
    (d) Effective Date.--Subsection (b) shall take effect 1 year after
the date of enactment of this Act, whether or not a final rule is
issued under subsection (c), and the failure to issue such rule shall
in no way affect the enforceability of this section.

SEC. 5. TECHNICAL CORRECTIONS.

    (a) Securities Act of 1933.--Section 3(a) of the Securities Act of
1933 (15 U.S.C. 77c(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``section 3(c)(3)'' and inserting
                ``section 3(c)(2)''; and
                    (B) by striking ``section 3(c)(14)'' and inserting
                ``section 3(c)(12)'';
            (2) in paragraph (4), by striking ``section 3(c)(10)(B)''
        and inserting ``section 3(c)(8)(B)''; and
            (3) in paragraph (13), by striking ``section (3)(c)(14)''
        and inserting ``section 3(c)(12)''.
    (b) Securities Exchange Act of 1934.--The Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) is amended--
            (1) in section 3(a) (15 U.S.C. 78c(a))--
                    (A) in paragraph (12)(A)--
                            (i) in clause (iii), by striking ``section
                        3(c)(3)'' and inserting ``section 3(c)(2)'';
                            (ii) in clause (v), by striking ``section
                        3(c)(10)(B)'' and inserting ``section
                        3(c)(8)(B)''; and
                            (iii) in clause (vi), by striking ``section
                        3(c)(14)'' and inserting ``section 3(c)(12)'';
                    (B) in paragraph (12)(C), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''; and
                    (C) in paragraph (54)(A)--
                            (i) in clause (ii), by striking ``exclusion
                        from the definition of investment company
                        pursuant to section 3(c)(7)'' and inserting
                        ``exemption under section 6(a)(7)''; and
                            (ii) in clause (vii), by striking ``section
                        3(c)(2)'' and inserting ``section 3(c)(1)'';
            (2) in section 3(g) (15 U.S.C. 78c(g)) by striking
        ``section 3(c)(14)'' each place that term appears and inserting
        ``section 3(c)(12)''; and
            (3) in section 12(g)(2) (15 U.S.C. 78l(g)(2))--
                    (A) in subparagraph (D), by striking ``section
                3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)''; and
                    (B) in subparagraph (H), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''.
    (c) Investment Company Act of 1940.--The Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) is amended--
            (1) in section 2(a)(51) (15 U.S.C. 80a-2(a)(51))--
                    (A) in subparagraph (A)(i), by striking ``excepted
                under section 3(c)(7)'' and inserting ``exempt under
                section 6(a)(7)''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``that, but for the
                        exceptions provided for in paragraph (1) or (7)
                        of section 3(c), would be an investment company
                        (hereafter in this paragraph referred to as an
                        `excepted investment company')'' and inserting
                        ``that is exempt under paragraph (6) or (7) of
                        section 6(a) (hereafter in this paragraph
                        referred to as an `exempt investment
                        company')'';
                            (ii) by striking ``section 3(c)(1)(A)'' and
                        inserting ``section 6(a)(6)(B)(i)''; and
                            (iii) by striking ``excepted'' each place
                        that term appears and inserting ``any exempt'';
            (2) in section 6 (15 U.S.C. 80a-6)--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking ``section
                        3(c)(1)'' and inserting ``section 6(a)(6)'';
                        and
                            (ii) in paragraph (5)(A)(iv), by striking
                        ``that would be an investment company except
                        for the exclusions from the definition of the
                        term `investment company' under paragraph (1)
                        or (7) of section 3(c)'' and inserting ``that
                        is exempt under paragraph (6) or (7) of section
                        6(a)''; and
                    (B) in subsection (f), by striking ``excluded from
                the definition of an investment company by section
                3(c)(1)'' and inserting ``exempt under section
                6(a)(6)'';
            (3) in section 7(e) (15 U.S.C. 80a-7(e)), by striking
        ``section 3(c)(10)(B)'' and inserting ``section 3(c)(8)(B)'';
        and
            (4) in section 30 (15 U.S.C. 80a-29) in each of subsections
        (i) and (j), by striking ``section 3(c)(14)'' each place that
        term appears and inserting ``section 3(c)(12)''.
    (d) Investment Advisers Act of 1940.--The Investment Advisers Act
of 1940 (15 U.S.C. 80b-1 et seq.) is amended--
            (1) in section 203(b) (15 U.S.C. 80b-3(b))--
                    (A) in paragraph (4) by striking ``section
                3(c)(10)'' each place that term appears and inserting
                ``section 3(c)(8)''; and
                    (B) in paragraph (5), by striking ``section
                3(c)(14)'' and inserting ``section 3(c)(12)''; and
            (2) in section 205(b) (15 U.S.C. 80b-5(b))--
                    (A) in paragraph (2)(B), by striking ``section
                3(c)(11)'' and inserting ``section 3(c)(9)''; and
                    (B) in paragraph (4), by striking ``excepted from
                the definition of an investment company under section
                3(c)(7)'' and inserting ``exempt under section
                6(a)(7)''.
    (e) Internal Revenue Code of 1986.--Section 851(a)(2) of the
Internal Revenue Code of 1986 (relating to the definition of regulated
investment company) is amended by striking ``section 3(c)(3)'' and
inserting ``section 3(c)(2)''.

Output:
Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one.

Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company: (1) registers with the Securities and Exchange Commission (SEC); (2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value; (3) maintains such books and records as the SEC may require; and (4) cooperates with any request for information or examination by the SEC.

Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions.

Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance.

 Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ESA Improvement Act of 2014''.

SEC. 2. ENDANGERED AND THREATENED SPECIES STATE PROTECTIVE ACTIONS.

    Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)) is amended--
            (1) in paragraph (1), in the first sentence, by striking
        ``The Secretary shall'' and inserting ``Except as provided in
        paragraph (3), the Secretary shall''; and
            (2) by adding at the end the following:
            ``(3) State protective action.--
                    ``(A) Exclusion from lists.--The Secretary shall
                not include in a list under this subsection any
                population of a species in a State if the Secretary has
                approved a State Protective Action for such population
                in accordance with this paragraph.
                    ``(B) Publication of notice.--Not later than 90
                days before proposing to add a species to a list under
                this subsection, the Secretary shall notify each State
                in which a population of the species occurs of the
                opportunity to submit to the Secretary a proposed State
                Protective Action for the species in that State,
                including specification of the criteria for approval of
                such an action under this paragraph.
                    ``(C) Submission by state.--Each State notified
                under subparagraph (B), or group of such States, may
                submit to the Secretary a proposed State Protective
                Action for the species in such State or States within
                the period specified by the Secretary for the
                submission of public comment regarding the inclusion of
                the species in the list.
                    ``(D) Guidance to states.--During preparation of a
                proposed State Protective Action under subparagraph
                (A), the Secretary shall provide guidance to the State
                regarding such preparation.
                    ``(E) Approval or disapproval; resubmission.--The
                Secretary shall--
                            ``(i) approve or disapprove a proposed
                        State Protective Action by not later than 45
                        days after the date it is submitted;
                            ``(ii) approve such an action if the
                        Secretary determines that it meets the criteria
                        specified for approval in the notification
                        under subparagraph (B);
                            ``(iii) upon disapproving such an action--
                                    ``(I) provide the written comments
                                explaining specifically why the action
                                was not approved;
                                    ``(II) allow the proposed action to
                                be resubmitted at any time before the
                                end of the 45-day period beginning on
                                the date the Secretary provides such
                                comments; and
                                    ``(III) by not later than 30 days
                                after the end of such period, issue a
                                final decision regarding the proposed
                                action.
                    ``(F) Limitation on final listing.--The Secretary
                may not add a population of a species to a list before
                the date the Secretary has made a final determination
                regarding approval of each State Protective Action for
                such population that has been submitted in accordance
                with this paragraph.
                    ``(G) Qualification for grants.--For purposes of
                subsection (d), a State Protective Action approved by
                the Secretary under this paragraph shall be treated as
                a cooperative agreement entered into pursuant to this
                subsection.
                    ``(H) Review of plans.--Every 5 years after
                approving a State Protective Action, the Secretary
                shall review the implementation and effectiveness of
                the action, and if necessary provide guidance on
                improvements or revisions that are required to maintain
                the Secretary's approval of the action.
                    ``(I) Revocation of approval.--The Secretary may
                revoke approval of a State Protective Action for a
                population and propose adding such species to a list
                under this subsection if at any time after completion
                of the first review under subparagraph (H) the
                Secretary determines that--
                            ``(i) the State has failed to implement the
                        action; or
                            ``(ii) the action has failed to make
                        measurable progress toward achieving the
                        recovery criteria for the population.
                    ``(J) Termination.--The Secretary may terminate the
                effectiveness of a State Protective Action approved
                under this paragraph, including review regarding the
                action under subparagraph (H), if the Secretary
                determines that recovery criteria for the population
                have been achieved.''.

Output: ESA Improvement Act of 2014 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from adding a species to the list of endangered and threatened species: (1) if the Secretary has approved a State Protective Action (SPA) for such species, and (2) before the Secretary has made a final determination regarding approval of an SPA. Directs the Secretary to: (1) notify each state of the opportunity to submit an SPA prior to proposing to add a species to the federal list of endangered and threatened species, and (2) provide guidance to states regarding the preparation of an SPA. Establishes a process for approving or disapproving a proposed SPA. Requires the Secretary to review the implementation and effectiveness of an SPA every five years and, if necessary, provide guidance on improvements or revisions that are required to maintain the Secretary's approval of the SPA. Authorizes the Secretary to: (1) revoke approval of an SPA and propose adding a species to the federal list if the state has failed to implement the SPA or the SPA failed to make measurable progress toward meeting the recovery criteria for the species, and (2) terminate the effectiveness of an approved SPA if the recovery criteria for the species have been met.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security and Liberty Preservation
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The terrorist attacks of September 11, 2001, and the
        continuing threat of further attacks, are an assault on the
        safety and security of all Americans.
            (2) The threat of further acts of terrorism has
        necessitated an expansion of the authority of government to
        conduct surveillance and collect data.
            (3) While recognizing the need for additional security
        measures, Americans remain deeply committed to the individual
        dignity, liberty, and privacy rooted in United States history
        and protected by the Constitution of the United States.
            (4) Different investigative technologies and methods can
        achieve the same security goals in ways that have substantially
        different impacts on individual rights.
            (5) The government should conduct investigations and
        surveillance in a manner that fully addresses law enforcement
        and national security needs in the manner that best preserves
        the personal dignity, liberty, and privacy of individuals
        within the United States.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Commission on
Enhancing Security and Preserving Freedom (in this Act referred to as
the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 17
        members of whom--
                    (A) five shall be representatives of the Federal
                Government, including--
                            (i) the Attorney General, or the Attorney
                        General's designee;
                            (ii) the Secretary of the Treasury, or the
                        Secretary's designee;
                            (iii) the Secretary of Commerce, or the
                        Secretary's designee;
                            (iv) the Director of Central Intelligence,
                        or the Director's designee; and
                            (v) the Director of Homeland Security, or
                        the Director's designee;
                    (B) four shall be appointed by the Majority Leader
                of the Senate;
                    (C) two shall be appointed by the Minority Leader
                of the Senate;
                    (D) four shall be appointed by the Speaker of the
                House of Representatives; and
                    (E) two shall be appointed by the Minority Leader
                of the House of Representatives.
            (2) Limitation on designees.--An individual may not be
        designated for membership on the Commission under paragraph
        (1)(A) unless the individual holds a position in the United
        States Government by appointment of the President, by and with
        the advice and consent of the Senate.
            (3) Appointments by congressional leadership.--
                    (A) Requirements.--Of the individuals appointed
                under subparagraphs (B) through (E) of paragraph (1)--
                            (i) at least one shall be an officer or
                        employee of a State law enforcement agency; and
                            (ii) at least one shall be an officer or
                        employee of a local law enforcement agency.
                    (B) Limitation.--No individual may be appointed
                under subparagraphs (B) through (E) of paragraph (1) if
                the individual is an officer or employee of the Federal
                Government or an active member of the uniformed
                services.
                    (C) Sense of congress.--It is the sense of Congress
                that in making appointments to the Commission under
                subparagraphs (B) through (E) of paragraph (1) the
                Members of Congress referred to in such subparagraphs
                should seek to appoint individuals with varying
                viewpoints on and areas of expertise in the matters to
                be covered by the Commission, including individuals
                from the technology industry, non-profit entities, and
                academia.
    (c) Period of Appointment; Vacancies.--Members of the Commission
shall be appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in the same
manner as the original appointment.
    (d) Security Clearances.--
            (1) In general.--Each individual appointed to the
        Commission under subparagraphs (B) through (E) of subsection
        (d)(1) shall possess a security clearance appropriate for the
        work of the Commission under this Act.
            (2) Failure to secure clearance.--
                    (A) Initial appointments.--If an individual
                initially appointed under subparagraphs (B) through (E)
                of subsection (d)(1) without a security clearance does
                not secure a security clearance by the commencement of
                the work of the Commission, the appointment shall be
                deemed vacant.
                    (B) Appointments to vacancies.--If an individual
                appointed to a vacancy in a position under
subparagraphs (B) through (E) of subsection (d)(1) without a security
clearance does not secure a security clearance within a reasonable
period (as determined by the Commission), the appointment shall be
deemed vacant.
            (3) Processing of clearances.--The Attorney General shall
        seek to ensure the timely processing of any applications for
        security clearances for purposes of this subsection.
    (e) Chairman.--The Commission shall select a Chairman from among
its members.
    (f) Initial Meeting.--Not later than 30 days after the date on
which nine members of the Commission have been appointed, the
Commission shall hold its first meeting.
    (g) Meetings.--The Commission shall meet at the call of the
Chairman.
    (h) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 4. DUTIES OF COMMISSION.

    (a) Investigation.--The Commission shall conduct a thorough
investigation of the following:
            (1) Standards for using, selecting, and operating
        investigative and surveillance technologies to meet law
        enforcement and national security needs in the manner that best
        preserves the personal dignity, liberty, and privacy of
        individuals within the United States.
            (2) The advisability of establishing within the Government
        one or more entities or procedures to ensure that the
        Government uses investigative and surveillance technologies to
        meet law enforcement and national security needs in the manner
        that best preserves the personal dignity, liberty, and privacy
        of individuals within the United States.
    (b) Report.--
            (1) In general.--Not later than 18 months after the date of
        the initial meeting of the Commission, the Commission shall
        submit to the President and Congress a report which shall
        contain a detailed statement of the findings and conclusions of
        the Commission, together with its recommendations for such
        legislation and administrative actions as it considers
        appropriate.
            (2) Form of report.--The report under paragraph (1) shall
        be submitted in unclassified form, but may include a classified
        annex.
    (c) Investigative and Surveillance Technologies Defined.--In this
section, the term ``investigative and surveillance technologies'' means
technologies that may be used by the Federal Government, and by State
and local governments, to monitor and collect information about
individuals in the absence of reasonable, articulable suspicion of
criminal activity, including--
            (1) Internet surveillance technologies;
            (2) data mining technologies;
            (3) surveillance camera technologies;
            (4) x-ray body scan technologies;
            (5) biometric technologies; and
            (6) other technologies identified by the Commission for
        purposes of this Act.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission or, at its direction, any
        subcommittee or member of the Commission, may, for the purpose
        of carrying out this Act--
                    (A) hold such hearings, sit and act at such times
                and places, take such testimony, receive such evidence,
                administer such oaths; and
                    (B) require, by subpoena or otherwise, the
                attendance and testimony of such witnesses and the
                production of such books, records, correspondence,
                memoranda, papers, documents, tapes, and materials,
        as the Commission or such subcommittee or member considers
        advisable.
            (2) Public meetings.--To the maximum extent practicable,
        the meetings of the Commission shall be open to the public.
            (3) Closed meetings.--
                    (A) In general.--Meetings of the Commission may be
                closed to the public under section 10(d) of the Federal
                Advisory Committee Act (5 U.S.C. App.) or other
                applicable law.
                    (B) Additional authority.--In addition to the
                authority under subparagraph (A), paragraphs (1) and
                (3) of section 10(a) of the Federal Advisory Committee
                Act shall not apply to any portion of a Commission
                meeting if the President determines that such portion
                or portions of that meeting is likely to disclose
                matters that could endanger national security. If the
                President makes such determination, the requirements
                relating to a determination under section 10(d) of that
                Act shall apply.
            (4) Public summary of closed proceedings.--Whenever
        practicable, the Commission shall maintain and make available
        for public inspection an unclassified summary of any classified
        information considered by the Commission and of any classified
        meeting or proceeding conducted by the Commission.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Subpoenas issued under subsection (a) shall
        bear the signature of the Chairman of the Commission and shall
        be served by any person or class of persons designated by the
        Chairman for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to
        obey a subpoena issued under subsection (a), the United States
        district court for the judicial district in which the
        subpoenaed person resides, is served, or may be found may issue
        an order requiring such person to appear at any designated
        place to testify or to produce documentary or other evidence.
        Any failure to obey the order of the court may be punished by
        the court as a contempt of court.
    (c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
    (d) Procedures.--The Commission may adopt procedures for the work
of the Commission under this Act. Any portion of such procedures
relating to the treatment of confidential or classified information
shall not go into effect until jointly approved by the Attorney General
and the Director of Central Intelligence.
    (e) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
    (f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission shall serve
without compensation for their service as members of the Commission.
All members of the Commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
    (b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
            (2) Compensation.--The Chairman of the Commission may fix
        the compensation of the executive director and other personnel
        without regard to chapter 51 and subchapter III of chapter 53
        of title 5, United States Code, relating to classification of
        positions and General Schedule pay rates, except that the rate
        of pay for the executive director and other personnel may not
        exceed the rate payable for level V of the Executive Schedule
        under section 5316 of such title.
            (3) Security clearances.--The executive director and any
        other personnel of the Commission shall possess security
        clearances appropriate for the work of the Commission.
    (d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 4(b).

SEC. 8. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2003, 2004, and 2005 such sums as
may be necessary for the Commission to carry out this Act in such
fiscal year.
    (b) Transfer of Funds.--If no funds are appropriated to the
Commission by the end of the session of Congress ending in a fiscal
year specified in subsection (a), the Secretary of Commerce shall, from
amounts appropriated or otherwise available to the Secretary for such
fiscal year, transfer to the Commission an amount necessary to permit
the Commission to carry out this Act in such fiscal year.
    (c) Availability.--Any amounts appropriated to the Commission under
subsection (a), or transferred to the Commission under subsection (b),
shall remain available, without fiscal year limitation, until expended.

Output: Security and Liberty Preservation Act - Establishes the Commission on Enhancing Security and Preserving Freedom to conduct a thorough investigation of: (1) standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States; and (2) the advisability of establishing Government entities or procedures to ensure that the Government complies with such standards.


Input:
SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION.

    Section 3503 of title 46, United States Code, is amended to read as
follows:
``Sec. 3503. Fire-retardant materials
    ``(a)(1) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be granted a
certificate of inspection only if--
            ``(A) the vessel is constructed of fire-retardant
        materials; and
            ``(B) the vessel--
                    ``(i) is operating engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators that meet current Coast Guard
                regulations;
                    ``(ii) is operating boilers and main electrical
                generators that are contained within noncombustible
                enclosures equipped with fire suppression systems; and
                    ``(iii) has multiple forms of egress off the
                vessel's bow and stern.
    ``(2) Before December 1, 2028, this section does not apply to any
vessel in operation before January 1, 1968, and operating only within
the Boundary Line.
    ``(b)(1) When a vessel is exempted from the fire-retardant
standards of subsection (a)--
            ``(A) the owner or managing operator of the vessel shall--
                    ``(i) notify in writing prospective passengers,
                prior to the sale of any ticket for boarding and to be
                affirmatively recognized by such passenger prior to
                purchase, and any crew member that the vessel does not
                comply with applicable fire safety standards due
                primarily to the wooden construction of passenger
                berthing areas; and
                    ``(ii) display in clearly legible font prominently
                throughout the vessel, including in each state room the
                following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY
                RULES AND REGULATIONS OF THE U.S. COAST GUARD.';
            ``(B) the owner or managing operator of the vessel--
                    ``(i) may not disclaim liability to a passenger or
                crew member for death, injury, or any other loss caused
                by fire due to the negligence of the owner or managing
                operator; and
                    ``(ii) shall acquire prior to entering service, and
                maintain, liability insurance in an amount to be
                prescribed by the Federal Maritime Commission;
            ``(C) the penalties provided in section 3504(c) of this
        title apply to a violation of this subsection;
            ``(D) the owner or managing operator of the vessel shall--
                    ``(i) make annual structural alteration to not less
                than 10 percent of the areas of the vessel that are not
                constructed of fire retardant materials;
                    ``(ii) prioritize alterations in galleys,
                engineering areas of the vessel, including all spaces
                and compartments containing, or adjacent to spaces and
                compartments containing, engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators;
                    ``(iii) ensure, to the satisfaction of the Coast
                Guard, that the combustible fire-load has been reduced
                pursuant to clause (i) during each annual inspection
                for certification; and
                    ``(iv) provide advance notice to the Coast Guard
                regarding the structural alterations made pursuant to
                clause (i) and comply with any noncombustible material
                requirements prescribed by the Coast Guard;
            ``(E) the Coast Guard, in making the determination required
        in subparagraph (D)(iii), shall consider, to the extent
        practicable, the goal of preservation of the historic integrity
        of the vessel in areas carrying or accessible to passengers or
        generally visible to the public;
            ``(F) the owner or managing operator of the vessel shall
        annually notify all ports of call and State emergency
        management offices of jurisdiction that the vessel does not
        comply with applicable fire safety standards due primarily to
        the wooden construction of passenger berthing areas;
            ``(G) the crews manning such vessel shall receive
        specialized training, above minimum standards, in regards to
        shipboard firefighting that is specialized for exempted vessels
        and approved by the Coast Guard; and
            ``(H) the owner or managing operator of the vessel shall,
        to the extent practicable, take all steps to retain previously
        trained crew knowledgeable of such vessel or to hire crew
        trained in operations aboard exempted vessels.
    ``(2) The Secretary shall conduct an annual audit and inspection of
any vessel exempted from the fire-retardant standards of subsection
(a).
    ``(c) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include the manner in which prospective
passengers are to be notified.
    ``(d) In addition to other penalties permitted by law, the
Secretary is authorized to immediately withdraw a certificate of
inspection for a passenger vessel that does not comply with any
requirement under this section.''.

Output: This bill revises the requirements for passenger vessels that are exempt from fire-retardant materials standards. Vessels in operation before January 1, 1968, that operate within inland waterways are exempt from the new requirements until December 1, 2028. Exempt vessel operators must follow certain requirements including notifying prospective passengers in writing prior to the sale of any ticket for boarding and making annual structural alterations to at least 10% of areas of the vessel that are not constructed of fire-retardant materials. Additionally, the Department of Transportation (DOT)must conduct an annual inspection of any vessel that is exempted from fire-retardant materials standards.DOTmay withdraw a certificate of inspection for any vessel that does not comply with requirements under this bill.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Fuels Pipelines Act of
2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) creating the appropriate infrastructure to move
        renewable fuels is a necessary energy and transportation
        objective for the United States;
            (2) as of the date of enactment of this Act, more than 70
        percent of the gasoline supply of the United States is
        delivered to local terminals through pipelines;
            (3) pipelines are the most cost-effective, efficient, and
        safe transportation mode in use in 2009 to deliver large
        volumes of liquid fuels;
            (4) as of the date of enactment of this Act, renewable
        fuels are transported by truck, barge, and rail, and the volume
        requirements of the Energy Independence and Security Act of
        2007 (42 U.S.C. 17001 et seq.), and the amendments made by that
        Act, will require an expansion of the renewable fuels
        infrastructure;
            (5) the transportation of renewable fuels through a
        pipeline will facilitate the meeting of the volume requirements
        of the Energy Independence and Security Act of 2007 (42 U.S.C.
        17001 et seq.) and the amendments made by that Act; and
            (6) the production and use of renewable fuels is supported
        by Federal policy and a corresponding Federal policy is
        necessary to support the construction of an appropriate
        infrastructure to transport those fuels.

SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
              PIPELINES.

    (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
            ``(6) Renewable fuel.--The term `renewable fuel' has the
        meaning given the term in section 211(o)(1) of the Clean Air
        Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009,
        except that the term includes ethanol and biodiesel.
            ``(7) Renewable fuel pipeline.--The term `renewable fuel
        pipeline' means a common carrier pipeline for transporting
        renewable fuel in accordance with this title.''.
    (b) Specific Appropriation or Contribution.--Section 1702(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking
``No'' and inserting ``Except with respect to a project described in
section 1703(f), no''.
    (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42
U.S.C. 16512(c)) is amended--
            (1) by striking ``(c) Amount.--Unless'' and inserting the
        following:
    ``(c) Amount.--
            ``(1) In general.--Unless''; and
            (2) by adding at the end the following:
            ``(2) Renewable fuel pipelines.--With respect to a project
        described in section 1703(f)--
                    ``(A) a guarantee by the Secretary shall not exceed
                an amount equal to 90 percent of the project cost of
                the renewable fuel pipeline that is the subject of the
                guarantee, as estimated at the time at which the
                guarantee is issued; and
                    ``(B) the Secretary may make more than 1 guarantee
                for the project, to the extent that the sum of all
                guarantees for the project does not exceed an amount
                equal to 90 percent of the project cost of the
                renewable fuel pipeline that is the subject of the
                guarantees, as estimated any time after the original
                guarantee is issued.''.
    (d) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
    ``(f) Renewable Fuel Pipelines.--
            ``(1) In general.--The Secretary may make guarantees under
        this title for projects to construct renewable fuel pipelines
        without regard to any limitation imposed by this section other
        than a limitation imposed by this subsection.
            ``(2) Guarantee determinations.--In determining whether to
        make a guarantee for a project described in paragraph (1), the
        Secretary shall consider the following:
                    ``(A) The volume of renewable fuel to be moved by
                the renewable fuel pipeline.
                    ``(B) The size of the markets to be served by the
                renewable fuel pipeline.
                    ``(C) The existence of sufficient storage to
                facilitate access to the markets to be served by the
                renewable fuel pipeline.
                    ``(D) The proximity of the renewable fuel pipeline
                to renewable fuel production facilities.
                    ``(E) The investment in terminal infrastructure of
                the entity carrying out the proposed project to
                construct a renewable fuel pipeline.
                    ``(F) The history and experience working with
                renewable fuel of the entity carrying out the proposed
                project to construct a renewable fuel pipeline.
                    ``(G) The ability of the entity carrying out the
                proposed project to construct a renewable fuel pipeline
                to ensure and maintain the quality of the renewable
                fuel through the terminal system of the entity and
                through the dedicated pipeline system.
                    ``(H) The ability of the entity carrying out the
                proposed project to construct a renewable fuel pipeline
                to complete such proposed project in a timely manner.
                    ``(I) The ability of the entity carrying out the
                proposed project to construct a renewable fuel pipeline
                to secure property rights-of-way.
                    ``(J) Other criteria the Secretary determines
                appropriate for consideration.
            ``(3) Loan guarantee for preliminary stage.--
                    ``(A) In general.--The Secretary--
                            ``(i) shall evaluate a project to assemble
                        a renewable fuel pipeline under this title as a
                        complete project; but
                            ``(ii) as a result of the size and nature
                        of the project, the Secretary may make a
                        guarantee under this title for an initial loan
                        to assemble the renewable fuel pipeline at a
                        preliminary stage in the loan approval process
                        for the complete project.
                    ``(B) Amount.--The amount of a loan that is
                guaranteed at the preliminary stage of a renewable fuel
                pipeline project under this paragraph--
                            ``(i) shall not exceed 2 percent of the
                        total amount of loan guarantees made for the
                        complete project; and
                            ``(ii) shall be incorporated into the total
                        amount of loan guarantees made for the complete
                        project.
                    ``(C) Required information.--To be eligible to
                obtain a loan guarantee at the preliminary stage of a
                renewable fuel pipeline project under this paragraph,
                the applicant shall provide to the Secretary--
                            ``(i) a route description for the project,
                        including a centerline map of the proposed
                        pipeline route subject to field verification
                        and right-of-way acquisition (with a margin of
                        error of 10 miles);
                            ``(ii) a construction cost estimate and
                        schedule for completion of the project;
                            ``(iii) an environmental review of the
                        impact of the project on sensitive areas,
                        including likely mitigation strategies and a
                        plan for conducting the necessary environmental
                        impact statements; and
                            ``(iv) a business plan that includes--
                                    ``(I) a market assessment;
                                    ``(II) an economic analysis; and
                                    ``(III) an analysis of any required
                                pipeline connections to biorefineries,
                                terminal locations, and other terminal
                                connections.
                    ``(D) Supporting information.--In making a loan
                guarantee at the preliminary stage of a renewable fuel
                pipeline project under this paragraph, the Secretary
                shall consider whether an applicant provides to the
                Secretary--
                            ``(i) a comprehensive project plan that
                        includes a full work plan;
                            ``(ii) a full engineering summary;
                            ``(iii) a detailed assessment of the
                        ability of the applicant to complete the
                        project in a timely manner;
                            ``(iv) a right of way acquisition plan;
                            ``(v) appropriate environmental studies;
                        and
                            ``(vi) a plan for acquiring necessary
                        permits.
            ``(4) Eminent domain.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Secretary may provide to the owner of a renewable fuel
                pipeline under this title the same rights of eminent
                domain that the Federal Energy Regulatory Commission is
                authorized to provide to a natural gas company under
                section 7(h) of the Natural Gas Act (15 U.S.C.
                717f(h)).
                    ``(B) Certificate of public convenience and
                necessity.--An owner of a renewable fuel pipeline under
                this title shall not be required to hold a certificate
                of public convenience and necessity, or any comparable
                certificate, to exercise the rights of eminent domain
                under this title.
            ``(5) Renewable fuel pipeline ratemaking methodology.--
        Consistent with the ratemaking methodology used for a natural
        gas company under the Natural Gas Act (15 U.S.C. 717 et seq.),
        the Federal Energy Regulatory Commission shall have
        jurisdiction over the ratemaking methodology used for renewable
        fuel transported by pipeline.''.
    (e) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
    ``(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to provide up to $5,000,000,000
in loan guarantees under this title for projects described in section
1703(f).''.
    (f) Temporary Program for Rapid Deployment of Renewable Energy and
Electric Power Transmission Projects.--Section 1705(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end
the following:
            ``(4) Renewable fuel pipelines.''.

SEC. 4. FINAL RULE.

    Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall--
            (1) publish in the Federal Register a final rule for
        carrying out a guarantee program for the construction of
        renewable fuel pipelines under title XVII of the Energy Policy
        Act of 2005 (22 U.S.C. 16511 et seq.) in accordance with the
        amendments made by this Act; or
            (2) modify rules and regulations applicable as of the date
        of enactment of this Act to the guarantee program under that
        title in accordance with the amendments made by this Act.

Output:
Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.

Allows a maximum guarantee by the Secretary of Energy of 90% of the pipeline project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).

Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.

Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Health Care for Young Adults Act of
2005''.

SEC. 2. PROVIDING STATE OPTION FOR SCHIP AND MEDICAID COVERAGE OF YOUNG
              ADULTS UP TO AGE 23.

    (a) In General.--
            (1) Medicaid.--(A) Section 1902(l)(1)(D) of the Social
        Security Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting
        ``(or, at the option of the State, who have not attained 20,
        21, or 22 years of age, as the State may elect)'' after ``have
        not attained 19 years of age''.
            (B) Clause (i) of section 1905(a) of the Social Security
        Act (42 U.S.C. 1396d(a)) is amended by striking ``under the age
        of 21, or, at the option of the State, under the age of 20, 19,
        or 18 as the State may choose'' and inserting ``under the age
        of 23, or, at the option of the State, under the age of 22, 21,
        20, 19, or 18 as the State may elect''.
            (2) SCHIP.--Section 2110(c)(1) of such Act (42 U.S.C.
        1397jj(c)(1)) is amended by inserting after ``19 years of age''
        the following: ``(or, at the option of the State and subject to
        the availability of additional allotments under section
        2104(d), 20, 21, 22, or 23 years of age)''.
    (b) Additional SCHIP Allotments for Providing Coverage of Optional
Young Adults.--
            (1) In general.--Section 2104 of such Act (42 U.S.C.
        1397dd) is amended by inserting after subsection (c) the
        following:
    ``(d) Additional Allotments for the Provision of Coverage to
Optional Young Adults.--
            ``(1) Appropriation; total allotment.--For the purpose of
        providing additional allotments to States under this title,
        there is appropriated, out of any money in the Treasury not
        otherwise appropriated, for each of fiscal years 2006 through
        2009, $500,000,000.
            ``(2) State and territorial allotments.--In addition to the
        allotments provided under subsections (b) and (c), subject to
        paragraph (3), of the amount available for the additional
        allotments under paragraph (1) for a fiscal year, the Secretary
        shall allot to each State with a State child health plan
        approved under this title--
                    ``(A) in the case of such a State other than a
                commonwealth or territory described in subparagraph
                (B), the same proportion as the proportion of the
                State's allotment under subsection (b) (determined
                without regard to subsection (f)) to the total amount
                of the allotments under subsection (b) for such States
                eligible for an allotment under this paragraph for such
                fiscal year; and
                    ``(B) in the case of a commonwealth or territory
                described in subsection (c)(3), the same proportion as
                the proportion of the commonwealth's or territory's
                allotment under subsection (c) (determined without
                regard to subsection (f)) to the total amount of the
                allotments under subsection (c) for commonwealths and
                territories eligible for an allotment under this
                paragraph for such fiscal year.
            ``(3) Use of additional allotment.--Additional allotments
        provided under this subsection are not available for amounts
        expended before October 1, 2005. Such amounts are available for
        amounts expended on or after such date only for--
                    ``(A) expenditures described in section
                1905(u)(4)(A); and
                    ``(B) child health assistance for individuals who
                are targeted low-income children and over 18 years of
                age and who are low-income children only because of an
                election by the State under section 2110(c)(1).''.
            (2) Conforming amendments.--Section 2104 of such Act (42
        U.S.C. 1397dd) is amended--
                    (A) in subsection (a), in the matter preceding
                paragraph (1), by inserting ``subject to subsection
                (d),'' after ``under this section,'';
                    (B) in subsection (b)(1), by inserting ``and
                subsection (d)'' after ``Subject to paragraph (4)'';
                and
                    (C) in subsection (c)(1), by inserting ``subject to
                subsection (d),'' after ``for a fiscal year,''.
    (c) Modification of Medicaid Caps for Territories.--Section 1108 of
such Act (42 U.S.C. 1308) is amended--
            (1) in subsection (f), by striking ``subsection (g)'' and
        inserting ``subsections (g) and (h)''; and
            (2) by adding at the end the following new subsection:
    ``(h) The Secretary shall provide for such increase in the
limitations under subsections (f) and (g) with respect to each of the
territories as may be necessary for each such territory to provide for
an expansion of medicaid coverage to young adults described in section
1902(l)(1)(D).''.
    (d) Effective Date.--The amendments made by this section apply to
items and services furnished on or after October 1, 2005, without
regard to whether regulations implementing such amendments have been
promulgated.

SEC. 3. GRANTS TO IMPLEMENT MEDICAID AND SCHIP EXPANSIONS.

    (a) In General.--The Secretary of Health and Human Services shall
provide for grants to States (as defined for purposes of titles XIX and
XXI of the Social Security Act) in order to enable such States to
implement expansions of eligibility for children and young adults their
State medicaid plans under title XIX of the Social Security Act and
State child health plans under title XXI of such Act. Such grants shall
be available for planning, implementation, and outreach with respect to
such expanded eligibility populations.
    (b) Terms and Conditions.--Grants under this section shall be made
available under such terms and conditions, including the approval of a
grant application, as the Secretary shall specify.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to provide for grants under
this section.

Output:
Health Care for Young Adults Act of 2005 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) to permit states to provide Medicaid and SCHIP coverage of low-income youth up to age 23.

Provides for additional SCHIP allotments for the provision of coverage to optional young adults.

Amends SSA title XI to modify Medicaid caps for territories.

Directs the Secretary of Health and Human Services to provide for grants to states in order to enable them to implement expansions of eligibility for children and young adults in their state Medicaid and state SCHIP plans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pet and Women Safety Act of 2017''.

SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND
              STALKING.

    (a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (ii), by striking ``or'' at the end;
                and
                    (B) by inserting after clause (iii) the following:
                            ``(iv) the pet of that person; or''; and
            (2) in paragraph (2)(A)--
                    (A) by inserting after ``to a person'' the
                following: ``or a pet''; and
                    (B) by striking ``or (iii)'' and inserting ``(iii),
                or (iv)''.
    (b) Interstate Violation of Protection Order.--Section 2262 of
title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting after ``another
                person'' the following: ``or the pet of that person'';
                and
                    (B) in paragraph (2), by inserting after
                ``proximity to, another person'' the following ``or the
                pet of that person''; and
            (2) in subsection (b)(5), by inserting after ``in any other
        case,'' the following: ``including any case in which the
        offense is committed against a pet,''.
    (c) Restitution To Include Veterinary Services.--Section 2264 of
title 18, United States Code, is amended in subsection (b)(3)--
            (1) by redesignating subparagraph (F) as subparagraph (G);
            (2) in subparagraph (E), by striking ``and'' at the end;
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) veterinary services relating to physical care
                for the victim's pet; and''.
    (d) Pet Defined.--Section 2266 of title 18, United States Code, is
amended by inserting after paragraph (10) the following:
            ``(11) Pet.--The term `pet' means a domesticated animal,
        such as a dog, cat, bird, rodent, fish, turtle, horse, or other
        animal that is kept for pleasure rather than for commercial
        purposes.''.

SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE
              GRANT PROGRAM.

    (a) In General.--The Secretary of Agriculture (hereinafter in this
section referred to as the ``Secretary''), acting in consultation with
the Office of the Violence Against Women of the Department of Justice,
the Secretary of Housing and Urban Development, and the Secretary of
Health and Human Services, shall award grants under this section to
eligible entities to carry out programs to provide the assistance
described in subsection (c) with respect to victims of domestic
violence, dating violence, sexual assault, or stalking and the pets of
such victims.
    (b) Application.--
            (1) In general.--An eligible entity seeking a grant under
        this section shall submit an application to the Secretary at
        such time, in such manner, and containing such information as
        the Secretary may reasonably require, including--
                    (A) a description of the activities for which a
                grant under this section is sought;
                    (B) such assurances as the Secretary determines to
                be necessary to ensure compliance by the entity with
                the requirements of this section; and
                    (C) a certification that the entity, before
                engaging with any individual domestic violence victim,
                will disclose to the victim any mandatory duty of the
                entity to report instances of abuse and neglect
                (including instances of abuse and neglect of pets).
            (2) Additional requirements.--In addition to the
        requirements of paragraph (1), each application submitted by an
        eligible entity under that paragraph shall--
                    (A) not include proposals for any activities that
                may compromise the safety of a domestic violence
                victim, including--
                            (i) background checks of domestic violence
                        victims; or
                            (ii) clinical evaluations to determine the
                        eligibility of such a victim for support
                        services;
                    (B) not include proposals that would require
                mandatory services for victims or that a victim obtain
                a protective order in order to receive proposed
                services; and
                    (C) reflect the eligible entity's understanding of
                the dynamics of domestic violence, dating violence,
                sexual assault, or stalking.
            (3) Rules of construction.--Nothing in this subsection
        shall be construed to require--
                    (A) domestic violence victims to participate in the
                criminal justice system in order to receive services;
                or
                    (B) eligible entities receiving a grant under this
                section to breach client confidentiality.
    (c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
            (1) emergency and transitional shelter and housing
        assistance for domestic violence victims with pets, including
        assistance with respect to any construction or operating
        expenses of newly developed or existing emergency and
        transitional pet shelter and housing (regardless of whether
        such shelter and housing is co-located at a victim service
        provider or within the community);
            (2) short-term shelter and housing assistance for domestic
        violence victims with pets, including assistance with respect
        to expenses incurred for the temporary shelter, housing,
        boarding, or fostering of the pets of domestic violence victims
        and other expenses that are incidental to securing the safety
        of such a pet during the sheltering, housing, or relocation of
        such victims;
            (3) support services designed to enable a domestic violence
        victim who is fleeing a situation of domestic violence, dating
        violence, sexual assault, or stalking to--
                    (A) locate and secure--
                            (i) safe housing with the victim's pet; or
                            (ii) safe accommodations for the victim's
                        pet; or
                    (B) provide the victim with pet-related services,
                such as pet transportation, pet care services, and
                other assistance; or
            (4) for the training of relevant stakeholders on--
                    (A) the link between domestic violence, dating
                violence, sexual assault, or stalking and the abuse and
                neglect of pets;
                    (B) the needs of domestic violence victims;
                    (C) best practices for providing support services
                to such victims;
                    (D) best practices for providing such victims with
                referrals to victims' services; and
                    (E) the importance of confidentiality.
    (d) Grant Conditions.--An eligible entity that receives a grant
under this section shall, as a condition of such receipt, agree--
            (1) to be bound by the nondisclosure of confidential
        information requirements of section 40002(b)(2) of the Violence
        Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and
            (2) that the entity shall not condition the receipt of
        support, housing, or other benefits provided pursuant to this
        section on the participation of domestic violence victims in
        any or all of the support services offered to such victims
        through a program carried out by the entity using grant funds.
    (e) Duration of Assistance Provided to Victims.--
            (1) In general.--Subject to paragraph (2), assistance
        provided with respect to a pet of a domestic violence victim
        using grant funds awarded under this section shall be provided
        for a period of not more than 24 months.
            (2) Extension.--An eligible entity that receives a grant
        under this section may extend the 24-month period referred to
        in paragraph (1) for a period of not more than 6 months in the
        case of a domestic violence victim who--
                    (A) has made a good faith effort to acquire
                permanent housing for the victim's pet during that 24-
                month period; and
                    (B) has been unable to acquire such permanent
                housing within that period.
    (f) Report to the Secretary.--Not later than 1 year after the date
on which an eligible entity receives a grant under this section and
each year thereafter, the entity shall submit to the Secretary a report
that contains, with respect to assistance provided by the entity to
domestic violence victims with pets using grant funds received under
this section, information on--
            (1) the number of domestic violence victims with pets
        provided such assistance; and
            (2) the purpose, amount, type of, and duration of such
        assistance.
    (g) Report to Congress.--
            (1) Reporting requirement.--Not later than November 1 of
        each even-numbered fiscal year, the Secretary shall submit to
        the Committee on Agriculture of the House of Representatives
        and the Committee on Agriculture, Nutrition, and Forestry of
        the Senate a report that contains a compilation of the
        information contained in the reports submitted under subsection
        (f).
            (2) Availability of report.--The Secretary shall transmit a
        copy of the report submitted under paragraph (1) to--
                    (A) the Office on Violence Against Women of the
                Department of Justice;
                    (B) the Office of Community Planning and
                Development of the Department of Housing and Urban
                Development; and
                    (C) the Administration for Children and Families of
                the Department of Health and Human Services.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        carry out this section $3,000,000 for each of fiscal years 2017
        through 2021.
            (2) Limitation.--Of the amount made available under
        paragraph (1) in any fiscal year, not more than 5 percent may
        be used for evaluation, monitoring, salaries, and
        administrative expenses.
    (i) Definitions.--In this section:
            (1) Domestic violence victim defined.--The term ``domestic
        violence victim'' means a victim of domestic violence, dating
        violence, sexual assault, or stalking.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of local government;
                    (C) an Indian tribe; or
                    (D) any other organization that has a documented
                history of effective work concerning domestic violence,
                dating violence, sexual assault, or stalking (as
                determined by the Secretary), including--
                            (i) a domestic violence and sexual assault
                        victim service provider;
                            (ii) a domestic violence and sexual assault
                        coalition;
                            (iii) a community-based and culturally
                        specific organization;
                            (iv) any other nonprofit, nongovernmental
                        organization; and
                            (v) any organization that works directly
                        with pets and collaborates with any
                        organization referred to in clauses (i) through
                        (iv), including--
                                    (I) an animal shelter; and
                                    (II) an animal welfare
                                organization.
            (3) Pet.--The term ``pet'' means a domesticated animal,
        such as a dog, cat, bird, rodent, fish, turtle, horse, or other
        animal that is kept for pleasure rather than for commercial
        purposes.
            (4) Other terms.--Except as otherwise provided in this
        subsection, terms used in this section shall have the meaning
        given such terms in section 40002(a) of the Violence Against
        Women Act of 1994 (42 U.S.C. 13925(a)).

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that States should encourage the
inclusion of protections against violent or threatening acts against
the pet of a person in domestic violence protection orders.

Output: Pet and Women Safety Act of 2017  This bill amends the federal criminal code to broaden the definition of stalking to include conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet.  Additionally, an interstate violation of a protection order includes interstate travel with the intent to violate a protection order against a pet that is included within the scope of the protection order. The bill specifies the applicable criminal penalty—a prison term of up to five years, a fine, or both—for a person who commits an interstate violation of a protection order against a pet.  With respect to a defendant who commits a domestic violence offense or an interstate violation of a protection order, mandatory restitution in the "full amount of victim's losses" includes costs incurred for veterinary services related to the pet. The bill directs the Department of Agriculture to award grants for shelter and housing assistance and support services for domestic violence victims with pets. Finally, it expresses the sense of Congress that states should include, in domestic violence protection orders, protections against violence or threats against a person's pet.