Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Plan Colombia Trade Act''.

SEC. 2. TEMPORARY EXTENSION OF ADDITIONAL TRADE BENEFITS TO CERTAIN
              ANDEAN COUNTRIES.

    (a) In General.--Section 204(b) of the Andean Trade Preference Act
(19 U.S.C. 3203(b)) is amended to read as follows:
    ``(b) Exceptions to Duty-Free Treatment.--
            ``(1) In General.--Subject to paragraphs (2), the duty-free
        treatment provided under this title shall not apply to--
                  ``(A) textile and apparel articles which are subject
                to textile agreements;
                  ``(B) footwear not designated at the time of the
                effective date of this Act as eligible for the purpose
                of the generalized system of preferences under title V
                of the Trade Act of 1974;
                  ``(C) tuna, prepared or preserved in any manner, in
                airtight containers;
                  ``(D) petroleum, or any product derived from
                petroleum, provided for in headings 2709 and 2710 of
                the HTS;
                  ``(E) watches and watch parts (including cases,
                bracelets and straps), of whatever type including, but
                not limited to, mechanical, quartz digital or quartz
                analog, if such watches or watch parts contain any
                material which is the product of any country with
                respect to which HTS column 2 rates of duty apply;
                  ``(F) articles to which reduced rates of duty apply
                under subsection (c);
                  ``(G) sugars, syrups, and molasses classified in
                subheadings 1701.11.03, 1701.12.02, 1701.99.02,
                1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or
                  ``(H) rum and tafia classified in subheading
                2208.40.00 of the HTS.
            ``(2) Transition period treatment of certain textile and
        apparel articles.--
                    ``(A) Articles covered.--During the transition
                period, the preferential treatment described in
                subparagraph (B) shall apply to the following articles:
                            ``(i) Apparel articles assembled in one or
                        more beneficiary countries.--Apparel articles
                        assembled in one or more beneficiary countries
                        from fabrics wholly formed and cut in the
                        United States, from yarns wholly formed in the
                        United States, that are--
                                    ``(I) entered under subheading
                                9802.00.80 of the HTS; or
                                    ``(II) entered under chapter 61 or
                                62 of the HTS, if, after such assembly,
                                the articles would have qualified for
                                entry under subheading 9802.00.80 of
                                the HTS but for the fact that the
                                articles were embroidered or subjected
                                to stone-washing, enzyme-washing, acid
                                washing, perma-pressing, oven-baking,
                                bleaching, garment-dyeing, screen
                                printing, or other similar processes.
                            ``(ii) Apparel articles cut and assembled
                        in one or more beneficiary countries.--Apparel
                        articles cut in one or more beneficiary
                        countries from fabric wholly formed in the
                        United States from yarns wholly formed in the
                        United States, if such articles are assembled
                        in one or more such countries with thread
                        formed in the United States.
                            ``(iii) Special rules.--
                                    ``(I) Exception for findings and
                                trimmings.--(aa) An article otherwise
                                eligible for preferential treatment
                                under this paragraph shall not be
                                ineligible for such treatment because
                                the article contains findings or
                                trimmings of foreign origin, if such
                                findings and trimmings do not exceed 25
                                percent of the cost of the components
                                of the assembled product. Examples of
                                findings and trimmings are sewing
                                thread, hooks and eyes, snaps, buttons,
                                `bow buds', decorative lace, trim,
                                elastic strips, zippers, including
                                zipper tapes and labels, and other
                                similar products. Elastic strips are
                                considered findings or trimmings only
                                if they are each less than 1 inch in
                                width and are used in the production of
                                brassieres.
                                    ``(bb) In the case of an article
                                described in clause (ii) of this
                                subparagraph, sewing thread shall not
                                be treated as findings or trimmings
                                under this subclause.
                                    ``(II) Certain interlining.--(aa)
                                An article otherwise eligible for
                                preferential treatment under this
                                paragraph shall not be ineligible
for such treatment because the article contains certain interlinings of
foreign origin, if the value of such interlinings (and any findings and
trimmings) does not exceed 25 percent of the cost of the components of
the assembled article.
                                    ``(bb) Interlinings eligible for
                                the treatment described in division
                                (aa) include only a chest type plate,
                                `hymo' piece, or `sleeve header', of
                                woven or weft-inserted warp knit
                                construction and of coarse animal hair
                                or man-made filaments.
                                    ``(cc) The treatment described in
                                this subclause shall terminate if the
                                President makes a determination that
                                United States manufacturers are
                                producing such interlinings in the
                                United States in commercial quantities.
                                    ``(III) De minimis rule.--An
                                article that would otherwise be
                                ineligible for preferential treatment
                                under this paragraph because the
                                article contains fibers or yarns not
                                wholly formed in the United States or
                                in one or more beneficiary countries
                                shall not be ineligible for such
                                treatment if the total weight of all
                                such fibers or yarns is not more than 7
                                percent of the total weight of the
                                good. Notwithstanding the preceding
                                sentence, an apparel article containing
                                elastomeric yarns shall be eligible for
                                preferential treatment under this
                                paragraph only if such yarns are wholly
                                formed in the United States.
                                    ``(IV) Special origin rule.--An
                                article otherwise eligible for
                                preferential treatment under clause (i)
                                or (ii) of this subparagraph shall not
                                be ineligible for such treatment
                                because the article contains nylon
                                filament yarn (other than elastomeric
                                yarn) that is classifiable under
                                subheading 5402.10.30, 5402.10.60,
                                5402.31.30, 5402.31.60, 5402.32.30,
                                5402.32.60, 5402.41.10, 5402.41.90,
                                5402.51.00, or 5402.61.00 of the HTS
                                duty-free from a country that is a
                                party to an agreement with the United
                                States establishing a free trade area,
                                which entered into force before January
                                1, 1995.
                            ``(iv) Special rule for fabrics not formed
                        from yarns.--
                                    ``(I) Application to clause (i).--
                                An article otherwise eligible for
                                preferential treatment under clause (i)
                                of this subparagraph shall not be
                                ineligible for such treatment because
                                the article is assembled in one or more
                                beneficiary countries from fabrics not
                                formed from yarns, if such fabrics are
                                classifiable under heading 5602 or 5603
                                of the HTS and are wholly formed and
                                cut in the United States.
                                    ``(II) Application to clause
                                (ii).--An article otherwise eligible
                                for preferential treatment under clause
                                (ii) of this subparagraph shall not be
                                ineligible for such treatment because
                                the article is assembled in one or more
                                beneficiary countries from fabrics not
                                formed from yarns, if such fabrics are
                                classifiable under heading 5602 or 5603
                                of the HTS and are wholly formed in the
                                United States.
                    ``(B) Preferential treatment.--During the
                transition period, the articles to which this paragraph
                applies shall enter the United States free of duty and
                free of any quantitative restrictions, limitations, or
                consultation levels.
                    ``(C) Transition period.--In this paragraph, the
                term `transition period' means, with respect to a
                beneficiary country, the period that begins on the date
                of enactment of the Plan Colombia Trade Act or October
                1, 2000, whichever is later, and ends on the date that
                duty-free treatment ends under this title.''.
    (b) Factors Affecting Designation.--
            (1) In general.--Section 203(d) of the Andean Trade
        Preference Act (19 U.S.C. 3202(d)) is amended--
                    (A) by striking ``and'' at the end of paragraph
                (11);
                    (B) by striking the period at the end of paragraph
                (12) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) the extent to which such country adheres to
        democratic principles and the rule of law.''.
            (2) Effective date.--The amendments made by this subsection
        take effect on the earlier of--
                    (A) October 1, 2000; or
                    (B) the date of enactment of the Plan Colombia
                Trade Act.

Output: Requires the President, in determining whether to designate a country a beneficiary country, to take into account, among other things, the extent to which such country adheres to democratic principles and the rule of law.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Finance Innovation
Demonstration Act of 2010''.

SEC. 2. VEHICLE MILEAGE TAX FOR MOBILE MOUNTED CONCRETE BOOM PUMPS.

    (a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter D the following new subchapter:

                  ``Subchapter E--Vehicle Mileage Tax

``Sec. 4491. Imposition of tax.
``Sec. 4492. Mobile mounted concrete boom pump vehicle defined.
``Sec. 4493. Method of collecting tax.

``SEC. 4491. IMPOSITION OF TAX.

    ``(a) Imposition of Tax.--There is hereby imposed on each mobile
mounted concrete boom pump vehicle a tax determined at the applicable
rate per mile for each mile traveled in the United States.
    ``(b) Applicable Rate.--For purposes of subsection (a), the
applicable rate shall be--
            ``(1) $0.05 per mile for a mobile mounted concrete boom
        pump vehicle with a gross vehicle weight which does not exceed
        60,000 pounds, and
            ``(2) $0.07 per mile for a mobile mounted concrete boom
        pump vehicle with a gross vehicle weight which exceeds 60,000
        pounds.
    ``(c) By Whom Paid.--The tax imposed by subsection (a) shall be
paid by the owner of the mobile mounted concrete boom pump vehicle.
    ``(d) Credit Against Tax.--At the election of the taxpayer, there
shall be allowed as a credit against the tax imposed by subsection (a)
for any taxable period the amount of tax imposed with respect to such
vehicle under sections 4053, 4081, and 4481 for such period. The credit
allowed under the preceding sentence with respect to a quantity of
liquid shall be in lieu of a payment under section 6427 with respect to
such quantity.
    ``(e) Special Rules for Determining Mileage.--In determining
mileage for purposes of this section, the Secretary shall work in close
coordination with the Secretary of Transportation to develop a system
for administration and compliance with this section. Such system
shall--
            ``(1) work in tandem with the engine control modules of the
        affected vehicles,
            ``(2) minimize the administrative burdens on pump owners
        and operators,
            ``(3) minimize the administrative burden on the Department
        of Transportation,
            ``(4) integrate with State and local transportation revenue
        mechanisms (including demand management systems),
            ``(5) protect the privacy of participating companies and
        employees, and
            ``(6) allow third party administrators to manage data
        collection and refund payments to operators.
There is authorized to be appropriated not more than $5,000,000 for
costs associated with developing and implementing such system,
including for making grants to private companies where appropriate to
develop and deploy on-board technologies to track and report road miles
traveled.

``SEC. 4492. MOBILE MOUNTED CONCRETE BOOM PUMP VEHICLE DEFINED.

    ``For purposes of this subchapter, the term `mobile mounted
concrete boom pump vehicle' means a vehicle--
            ``(1) which is mobile machinery (as defined in section
        4053(8)), and
            ``(2) on which the mounted machinery consists of a concrete
        boom pump and related subordinate parts.

``SEC. 4493. METHOD OF COLLECTING TAX.

    ``(a) Collection by Return.--The taxes imposed by section 4491
shall be collected on the basis of a return for a calendar quarter. The
Secretary shall, by regulation, prescribe the time for filing such
return, the information to be shown in such return, and the time for
payment of such tax.
    ``(b) Payment Due Date.--Except as otherwise provided in this
subsection, the last day for payment of such tax shall be the 14th day
after the last day of the calendar quarter for which the return is
filed under subsection (a).
    ``(c) Calendar Quarter.--For purposes of this section, the term
`calendar quarter' means the three-month period ending on March 31,
June 30, September 30, or December 31.''.
    (b) Highway Mileage Limitation Not Applicable.--Subparagraph (C) of
section 6421(e)(2) of such Code is amended by adding at the end the
following new clause:
                            ``(v) Exception to use requirement for
                        mobile mounted concrete boom pump vehicle.--In
                        the case of a mobile mounted concrete boom pump
                        vehicle (as defined in section 4492), clause
                        (ii) shall be applied without regard to
                        subclause (II) (relating to the use-based
                        test).''.
    (c) Nontaxable Use.--Subsection (b) of section 4082 of such Code
(defining nontaxable use) is amended by inserting ``(other than a use
by a vehicle described in clause (v) thereof'' after ``section
6421(e)(2)(C)''.
    (d) Deposit Into Highway Trust Fund.--Paragraph (1) of section
9503(b) of such Code (relating to transfer to Highway Trust Fund of
amounts equivalent to certain taxes and penalties) is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after paragraph (E) the following new subparagraph:
                    ``(F) section 4491 (relating to vehicle mileage
                tax).''.
    (e) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:

                 ``subchapter e. vehicle mileage tax''.

    (f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.

Output: Transportation Finance Innovation Demonstration Act of 2010 - Amends the Internal Revenue Code to impose a vehicle mileage tax on mobile mounted concrete boom pump vehicles. Defines "mobile mounted concrete boom pump vehicle" as a vehicle which is mobile machinery and on which the mounted machinery consists of a concrete boom pump and related subordinate parts.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.

SEC. 2. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
            ``(26) Treatment works.--The term `treatment works' has the
        meaning given the term in section 212.''.

SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
              OVERFLOWS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
    ``(s) Sewer Overflow Monitoring, Reporting, and Notifications.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Sanitary sewer overflow.--
                            ``(i) In general.--The term `sanitary sewer
                        overflow' means an overflow, spill, release, or
                        diversion of wastewater from a sanitary sewer
                        system.
                            ``(ii) Inclusions.--The term `sanitary
                        sewer overflow' includes--
                                    ``(I) overflows or releases of
                                wastewater that reach waters of the
                                United States;
                                    ``(II) overflows or releases of
                                wastewater in the United States that do
                                not reach waters of the United States;
                                and
                                    ``(III) wastewater backups into
                                buildings that are caused by blockages
                                or flow conditions in a sanitary sewer
                                other than a building lateral.
                            ``(iii) Exclusions.--The term `sanitary
                        sewer overflow' does not include--
                                    ``(I) municipal combined sewer
                                overflows or other discharges from the
                                combined portion of a municipal
                                combined storm and sanitary sewer
                                system; or
                                    ``(II) wastewater backups into
                                buildings caused by a blockage or other
                                malfunction of a building lateral that
                                is privately owned.
                    ``(B) Sewer overflow.--The term `sewer overflow'
                means a sanitary sewer overflow or a municipal combined
                sewer overflow.
                    ``(C) Single-family residence.--
                            ``(i) In general.--The term `single-family
                        residence' means an individual dwelling unit.
                            ``(ii) Inclusions.--The term `single-family
                        residence' includes--
                                    ``(I) an apartment;
                                    ``(II) a condominium;
                                    ``(III) a house; and
                                    ``(IV) a dormitory.
                            ``(iii) Exclusions.--The term `single-
                        family residence' does not include the common
                        areas of a multidwelling structure.
            ``(2) General requirements.--After the last day of the 180-
        day period beginning on the date on which regulations are
        promulgated under paragraph (5), a permit issued, renewed, or
        modified under this section by the Administrator or the State,
        as the case may be, for a publicly owned treatment works shall
        require, at a minimum, beginning on the date of the issuance,
        modification, or renewal, that the owner or operator of the
        treatment works--
                    ``(A) institute and utilize a feasible methodology,
                technology, or management program for monitoring sewer
                overflows to alert the owner or operator to the
                occurrence of a sewer overflow in a timely manner;
                    ``(B) in the case of a sewer overflow that has the
                potential to affect human health, notify the public of
                the overflow as soon as practicable but not later than
                24 hours after the time the owner or operator knows of
                the overflow;
                    ``(C) in the case of a sewer overflow that may
                imminently and substantially endanger human health,
                notify public health authorities and other affected
                entities, such as public water systems, of the overflow
                immediately after the owner or operator knows of the
                overflow;
                    ``(D) report each sewer overflow on the discharge
                monitoring report of the owner or operator to the
                Administrator or the State, as the case may be, by
                describing--
                            ``(i) the magnitude, duration, and
                        suspected cause of the overflow;
                            ``(ii) the steps taken or planned to
                        reduce, eliminate, or prevent recurrence of the
                        overflow; and
                            ``(iii) the steps taken or planned to
                        mitigate the impact of the overflow; and
                    ``(E) annually report to the Administrator or the
                State, as the case may be, the total number of sewer
                overflows in a calendar year, including--
                            ``(i) the details of how much wastewater
                        was released per incident;
                            ``(ii) the duration of each sewer overflow;
                            ``(iii) the location of the overflow and
                        any potentially affected receiving waters;
                            ``(iv) the responses taken to clean up the
                        overflow; and
                            ``(v) the actions taken to mitigate impacts
                        and avoid further sewer overflows at the site.
            ``(3) Exceptions.--
                    ``(A) Notification requirements.--The notification
                requirements of subparagraphs (B) and (C) of paragraph
                (2) shall not apply to a sewer overflow that is a
                wastewater backup into a single-family residence.
                    ``(B) Reporting requirements.--The reporting
                requirements of subparagraphs (D) and (E) of paragraph
                (2) shall not apply to a sewer overflow that is a
                release of wastewater that occurs in the course of
                maintenance of the treatment works, is managed
                consistently with the treatment works' best management
                practices, and is intended to prevent sewer overflows.
            ``(4) Report to epa.--Each State shall provide to the
        Administrator annually a summary of sewer overflows that
        occurred in the State.
            ``(5) Rulemaking by epa.--Not later than 1 year after the
        date of enactment of this subsection, the Administrator, after
        providing notice and an opportunity for public comment, shall
        promulgate regulations to implement this subsection, including
        regulations--
                    ``(A) to establish a set of criteria to guide the
                owner or operator of a publicly owned treatment works
                in--
                            ``(i) assessing whether a sewer overflow
                        may imminently and substantially endanger human
                        health; and
                            ``(ii) developing communication measures
                        that are sufficient to give notice under
                        subparagraphs (B) and (C) of paragraph (2); and
                    ``(B) to define the terms `feasible' and `timely'
                as those terms apply to paragraph (2)(A), including
                site specific conditions.
            ``(6) Approval of state notification programs.--
                    ``(A) Requests for approval.--
                            ``(i) In general.--After the date of
                        promulgation of regulations under paragraph
                        (5), a State may submit to the Administrator
                        evidence that the State has in place a legally
                        enforceable notification program that is
                        substantially equivalent to the requirements of
                        subparagraphs (B) and (C) of paragraph (2).
                            ``(ii) Program review and authorization.--
                        If the evidence submitted by a State under
                        clause (i) shows the notification program of
                        the State to be substantially equivalent to the
                        requirements of subparagraphs (B) and (C) of
                        paragraph (2), the Administrator shall
                        authorize the State to carry out that program
                        instead of those requirements.
                            ``(iii) Factors for determining substantial
                        equivalency.--In carrying out a review of a
                        State notification program under clause (ii),
                        the Administrator shall take into account--
                                    ``(I) the scope of sewer overflows
                                for which notification is required;
                                    ``(II) the length of time during
                                which notification must be made;
                                    ``(III) the scope of persons that
                                must be notified of sewer overflows;
                                    ``(IV) the scope of enforcement
                                activities ensuring that notifications
                                of sewer overflows are made; and
                                    ``(V) such other factors as the
                                Administrator considers to be
                                appropriate.
                    ``(B) Review period.--If a State submits evidence
                with respect to a notification program under
                subparagraph (A)(i) on or before the last day of the
                30-day period beginning on the date of promulgation of
                regulations under paragraph (5), the requirements of
                subparagraphs (B) and (C) of paragraph (2) shall not
                begin to apply to a publicly owned treatment works
                located in the State until the date on which the
                Administrator completes a review of the notification
                program under subparagraph (A)(ii).
                    ``(C) Withdrawal of authorization.--If the
                Administrator, after conducting a public hearing,
                determines that a State is not administering and
                enforcing a State notification program authorized under
                subparagraph (A)(ii) in accordance with the
                requirements of this paragraph, the Administrator shall
                so notify the State and, if appropriate corrective
                action is not taken within a reasonable time, not to
                exceed 90 days, the Administrator shall withdraw
                authorization of such program and enforce the
                requirements of subparagraphs (B) and (C) of paragraph
                (2) with respect to the State.
            ``(7) Special rules concerning application of notification
        requirements.--After the last day of the 30-day period
        beginning on the date of promulgation of regulations under
        paragraph (5), the requirements of subparagraphs (B) and (C) of
        paragraph (2) shall--
                    ``(A) apply to the owner or operator of a publicly
                owned treatment works and be subject to enforcement
                under section 309; and
                    ``(B) supersede any notification requirements
                contained in a permit issued under this section for the
                treatment works to the extent that the notification
                requirements are less stringent than the notification
                requirements of subparagraphs (B) and (C) of paragraph
                (2), until such date as a permit is issued, renewed, or
                modified under this section for the treatment works in
                accordance with paragraph (2).''.

SEC. 4. ELIGIBILITY FOR ASSISTANCE.

    (a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
            (1) by striking ``and'' the first place it appears; and
            (2) by inserting after ``section 320'' the following: ``,
        and (4) for the implementation of requirements to monitor for
        sewer overflows under section 402''.
    (b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
            (1) by striking ``and'' the first place it appears; and
            (2) by inserting after ``section 320 of this Act'' the
        following: ``, and (4) for the implementation of requirements
        to monitor for sewer overflows under section 402''.

SEC. 5. EFFECT OF ACT.

    Nothing in this Act or an amendment made by this Act--
            (1) limits the ability of any State to implement or enforce
        a more stringent monitoring or notification standard than the
        applicable standard under the Federal Water Pollution Control
        Act (33 U.S.C. 1251 et seq.); or
            (2) authorizes any sewer overflow, or supplants or
        diminishes any obligation to comply with any other requirement
        under this chapter or any other Federal or State law.

Output:
Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public within 24 hours after receiving knowledge of such an overflow in an area where human health is potentially affected; (3) notify public health authorities and other affected entities immediately after receiving knowledge of an overflow that may imminently and substantially endanger human health; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year.

Makes specified exceptions to notification and reporting requirements, respectively, for backups into single-family residences and overflows that occur in the course of treatment works maintenance.

Requires annual summary reports by states to the Administrator.

Defines "sanitary sewer overflow" to mean an overflow, spill, release, or diversion of wastewater from a sanitary sewer system: (1) including wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral; and (2) excluding municipal combined sewer overflows or other discharges from the combined portion of a municipal combined storm and sanitary sewer system and wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned.

Defines "sewer overflow" to mean a sanitary sewer overflow or a municipal combined sewer overflow.

Requires the Administrator to promulgate regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval of state notification programs after issuance of such regulations.

Makes the monitoring systems eligible for state water pollution control revolving fund assistance.

Provides that this Act does not limit a state's ability to implement or enforce a more stringent monitoring or notification standard than the applicable standard under the Clean Water Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ATM Public Safety and Crime Control
Act''.

SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS.

    (a) Banks and Savings Associations.--Section 3 of the Bank
Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end
the following new subsection:
    ``(c) Enhanced Surveillance Requirements.--With respect to each
surveillance camera which a depository institution is required to
maintain under the regulations prescribed under subsection (a), each
Federal supervisory agency shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540C(c) of title 28, United States
Code, regulations which require the depository institution to--
            ``(1) provide lighting and a surveillance camera of
        sufficient quality to produce surveillance pictures which can
        be used effectively as evidence in a criminal prosecution of
        illegal activities at the location monitored by the camera; and
            ``(2) operate such camera in a manner which does not
        compromise the quality of the surveillance pictures.''.
    (b) Credit Unions.--Section 205(e) of the Federal Credit Union Act
(12 U.S.C. 1785(e)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2), the following new
        paragraph:
            ``(3) Enhanced surveillance requirements.--With respect to
        each surveillance camera which an insured credit union is
        required to maintain under the regulations prescribed under
        paragraph (1), the Board shall prescribe, on the basis of
        recommendations made by the Director of the Federal Bureau of
        Investigation pursuant to section 540C(c) of title 28, United
        States Code, regulations which require the credit union to--
                    ``(A) provide lighting and a surveillance camera of
                sufficient quality to produce surveillance pictures
                which can be used effectively as evidence in a criminal
                prosecution of illegal activities at the location
                monitored by the camera; and
                    ``(B) operate such camera in a manner which does
                not compromise the quality of the surveillance
                pictures.''.

SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI.

    (a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540C. Technical recommendations on surveillance equipment
    ``(a) Review of Crime Prevention Standards and Procedures.--In
order to reduce the incidence of crimes under section 2113 of title 18,
other violations of such title, and other criminal activity on the
property of or in the vicinity of financial institutions (as defined in
section 20 of such title) and to facilitate more effective prosecutions
of such crimes, the Director of the Federal Bureau of Investigation
shall periodically review the standards and procedures applicable with
respect to security requirements established under section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.
    ``(b) Consultation With Attorney General.--In conducting any review
under subsection (a), the Director of the Federal Bureau of
Investigation shall consult with the Attorney General to ascertain the
extent to which inadequate security measures, or improperly maintained
security equipment, at financial institutions has hindered effective
prosecutions under section 2113 of title 18, United States Code, or
other criminal provisions.
    ``(c) Recommendations.--Before the end of the 6-month period
beginning on the date of the enactment of the ATM Public Safety and
Crime Control Act and at such times after such date as the Director of
the Federal Bureau of Investigation may determine to be appropriate,
the Director shall make technical recommendations to the Federal
banking agencies (as defined in section 3 of the Federal Deposit
Insurance Act) and the National Credit Union Administration Board on
standards and procedures for meeting the purposes of section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.''.
    (b) Report to Judiciary Committees.--The Director of the Federal
Bureau of Investigation shall submit a copy of any recommendations made
in accordance with section 540C(c) of title 28, United States Code, to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate at the same time such
recommendations are transmitted to the Federal banking agencies and the
National Credit Union Administration Board in accordance with such
section.
    (c) Clerical Amendment.--The table of sections for chapter 33 of
title 28, United States Code, is amended by inserting after the item
relating to section 540B the following new item:

``540C. Technical recommendations on surveillance equipment.''.

SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.

    (a) Timetable for Regulations.--The Federal banking agencies and
the National Credit Union Administration Board shall prescribe final
regulations pursuant to section 3(c) of the Bank Protection Act of 1968
and section 205(c)(3) of the Federal Credit Union Act, respectively,
before the end of the 6-month period beginning on the date the
technical recommendations of the Director of the Federal Bureau of
Investigation are received by such agencies in accordance with section
540C(c) of title 28, United States Code.
    (b) Effective Date of Regulations.--The regulations referred to in
subsection (a) shall require depository institutions and credit unions
to achieve compliance with such regulations by the end of the 6-month
period beginning on the date the final regulations are published in the
Federal Register.

SEC. 5. AMENDMENTS TO DEFINITIONS.

    Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is
amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``The following definitions shall apply for purposes of this Act:
            ``(1) Depository institution.--The term `depository
        institution' has the meaning given to such term in section 3(c)
        of the Federal Deposit Insurance Act.
            ``(2) Federal supervisory agency.--The term `Federal
        supervisory agency' has the meaning given to the term
        `appropriate Federal banking agency' in section 3 of the
        Federal Deposit Insurance Act.''.

Output: ATM Public Safety and Crime Control Act - Amends the Bank Protection Act of 1968 and the Federal Credit Union Act to direct each Federal banking supervisory agency and the National Credit Union Administration Board (NCUAB), respectively, to require a depository institution to: (1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and (2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.Amends the Federal Judicial Code to instruct the Director of the Federal Bureau of Investigation to: (1) periodically review the standards and procedures applicable to such surveillance and security requirements; and (2) make technical recommendations to the Federal banking agencies and the NCUAB on standards and procedures to implement this Act.Sets forth a timetable for the Federal banking agencies and the NCUAB to prescribe final regulations that require depository institutions and credit unions to achieve compliance with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Funds Transfer Federal
Salary Act''.

SEC. 2. SAFE, ECONOMICAL, EFFECTIVE PAYROLL ADMINISTRATION.

    (a) In General.--Section 3332 of title 31, United States Code, is
amended by striking subsections (a), (b), (c), (d), and (e) and
inserting the following new subsections:
    ``(a) Financial Organization Defined.--For purposes of this
section, the term `financial organization' means a depository
institution (as defined in section 3(c) of the Federal Deposit
Insurance Act), a Federal or State credit union (as defined in section
101 of the Federal Credit Union Act), or a similar institution.
    ``(b) Electronic Funds Transfers of Payments of Employee Pay.--
            ``(1) Secretary authorized to require electronic
        transfers.--Notwithstanding any other provision of law, the
        Secretary of the Treasury (hereafter in this section referred
        to as the `Secretary) may prescribe regulations requiring the
        pay of any employee of any agency to be paid by electronic
        funds transfer or any other method determined by the Secretary
        to be in the interest of economy or effectiveness if the
        Secretary--
                    ``(A) determines that such requirement is
                practicable; and
                    ``(B) establishes and maintains sufficient
                safeguards over the control of, and accounting for,
                public funds in connection with any such transfer.
            ``(2) Designation of financial organization recipient.--Any
        regulation prescribed under paragraph (1) shall require any
        employee whose pay is subject to such regulation to designate
        the financial organization to receive the payments of such pay.
            ``(3) Report of designation.--Any certification which is
        made by the head of an agency with respect to the payment of
        employee pay of an employee whose pay is subject to regulations
        prescribed under paragraph (1) shall contain such information
        about the financial organization designated by the employee
        under paragraph (2) as the Secretary may require.
            ``(4) Transfer fees prohibited.--
                    ``(A) Secretary.--The Secretary may not charge any
                financial organization any fee in connection with any
                payment made in accordance with this section.
                    ``(B) Financial organization.--No financial
                organization may charge any employee of an agency for
                handling payments by the Secretary to the employee in a
                manner authorized by the Secretary pursuant to this
                subsection.
            ``(5) Exemption at request of employee.--The Secretary may,
        at the request of any employee who was employed by the United
        States Government on the date of the enactment of the
        Electronic Funds Transfer Federal Salary Act and whose annual
        rate of basic pay is less than $20,000, exempt such employee
        from the requirements of this section.
            ``(6) National security exceptions.--
                    ``(A) In general.--No provision of this section
                shall be construed as impairing or affecting any
                provision of section 102(d)(3) of the National Security
                Act of 1947 or section 6 of the Central Intelligence
                Agency Act of 1949.
                    ``(B) Exemption of cia authorized.--The Director of
                the Central Intelligence Agency, or a designee of the
                Director, may exempt the Central Intelligence Agency
                and any employee of such agency from regulations issued
                pursuant to paragraph (1) and the requirements of
                paragraph (3) if the Director or designee determines
                that compliance with such regulations and requirements
                would risk disclosure of intelligence sources and
                methods or compromise the security of foreign
                intelligence or counterintelligence activities.
    ``(c) Effect of Payment.--The acceptance by a financial
organization of a payment of an amount by the United States in any
manner authorized by the Secretary pursuant to subsection (b) or (d)
shall constitute full acquittance of the United States for such amount.
    ``(d) Payment of Other Amounts by Electronic Fund Transfers.--The
payment by the United States of any amount due any person for any
purpose (other than pay payable to an employee of an agency) may be
made in any manner authorized by the Secretary pursuant to this section
upon receipt by the Secretary of a written request of such person for
payment in such manner.''.
    (b) Technical and Conforming Amendments.--Section 3332 of title 31,
United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (e); and
            (2) by striking ``The'' in the 1st sentence of subsection
        (e) (as so redesignated) and inserting ``Notwithstanding
        subsection (b)(1), the''.

Output: Electronic Funds Transfer Federal Salary Act - Amends Federal law to authorize the Secretary of the Treasury to prescribe regulations requiring Federal employees to be paid via direct deposit or any other economical and effective method provided there are sufficient safeguards.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Excellence Through Education
Act of 2013''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS TO MINORITY SERVING
              INSTITUTIONS TO ADDRESS SOCIAL AND ACADEMIC PROBLEMS
              FACING VETERANS.

    (a) In General.--The Secretary of Veterans Affairs may make grants
to minority serving institutions for the purpose of establishing
verified delivery systems to address social and academic problems
facing veterans enrolled at such institutions.
    (b) Use of Funds.--The recipient of a grant under this section
shall use the grant funds to carry out any of the following activities
for veterans enrolled at the institution receiving the grant:
            (1) Providing education services, including post-secondary
        education, courses in English as a second language, general
        education development preparation, financial literacy workshops
        and courses, generational diversity awareness programs, and
        health and wellness programs.
            (2) Activities designed to increase access to workforce
        services, including on-job training, internships, skills
        training, job placement, and personal development.
            (3) Other types of support services, including health and
        nutrition services, housing assistance, transportation, and
        child care.
            (4) Establishing a center for veteran student success on
        the campus of the institution to provide a single point of
        contact to coordinate comprehensive support services for
        veterans who are enrolled in a program of education offered by
        the institution.
            (5) Establishing a veteran support team, including
        representatives from the offices of the institution responsible
        for admissions, registration, financial aid, veterans benefits,
        academic advising, student health, personal or mental health
        counseling, career advising, and disabilities services, and any
        other office of the institution that provides support to
        veteran students on campus.
            (6) Providing a coordinator whose primary responsibility is
        to coordinate the activities carried out under the grant.
            (7) Monitoring the rates of enrollment, persistence, and
        completion of veterans who are enrolled in a program of
        education offered by the institution.
            (8) Developing a plan to sustain a center described in
        paragraph (4) after the institution no longer receives funds
        under this section.
            (9) Providing outreach to veterans to encourage them to
        enroll in a program of education offered by the institution.
            (10) Providing supportive instructional services for
        veterans enrolled in a program of education offered by the
        institution, including--
                    (A) personal, academic, and career counseling;
                    (B) tutoring and academic skill-building
                assistance; and
                    (C) assistance with special admissions and
                transferring credits from previously attended
                institutions of higher learning or other relevant
                credits.
            (11) Providing assistance to veterans admitted for
        enrollment in a program of education offered by the institution
        in obtaining student financial aid.
            (12) Providing housing support for veterans enrolled in a
        program of education offered by the institution who live in
        institutional facilities or who commute.
            (13) Academic programs, orientation programs, and other
        activities designed to ease the transition to campus life for
        such veterans.
            (14) Support for veteran student organizations and veteran
        student support groups at the institution.
            (15) Coordination of academic advising and admissions
        counseling with military installations and national guard units
        located in the same geographic area as the institution.
            (16) Other support services the institution determines
        necessary to ensure the success of veterans enrolled in a
        program of education offered by the institution in achieving
        educational and career goals.
    (c) Eligibility.--To be eligible to receive a grant under this
section, a minority serving institution shall submit to the Secretary
an application containing a program plan containing a strategy for
meeting the needs of veterans enrolled in the institution. Such a plan
shall include--
            (1) an identification of the population to be served;
            (2) an identification of the education and employment needs
        of the population to be served and the manner in which the
        activities proposed to be provided using grant funds are
        designed to strengthen the ability of such individuals to
        achieve their higher education goals;
            (3) a description of the activities proposed to be provided
        using grant funds and the manner in which such activities would
        be integrated with other appropriate activities carried out by
        or at the institution; and
            (4) a description, developed in consultation with the
        Secretary, of the performance measures proposed to be used to
        assess the performance of the institution in carrying out
        activities using grant funds.
    (d) Definitions.--In this section:
            (1) The term ``minority serving institution'' means a
        historically Black college or university, a Hispanic-serving
        institution, a Tribal College or University, or a Predominantly
        Black Institution.
            (2) The term ``historically Black college'' has the meaning
        given the term ``part B institution'' as defined in section
        322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
            (3) The term ``Hispanic-serving institution'' has the
        meaning given that term in as section 502(a)(5) of such Act (20
        U.S.C. 1101a(a)(5)).
            (4) The term ``Tribal College or University'' has the
        meaning given that term in section 316(b)(3) of such Act (20
        U.S.C. 1059c(b)(3)).
            (5) The term ``Predominantly Black Institution'' has the
        meaning given that term in section Predominantly Black
        Institution has the meaning given that term in section
        318(b)(6)of such Act (20 U.S.C. 1059e(b)(6)).
    (e) Termination.--The Secretary may only make a grant under this
section during fiscal years 2014 through 2019.

Output: Veteran Excellence Through Education Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to make grants, during FY2014-FY2019, to minority-serving institutions for establishing verified delivery systems to address social and academic problems facing enrolled veterans. Includes among authorized grant activities: (1) educational services, including courses in English as a second language, financial literacy workshops and courses, and health and wellness programs; (2) increased access to workforce services; (3) support services such as housing, transportation, and child care; and (4) establishing a veteran support team. Requires an institution, in order to receive such a grant, to submit to the Secretary a program plan and strategy to meet the needs of enrolled veterans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Disaster Readiness
and Reform Act of 2009''.

SEC. 2. REVISED COLLATERAL REQUIREMENTS.

    Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
            (1) by striking ``(e) [RESERVED].'' and ``(f)
        [RESERVED].''; and
            (2) in subsection (f), as added by section 12068(a)(2) of
        the Small Business Disaster Response and Loan Improvements Act
        of 2008 (subtitle B of title XII of the Food, Conservation, and
        Energy Act of 2008; Public Law 110-246), by adding at the end
        the following:
            ``(2) Revised collateral requirements.--In making a loan
        with respect to a business under subsection (b), if the total
        approved amount of such loan is less than or equal to $250,000,
        the Administrator may not require the borrower to use the
        borrower's home as collateral.''.

SEC. 3. INCREASED LIMITS.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended--
            (1) in paragraph (3)(E) by striking ``$1,500,000'' each
        place it appears and inserting ``$3,000,000''; and
            (2) in paragraph (8)(A) by striking ``$2,000,000'' and
        inserting ``$3,000,000''.

SEC. 4. REVISED REPAYMENT TERMS.

    Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) is
amended by adding at the end the following:
            ``(3) Revised repayment terms.--In making loans under
        subsection (b), the Administrator--
                    ``(A) may not require repayment to begin until the
                date that is 12 months after the date on which the
                final disbursement of approved amounts is made; and
                    ``(B) shall calculate the amount of repayment based
                solely on the amounts disbursed.''.

SEC. 5. REVISED DISBURSEMENT PROCESS.

    Section 7(f) of the Small Business Act (15 U.S.C. 636(f)), as
amended by this Act, is further amended by adding at the end the
following:
            ``(4) Revised disbursement process.--In making a loan under
        subsection (b), the Administrator shall disburse loan amounts
        in accordance with the following:
                    ``(A) If the total amount approved with respect to
                such loan is less than or equal to $150,000--
                            ``(i) the first disbursement with respect
                        to such loan shall consist of 40 percent of the
                        total loan amount, or a lesser percentage of
                        the total loan amount if the Administrator and
                        the borrower agree on such a lesser percentage;
                            ``(ii) the second disbursement shall
                        consist of 50 percent of the loan amounts that
                        remain after the first disbursement, and shall
                        be made when the borrower has produced
                        satisfactory receipts to demonstrate the proper
                        use of 50 percent of the first disbursement;
                        and
                            ``(iii) the third disbursement shall
                        consist of the loan amounts that remain after
                        the preceding disbursements, and shall be made
                        when the borrower has produced satisfactory
                        receipts to demonstrate the proper use of the
                        first disbursement and 50 percent of the second
                        disbursement.
                    ``(B) If the total amount approved with respect to
                such loan is more than $150,000 but less than or equal
                to $500,000--
                            ``(i) the first disbursement with respect
                        to such loan shall consist of 20 percent of the
                        total loan amount, or a lesser percentage of
                        the total loan amount if the Administrator and
                        the borrower agree on such a lesser percentage;
                            ``(ii) the second disbursement shall
                        consist of 30 percent of the loan amounts that
                        remain after the first disbursement, and shall
                        be made when the borrower has produced
                        satisfactory receipts to demonstrate the proper
                        use of 50 percent of the first disbursement;
                            ``(iii) the third disbursement shall
                        consist of 25 percent of the loan amounts that
                        remain after the first and second
                        disbursements, and shall be made when the
                        borrower has produced satisfactory receipts to
                        demonstrate the proper use of the first
                        disbursement and 50 percent of the second
                        disbursement; and
                            ``(iv) the fourth disbursement shall
                        consist of the loan amounts that remain after
                        the preceding disbursements, and shall be made
                        when the borrower has produced satisfactory
                        receipts to demonstrate the proper use of the
                        first and second disbursements and 50 percent
                        of the third disbursement.
                    ``(C) If the total amount approved with respect to
                such loan is more than $500,000--
                            ``(i) the first disbursement with respect
                        to such loan shall consist of at least
                        $100,000, or a lesser amount if the
                        Administrator and the borrower agree on such a
                        lesser amount; and
                            ``(ii) the number of disbursements after
                        the first, and the amount of each such
                        disbursement, shall be in the discretion of the
                        Administrator, but the amount of each such
                        disbursement shall be at least $100,000.''.

SEC. 6. GRANT PROGRAM.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(9) the following:
            ``(10) Grants to disaster-affected small businesses.--
                    ``(A) In general.--If the Administrator declares
                eligibility for additional disaster assistance under
                paragraph (9), the Administrator may make a grant, in
                an amount not exceeding $100,000, to a small business
                concern that--
                            ``(i) is located in an area affected by the
                        applicable major disaster;
                            ``(ii) submits to the Administrator a
                        certification by the owner of the concern that
                        such owner intends to reestablish the concern
                        in the same county in which the concern was
                        originally located;
                            ``(iii) has applied for, and was rejected
                        for, a conventional disaster assistance loan
                        under this subsection; and
                            ``(iv) was in existence for at least 2
                        years before the date on which the applicable
                        disaster declaration was made.
                    ``(B) Priority.--In making grants under this
                paragraph, the Administrator shall give priority to a
                small business concern that the Administrator
                determines is economically viable but unable to meet
                short-term financial obligations.
                    ``(C) Program level and authorization of
                appropriations.--
                            ``(i) Program level.--The Administrator is
                        authorized to make $100,000,000 in grants under
                        this paragraph for each of fiscal years 2010
                        and 2011.
                            ``(ii) Authorization of appropriations.--
                        There are authorized to be appropriated to the
                        Administrator such sums as may be necessary to
                        carry out this paragraph.''.

SEC. 7. REGIONAL DISASTER WORKING GROUPS.

    Section 40 of the Small Business Act (15 U.S.C. 657l) is amended--
            (1) in subsection (a), in the matter preceding paragraph
        (1), by striking ``or'' and inserting ``and'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following:
    ``(d) Regional Disaster Working Groups.--In carrying out the
responsibilities pertaining to loan making activities under subsection
(a), the Administrator, acting through the regional administrators of
the regional offices of the Administration, shall develop a disaster
preparedness and response plan for each region of the Administration.
Each such plan shall be developed in cooperation with Federal, State,
and local emergency response authorities and representatives of
businesses located in the region to which such plan applies. Each such
plan shall identify and include a plan relating to the 3 disasters,
natural or manmade, most likely to occur in the region to which such
plan applies.''.

SEC. 8. OUTREACH GRANTS FOR LOAN APPLICANT ASSISTANCE.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(10) the following:
            ``(11) Outreach grants for loan applicant assistance.--
                    ``(A) In general.--From amounts made available for
                administrative expenses relating to activities under
                this subsection, the Administrator is authorized to
                make grants to the following:
                            ``(i) A women's business center in an area
                        affected by a disaster.
                            ``(ii) A small business development center
                        in an area affected by a disaster.
                            ``(iii) A Veteran Business Outreach Center
                        in an area affected by a disaster.
                            ``(iv) A chamber of commerce in an area
                        affected by a disaster.
                    ``(B) Use of grant.--An entity specified under
                subparagraph (A) shall use a grant received under this
                paragraph to provide application preparation assistance
                to applicants for a loan under this subsection.
                    ``(C) Program level.--The Administrator is
                authorized to make $50,000,000 in grants under this
                paragraph for each of fiscal years 2010 and 2011.''.

SEC. 9. HOMEOWNERS IMPACTED BY TOXIC DRYWALL.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(11) the following:
            ``(12) Homeowners impacted by toxic drywall.--The
        Administrator may make a loan under this subsection to any
        homeowner if the primary residence of such homeowner has been
        adversely impacted by the installation of toxic drywall
        manufactured in China. A loan under this paragraph may be used
        only for the repair or replacement of such toxic drywall.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by inserting after subsection (e) the following:
    ``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(b).--
There is authorized to be appropriated such sums as may be necessary
for administrative expenses and loans under section 7(b).''.

SEC. 11. REGULATIONS.

    Except as otherwise provided in this Act or in amendments made by
this Act, after an opportunity for notice and comment, but not later
than 180 days after the date of the enactment of this Act, the
Administrator shall issue regulations to carry out this Act and the
amendments made by this Act.

            Passed the House of Representatives November 6, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Small Business Disaster Readiness and Reform Act of 2009 - (Sec. 2) Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA), in making a small business disaster loan of $250,000 or less, from requiring a borrower to use the borrower's home as collateral.

(Sec. 3) Increases the SBA disaster loan limit to $3 million. Prohibits the Administrator from requiring repayment on such loans until 12 months after final disbursement of the approved loan amount.

(Sec. 5) Provides specific disbursement directions for each of the following categories of loans: (1) $150,000 or less; (2) more than $150,000 up to $500,000; and (3) more than $500,000.

(Sec. 6) Authorizes the Administrator to make a disaster assistance grant of up to $100,000 to a small business that: (1) is located in an area affected by a major disaster; (2) certifies its intention to reestablish the business in the same county as originally located; (3) has applied and was rejected for a conventional disaster assistance loan; and (4) was in existence for at least two years before the disaster declaration. Provides a grant priority for small businesses determined to be economically viable but unable to meet short-term financial obligations. Authorizes grants of $100 million for each of FY2010-FY2011 and authorizes appropriations for such grants.

(Sec. 7) Directs the Administrator to develop a disaster preparedness and response plan for each SBA region. Requires each plan to identify the three disasters, natural or manmade, most likely to occur in such region.

(Sec. 8) Authorizes the Administrator to make outreach grants for loan application assistance to the following in areas affected by a disaster: (1) a women's business center; (2) a small business development center; (3) a veterans business outreach center; and (4) a chamber of commerce. Authorizes grants for each of FY2010-FY2011.

(Sec. 9) Authorizes the Administrator to make a loan to any homeowner whose primary residence has been adversely impacted by the installation of toxic drywall manufactured in China. Allows the loan to be used only for the repair or replacement of such drywall.

(Sec. 10) Authorizes appropriations for FY2010-FY2011 for administrative expenses and small business disaster assistance loans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flu Vaccine Incentive Act of 2004''
or the ``FLU-VIA''.

SEC. 2. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA
              VACCINES.

    (a) In General.--
            (1) Vaccines for children program.--Section 1928(d)(3) of
        the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended--
                    (A) in subparagraph (B), by striking ``With'' and
                inserting ``Except as provided in subparagraph (D),
                with''; and
                    (B) by adding at the end the following new
                subparagraph:
                    ``(D) Nonapplication to influenza vaccines.--With
                respect to contracts entered into for the purchase of a
                pediatric vaccine that is an influenza vaccine, and to
                the maximum extent practicable, with respect to any
                other contracts entered into by the Secretary for the
                purchase of an influenza vaccine, the price for the
                purchase of such vaccine shall be established without
                regard to subparagraph (B).''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply to contracts entered into on or after the date of
        enactment of this Act.
    (b) Application to Purchases for Other Federal Programs.--Section
1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as
amended by subsection (a), shall apply with respect to the purchase of
an influenza vaccine by any Federal agency and in lieu of the price
that would otherwise apply to such a purchase under the schedule for
the purchase of drugs by the Veterans Administration under section 8126
of title 38, United States Code, under agreements negotiated by the
Secretary of Health and Human Services under section 340B of the Public
Health Service Act (42 U.S.C. 256b), or otherwise.

SEC. 3. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE
              MANUFACTURING FACILITIES.

    (a) Influenza Vaccine Manufacturing Facilities Investment Tax
Credit.--
            (1) Allowance of credit.--Section 46 of the Internal
        Revenue Code of 1986 (relating to amount of investment credit)
        is amended by striking ``and'' at the end of paragraph (1), by
        striking the period at the end of paragraph (2) and inserting
        ``, and'', and by adding at the end the following new
        paragraph:
            ``(3) the influenza vaccine manufacturing facilities
        investment credit.''.
            (2) Amount of credit.--Section 48 of such Code is amended
        by adding at the end the following new subsection:
    ``(c) Influenza Vaccine Manufacturing Facilities Investment
Credit.--
            ``(1) In general.--For purposes of section 46, the
        influenza vaccine manufacturing facilities investment credit
        for any taxable year is an amount equal to 20 percent of the
        qualified investment for such taxable year.
            ``(2) Qualified investment.--For purposes of paragraph (1),
        the qualified investment for any taxable year is the basis of
        each influenza vaccine manufacturing facilities property placed
        in service by the taxpayer during such taxable year.
            ``(3) Influenza vaccine manufacturing facilities
        property.--For purposes of this subsection, the term `influenza
        vaccine manufacturing facilities property' means real and
        tangible personal property--
                    ``(A)(i) the original use of which commences with
                the taxpayer, or
                    ``(ii) which is acquired through purchase (as
                defined by section 179(d)(2)),
                    ``(B) which is depreciable under section 167,
                    ``(C) which is used for the manufacture,
                distribution, or research and development of influenza
                vaccines, and
                    ``(D) which is in compliance with any standards and
                regulations which are promulgated by the Food and Drug
                Administration, the Occupational Safety and Health
                Administration, or the Environmental Protection Agency
                and which are applicable to such property.
            ``(4) Certain progress expenditure rules made applicable.--
        Rules similar to rules of subsections (c)(4) and (d) of section
        46 (as in effect on the day before the date of the enactment of
        the Revenue Reconciliation Act of 1990) shall apply for
        purposes of this subsection.
            ``(5) Termination.--This subsection shall not apply to any
        property placed in service after December 31, 2014.''.
    (b) Technical Amendments.--
            (1) Subparagraph (C) of section 49(a)(1) of the Internal
        Revenue Code of 1986 is amended by striking ``and'' at the end
        of clause (ii), by striking the period at the end of clause
        (iii) and inserting ``, and'', and by adding at the end the
        following new clause:
                            ``(iv) the basis of any influenza vaccine
                        manufacturing facilities property.''.
            (2) Subparagraph (E) of section 50(a)(2) of such Code is
        amended by inserting ``or 48(c)(4)'' before the period.
            (3)(A) The section heading for section 48 of such Code is
        amended to read as follows:

``SEC. 48. OTHER CREDITS.''.

            (B) The table of sections for subpart E of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 48 and inserting the following:

``Sec. 48. Other credits.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of enactment of
the Revenue Reconciliation Act of 1990).

SEC. 4. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF DEVELOPING NEW
              TECHNOLOGIES FOR THE PRODUCTION OF INFLUENZA VACCINES.

    (a) Findings.--The Senate makes the following findings:
            (1) 30 years ago, more than a dozen companies produced the
        influenza vaccine in the United States. As of 2004, only 2
        companies make the vaccine for the United States.
            (2) Currently, the influenza vaccine is grown in eggs
        through a process that takes approximately 6 months and
        consumes tens of thousands of eggs.
            (3) Companies are developing new technologies for the
        faster and safer production of the influenza vaccine. For
        example, one manufacturer is testing a process that relies on
        cell lines from silk moths, a technique that promises to shave
        the production time by at least a month and reduce the costs
        significantly.
    (b) Sense of the Senate.--It is the sense of the Senate that it is
prudent to allocate a greater percentage of the amounts appropriated to
the National Institutes of Health for research to the development of
new technologies for the production of influenza vaccines.

Output:
Flu Vaccine Incentive Act of 2004 or FLU-VIA - Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary of Health and Human Services for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine.

Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities.

Expresses the sense of the Senate supporting increased funding to develop new technologies for the production of influenza vaccines.


Input:
SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) The United Nations Convention against Torture or Other
        Cruel, Inhuman or Degrading Treatment or Punishment (in this
        section referred to as the ``Convention against Torture'' )
        defines torture as ``any act by which severe pain or suffering,
        whether physical or mental, is intentionally inflicted on a
        person for such purposes as obtaining from him or a third
        person information or a confession. . . .'', and that it may be
        ``inflicted by or at the instigation of or acquiescence of a
        public official or other person acting in an official
        capacity.''.
            (2) The Universal Declaration of Human Rights states that
        ``No one shall be subjected to torture or to cruel, inhuman, or
        degrading treatment or punishment.''.
            (3) The prohibition on torture and other ill-treatment has
        been incorporated into the numerous international and regional
        human rights treaties, including--
                    (A) Article 7 of the International Covenant on
                Civil and Political Rights (ICCPR), ratified by 153
                countries, including the United States in 1992;
                    (B) the Convention against Torture, ratified by 136
                countries, including the United States in 1994;
                    (C) the European Convention for the Protection of
                Human Rights and Fundamental Freedoms;
                    (D) the African Charter on Human and Peoples'
                Rights; and
                    (E) the American Convention on Human Rights.
            (4) The prohibition against torture is also fundamental to
        the laws governing the conduct of parties in armed conflicts,
        which establish a duty to protect the life, health, and safety
        of civilians and other noncombatants, including soldiers who
        are captured or who have laid down their arms, including the
        Geneva Conventions which prohibit ``violence of life and
        person, in particular murder of all kinds, mutilation, cruel
        treatment, and torture'', ``outrages upon personal dignity, in
        particular humiliating, and degrading treatment'', and the use
        of force to obtain information, stipulating that ``No physical
        or moral coercion shall be exercised against protected persons,
        in particular to obtain information from them or from third
        parties.''.
            (5) The United States Government informed the United
        Nations in 1999 that in the United States, the use of torture
        ``is categorically denounced as a matter of policy and as a
        tool of state authority . . . No official of the government,
        Federal, State, or local, civilian, or military, is authorized
        to commit or to instruct anyone else to commit torture. Nor may
        any official condone or tolerate torture in any form . . .
        Every act of torture within the meaning of the [Convention
        against Torture] is illegal under existing Federal and State
        law, and any individual who commits such an act is subject to
        penal sanctions as specified in criminal statutes.''.
            (6) The practice of torture violates numerous provisions of
        the United States Constitution and its Bill of Rights,
        including the right under the Fourth Amendment to be free of
        unreasonable search or seizure, which encompasses the right to
        not be abused by the police, the right under the Fifth
        Amendment against self-incrimination, which encompasses the
        right to remain silent during interrogations, the guarantees of
        due process under the Fifth and the Fourteenth Amendments,
        which ensure fundamental fairness in criminal justice system,
        and the right under the Eighth Amendment to be free of cruel or
        unusual punishment.
            (7) In numerous cases, the United States Supreme Court has
        condemned the use of force amounting to torture or other forms
        of ill treatment during interrogations, including such
        practices as whipping, slapping, depriving a prisoner of food,
        water, or sleep, keeping a prisoner naked or in a small cell
        for prolonged periods, holding a gun to a prisoner's head, or
        threatening a prisoner with mob violence.
            (8) Article 4 of the Convention against Torture obligates
        State parties to ensure that all acts of torture are criminal
        offenses under domestic legislation, and the United States has
        insisted that existing Federal and State laws render illegal
        any act falling within the definition of torture under the
        Convention against Torture.
            (9) Article 3 of the Convention against Torture expressly
        prohibits sending a person to another State ``where there are
        substantial grounds for believing that he would be in danger of
        being subjected to torture.''.
            (10) Section 2242(a) of the Foreign Affairs Reform and
        Restructuring Act of 1998, as contained in Public Law 105-277
        (8 U.S.C. 1231 note) states that ``It shall be the policy of
        the United States not to expel, extradite, or otherwise effect
        the involuntary return of any person to a country in which
        there are substantial grounds for believing the person would be
        in danger of being subjected to torture, regardless of whether
        the person is physically present in the United States.''.
            (11) Transferring, rendering, returning, or extraditing
        persons in the custody of the United States to any other
        country where torture or cruel, inhuman, or degrading treatment
        is commonly used by the government in interrogation and
        detention is inconsistent with international human rights law,
        the Constitutional protections against torture or inhuman
        treatment, and the values and principles upon which the United
        States was founded.

SEC. 2. TRANSFER OF PERSONS IN CUSTODY.

    (a) Reports to Congress.--Beginning 6 months after the date of the
enactment of this Act and every 6 months thereafter, the Secretary of
State shall submit to the appropriate congressional committees a list
of each country where torture or cruel, inhuman, or degrading treatment
is commonly used by the government of that country in interrogation and
detention.
    (b) Prohibition on Transferring Persons.--No person in the custody
of a United States Government department, agency, or official may be
transferred, rendered, or returned to the custody of the government of
a country included on the most recent list submitted under subsection
(a) for the purpose of detention, interrogation, or trial.
    (c) Waivers.--
            (1) Authority.--The Secretary of State may waive the
        prohibition contained in subsection (b) with respect to the
        government of a country if the Secretary certifies to the
        appropriate congressional committees that--
                    (A) that government has made significant,
                verifiable progress in eliminating the acts of torture
                or cruel, inhuman, or degrading treatment that were the
                basis for the inclusion of that country on the list; or
                    (B) there is in place a mechanism that assures the
                United States in a verifiable manner that a person
                transferred, rendered, or returned will not be tortured
                or subjected to cruel, inhuman, or degrading treatment
                in that country, including, at a minimum, immediate,
                unfettered, and continuing access, from the point of
                return, to each such person by an independent
                humanitarian organization.
            (2) Assurances insufficient.--Written or verbal assurances
        made to the United States by the government of a country that
        persons in its custody will not be tortured or subjected to
        cruel, inhuman, or degrading treatment, are not sufficient to
        meet the requirements of paragraph (1)(B).
    (d) Treaty-Based Extradition Exemption.--The prohibition contained
in subsection (b) shall not be construed to apply to the legal
extradition of a person under a bilateral or multilateral extradition
treaty if, prior to such extradition, that person has recourse to a
court in the United States of competent jurisdiction to challenge the
extradition on the basis that there are substantial grounds for
believing that the person would be in danger of being subjected to
torture or cruel, inhuman, or degrading treatment in the country
requesting such extradition.

Output:
Directs the Secretary of State to submit to the appropriate congressional committees, every six months, a list of each country where torture or degrading treatment is commonly used in interrogation and detention. Prohibits, with specified waiver authority, the transfer of a person in U.S. custody to such a country.

States that such prohibition shall not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty if, prior to extradition, that person has recourse to a U.S. court to challenge the extradition on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture or degrading treatment in the requesting country.