Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scaling Up Manufacturing Act of
2013''.

SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES.

    ``(a) General Rule.--For purposes of section 38, in the case of an
eligible business, the manufacturing facility expenditure credit for
any taxable year is an amount equal to 25 percent of the qualified
facility construction expenditures of the taxpayer for the taxable
year.
    ``(b) Eligible Business.--For purposes of this section, the term
`eligible business' means any corporation or partnership--
            ``(1) which is engaged in an active trade or business,
            ``(2) which is headquartered in the United States,
            ``(3) substantially all of the management or administrative
        activities of which are performed in the United States,
            ``(4) which has not (prior to placing into service the
        manufacturing facility designated for purposes of this section)
        placed in service a dedicated commercial manufacturing
        facility,
            ``(5) with respect to which all debt obligations issued by,
        and equity interests in, have a rating of B minus (or its
        substantial equivalent) or higher from a credit rating agency
        registered with the Securities and Exchange Commission as a
        nationally recognized statistical rating organization (as
        defined in section 3(a) of the Securities Exchange Act of
        1934).
    ``(c) Qualified Facility Construction Expenditures.--For purposes
of this section--
            ``(1) In general.--The term `qualified facility
        construction expenditures' means amounts paid or incurred by
        the taxpayer--
                    ``(A) for the construction of a facility
                (designated for purposes of this section by the
                taxpayer at such time and in such form and manner as
                the Secretary shall prescribe) in the United States to
                manufacture a qualified product (including amounts for
                professional services necessary for the planning of
                such construction), and
                    ``(B) for the purchase of specialized equipment for
                use at such facility and required for the manufacture
                of such product.
            ``(2) Qualified product.--The term `qualified product'
        means any product which, prior to construction of the facility
        with respect to which a credit is allowed under this section,
        the taxpayer has produced and sold to a bona fide purchaser,
        and such purchaser has placed such product in service.
    ``(d) Special Rules.--For purposes of this section--
            ``(1) Recapture.--
                    ``(A) In general.--If, as of the close of any
                taxable year, there is a recapture event with respect
                to any facility of the taxpayer with respect to which a
                credit was allowed under this section, then the tax of
                the taxpayer under this chapter for such taxable year
                shall be increased by an amount equal to the product
                of--
                            ``(i) the applicable recapture percentage,
                        and
                            ``(ii) the aggregate decrease in the
                        credits allowed under section 38 for all prior
                        taxable years which would have resulted if the
                        qualified facility construction expenditures of
                        the taxpayer described in subsection (c)(1)
                        with respect to such facility had been zero.
                    ``(B) Applicable recapture percentage.--
                            ``(i) In general.--For purposes of this
                        subsection, the applicable recapture percentage
                        shall be determined in accordance with the
                        following table:

``If the recapture event            The applicable recapture percentage
  occurs in:                                                        is:
        Year 1.............................................        100
        Year 2.............................................         80
        Year 3.............................................         60
        Year 4.............................................         40
        Year 5.............................................         20
        Years 6 and thereafter.............................          0.
                            ``(ii) Years.--For purposes of clause (i),
                        year 1 shall begin on the first day of the
                        taxable year in which the facility with respect
                        to which a credit was allowed under this
                        subsection was placed in service.
                    ``(C) Recapture event.--For purposes of this
                paragraph--
                            ``(i) In general.--A recapture event occurs
                        with respect to any facility if--
                                    ``(I) the taxpayer becomes
                                insolvent, or
                                    ``(II) the taxpayer disposes of the
                                facility to another person who, at this
                                time of the disposition, is not an
                                eligible business.
                            ``(ii) Special rule for facilities not
                        placed in service within 5 years.--In the case
                        of a facility with respect to which a credit is
                        allowed under this section which is not placed
                        in service before the close of the 5th taxable
                        year beginning after the first taxable year for
                        which the credit was so allowed, a recapture
                        event shall be treated as having occurred with
                        respect to such facility in year 1.
            ``(2) Credit may be assigned.--The amount of qualified
        facility construction expenditures with respect to a facility
        which would (but for this paragraph) be taken into account
        under subsection (a) for any taxable year by any person
        (hereafter in this paragraph referred to as the `initial
        taxpayer')--
                    ``(A) may be taken into account by any other person
                to whom such expenditures are assigned by the initial
                taxpayer, and
                    ``(B) shall not be taken into account by initial
                taxpayer.
        Any person to whom such expenditures are assigned under
        subparagraph (A) shall be treated for purposes of this title as
        the taxpayer with respect to such expenditures.
            ``(3) Controlled group.--All members of the same controlled
        group of corporations (within the meaning of section 52(a)) and
        all persons under common control (within the meaning of section
        52(b)) shall be treated as 1 person for purposes of this
        section.
            ``(4) Predecessor.--Any reference in this section to a
        corporation or partnership shall include a reference to any
        predecessor of such corporation or partnership.
            ``(5) Denial of double benefit.--For purposes of this
        subtitle, if a credit is allowed under this section in
        connection with any expenditure for any property, the basis of
        such property shall be reduced by the amount of the credit so
        allowed.''.
    (b) Denial of Double Benefit.--Section 280C of such Code is amended
by inserting after subsection (h) the following new subsection:
    ``(i) Manufacturing Facility Expenditures.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction taken into account in determining the credit under section
45S for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45S(a).''.
    (c) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by inserting after paragraph (36) the
following:
            ``(37) manufacturing facility expenditure credit determined
        under section 45S(a).''.
    (d) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 45S(d)(2).''.
    (e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.

Output: Scaling Up Manufacturing Act of 2013 - Amends the Internal Revenue Code to allow certain corporations or partnerships that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nonprofit Energy Efficiency Act''.

SEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means a nonprofit
        organization that applies for a grant under this section.
            (2) Energy-efficiency improvement.--
                    (A) In general.--The term ``energy-efficiency
                improvement'' means an installed measure (including a
                product, equipment, system, service, or practice) that
                results in a reduction in demand by a nonprofit
                organization for energy or fuel supplied from outside
                the nonprofit building.
                    (B) Inclusions.--The term ``energy-efficiency
                improvement'' includes an installed measure described
                in subparagraph (A) involving--
                            (i) repairing, replacing, or installing--
                                    (I) a roof, electrical wiring,
                                plumbing, sewage, or lighting system,
                                or component of a roof, electrical
                                wiring, or system;
                                    (II) a window;
                                    (III) a door, including a security
                                door; or
                                    (IV) a heating, ventilation, or air
                                conditioning system or component of the
                                system (including insulation);
                            (ii) a renewable energy generation or
                        heating system, including a solar,
                        photovoltaic, wind, geothermal, or biomass
                        (including wood pellet) system or component of
                        the system; and
                            (iii) any other measure taken to modernize,
                        renovate, or repair a nonprofit building to
                        make the nonprofit building more energy
                        efficient.
            (3) Nonprofit building.--
                    (A) In general.--The term ``nonprofit building''
                means a building operated and owned by a nonprofit
                organization.
                    (B) Inclusions.--The term ``nonprofit building''
                includes a building described in subparagraph (A) that
                is--
                            (i) a hospital;
                            (ii) a youth center;
                            (iii) a school;
                            (iv) a social-welfare program facility;
                            (v) a house of worship; and
                            (vi) any other nonresidential and
                        noncommercial structure.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
    (b) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a pilot
program to award grants for the purpose of retrofitting nonprofit
buildings with energy-efficiency improvements.
    (c) Grants.--
            (1) In general.--The Secretary may award grants under the
        program established under subsection (b).
            (2) Application.--The Secretary may award a grant under
        this section if an applicant submits to the Secretary an
        application at such time, in such form, and containing such
        information as the Secretary may prescribe.
            (3) Criteria for grant.--In determining whether to award a
        grant under this section, the Secretary shall apply
        performance-based criteria, which shall give priority to
        applications based on--
                    (A) the cost-effectiveness of the energy-efficiency
                improvement; and
                    (B) an effective plan for evaluation, measurement,
                and verification of energy savings.
            (4) Limitation on individual grant amount.--Each grant
        awarded under this section shall not exceed--
                    (A) an amount equal to 50 percent of the energy-
                efficiency improvement; and
                    (B) $200,000.
            (5) Cost sharing.--
                    (A) In general.--A grant awarded under this section
                shall be subject to a minimum non-Federal cost-sharing
                requirement of 50 percent.
                    (B) In-kind contributions.--The non-Federal share
                may be provided in the form of in-kind contributions of
                materials or services.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2013 through 2016, to remain available until expended.

SEC. 3. OFFSET.

    Section 399A(i) of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1(i)) is amended--
            (1) in paragraph (1), by striking ``2013'' and inserting
        ``2012 and $200,000,000 for each of fiscal years 2013 through
        2016''; and
            (2) in paragraph (2), by striking ``2013'' and inserting
        ``2016''.

Output:
Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements.

Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000.

 Authorizes appropriations for such grants for FY2013-FY2016 and makes offsetting reductions in authorizations for energy sustainability and efficiency grants under the Energy Policy and Conservation Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reconnecting Congress with America
Act of 2011''.

SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO
              FEDERAL BUDGET DEFICIT.

    (a) Determination of Salaries.--The annual rate of pay for a Member
of Congress (including a Delegate or Resident Commissioner to the
Congress) for pay periods occurring in a calendar year shall be equal
to the following:
            (1) If, with respect to the most recent fiscal year ending
        before that calendar year, the Federal deficit was equal to or
        greater than 3 percent of the gross domestic product, 80% of
        the base rate applicable to the Member.
            (2) If, with respect to the most recent fiscal year ending
        before that calendar year, the Federal deficit was less than 3
        percent of the gross domestic product, 90% of the base rate
        applicable to the Member.
            (3) If, with respect to the most recent fiscal year ending
        before that calendar year, there was no Federal deficit, 100%
        of the base rate applicable to the Member.
    (b) Federal Deficit.--
            (1) Definition.--For purposes of this section, the term
        ``Federal deficit'' means, with respect to a fiscal year, the
        amount by which outlays of the Federal Government exceeded
        receipts of the Government for that fiscal year.
            (2) Report by secretary of the treasury.--Not later than 30
        days after the end of each fiscal year (beginning with fiscal
        year 2011), the Secretary of the Treasury shall--
                    (A) make a determination of the gross domestic
                product for that fiscal year;
                    (B) make a determination of whether a Federal
                deficit existed with respect to that fiscal year, and,
                if so, the amount of such Federal deficit; and
                    (C) submit a report of such determinations to
                Congress.
    (c) Base Rate.--For purposes of this section, the ``base rate''
applicable to a Member of Congress means--
            (1) in the case of the Speaker of the House of
        Representatives, $223,500;
            (2) in the case of the President pro tempore of the Senate,
        the majority leader and the minority leader of the Senate, and
        the majority leader and the minority leader of the House of
        Representatives, $193,400; and
            (3) in the case of any other Member of Congress, $174,000.
    (d) Conforming Amendment.--Section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
    (e) Effective Date.--
            (1) In general.--This section and the amendments made by
        this section shall apply with respect to pay periods occurring
        on or after January 1, 2013.
            (2) Sense of congress regarding voluntary return of
        salary.--It is the sense of Congress that, during pay periods
        occurring after the date of enactment of this Act and prior to
        the date referred to in paragraph (1), each Member of Congress
        should voluntarily adjust the amount of the Member's salary to
        reflect the annual rates of pay that will take effect on such
        date.

SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS.

    (a) Civil Service Retirement System.--
            (1) Member contribution.--Notwithstanding any provision of
        subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5,
        United States Code, for any period beginning on or after date
        of enactment of this Act, the contributions payable by a Member
        of Congress under such provision for such period shall be equal
        to the percentage that would otherwise apply plus 4.9
        percentage points.
            (2) Government contribution.--Notwithstanding any provision
        of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such
        title, for any period beginning on or after date of enactment
        of this Act, the contributions payable under such provision for
        a Member of Congress shall be equal to the percentage that
        would otherwise apply minus 4.9 percentage points.
    (b) Federal Employees' Retirement System.--
            (1) Member contribution.--Notwithstanding any provision of
        section 8422(a) of title 5, United States Code, for any period
        beginning on or after date of enactment of this Act, the
        contributions payable by a Member of Congress under such
        provision for such period shall be equal to the percentage that
        would otherwise apply plus 4.9 percentage points.
            (2) Government contribution.--Notwithstanding any provision
        of section 8423 of such title, for any period beginning on or
        after date of enactment of this Act, the contributions payable
        under such provision for a Member of Congress shall be equal to
        the percentage that would otherwise apply (disregarding
        paragraph (1)) minus 4.9 percentage points.

SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON
              NONPUBLIC INFORMATION RELATING TO CONGRESS.

    (a) Nonpublic Information Relating to Congress and Other Federal
Employees.--
            (1) Commodities transactions.--Section 4c of the Commodity
        Exchange Act (7 U.S.C. 6c) is amended by adding at the end the
        following:
    ``(h) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling any commodity
for future delivery or swap while such person is in possession of
material nonpublic information, as defined by the Commission, relating
to any pending or prospective legislative action relating to such
commodity if--
            ``(1) such information was obtained by reason of such
        person being a Member or employee of Congress; or
            ``(2) such information was obtained from a Member or
        employee of Congress, and such person knows that the
        information was so obtained.
    ``(i) Nonpublic Information Relating to Other Federal Employees.--
            ``(1) Rulemaking.--Not later than 270 days after the date
        of enactment of this subsection, the Commission shall by rule
        prohibit any person from buying or selling any commodity for
        future delivery or swap while such person is in possession of
        material nonpublic information derived from Federal employment
        and relating to such commodity if--
                    ``(A) such information was obtained by reason of
                such person being an employee of an agency, as such
                term is defined in section 551(1) of title 5, United
                States Code; or
                    ``(B) such information was obtained from such an
                employee, and such person knows that the information
                was so obtained.
            ``(2) Material nonpublic information.--For purposes of this
        subsection, the term `material nonpublic information' means any
        information that an employee of an agency (as such term is
        defined in section 551(1) of title 5, United States Code) gains
        by reason of Federal employment and that such employee knows or
        should know has not been made available to the general public,
        including information that--
                    ``(A) is routinely exempt from disclosure under
                section 552 of title 5, United States Code, or
                otherwise protected from disclosure by statute,
                Executive order, or regulation;
                    ``(B) is designated as confidential by an agency;
                or
                    ``(C) has not actually been disseminated to the
                general public and is not authorized to be made
                available to the public on request.''.
            (2) Securities transactions.--Section 10 of the Securities
        Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at
        the end the following:
    ``(d) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling the securities
or security based swaps of any issuer while such person is in
possession of material nonpublic information, as defined by the
Commission, relating to any pending or prospective legislative action
relating to such issuer if--
            ``(1) such information was obtained by reason of such
        person being a Member or employee of Congress; or
            ``(2) such information was obtained from a Member or
        employee of Congress, and such person knows that the
        information was so obtained.
    ``(e) Nonpublic Information Relating to Other Federal Employees.--
            ``(1) Rulemaking.--Not later than 270 days after the date
        of enactment of this subsection, the Commission shall by rule
        prohibit any person from buying or selling the securities or
        security based swaps of any issuer while such person is in
        possession of material nonpublic information derived from
        Federal employment and relating to such issuer if--
                    ``(A) such information was obtained by reason of
                such person being an employee of an agency, as such
                term is defined in section 551(1) of title 5, United
                States Code; or
                    ``(B) such information was obtained from such an
                employee, and such person knows that the information
                was so obtained.
            ``(2) Material nonpublic information.--For purposes of this
        subsection, the term `material nonpublic information' means any
        information that an employee of an agency (as such term is
        defined in section 551(1) of title 5, United States Code) gains
        by reason of Federal employment and that such employee knows or
        should know has not been made available to the general public,
        including information that--
                    ``(A) is routinely exempt from disclosure under
                section 552 of title 5, United States Code, or
                otherwise protected from disclosure by statute,
                Executive order, or regulation;
                    ``(B) is designated as confidential by an agency;
                or
                    ``(C) has not actually been disseminated to the
                general public and is not authorized to be made
                available to the public on request.''.
    (b) Committee Hearings on Implementation.--
            (1) In general.--The Committee on Agriculture of the House
        of Representatives shall hold a hearing on the implementation
        by the Commodity Futures Trading Commission of subsections (h)
        and (i) of section 4c of the Commodity Exchange Act (as added
        by subsection (a)), and the Committee on Financial Services of
        the House of Representatives shall hold a hearing on the
        implementation by the Securities Exchange Commission of
        subsections (d) and (e) of section 10 of the Securities
        Exchange Act of 1934 (as added by subsection (a)).
            (2) Exercise of rulemaking authority.--Paragraph (1) is
        enacted--
                    (A) as an exercise of the rulemaking power of the
                House of Representatives and, as such, shall be
                considered as part of the rules of the House, and such
                rules shall supersede any other rule of the House only
                to the extent that rule is inconsistent therewith; and
                    (B) with full recognition of the constitutional
                right of the House to change such rules (so far as
                relating to the procedure in the House) at any time, in
                the same manner, and to the same extent as in the case
                of any other rule of the House.

SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS.

    It is the sense of Congress that any law enacted by Congress should
apply to Members of Congress in the same manner and to the same extent
as the law applies to other individuals.

Output:
Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit.

Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress.

Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS).

Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase.

Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment.

Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowerment Zone Enhancement Act of
1998''.

SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES.

    (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42
U.S.C. 1397f(a)) is amended--
            (1) in subparagraph (A), by striking ``in the State; and''
        and inserting ``in the State designated pursuant to section
        1391(b) of the Internal Revenue Code of 1986;'';
            (2) in subparagraph (B), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding after subparagraph (B) the following new
        subparagraph:
                    ``(C) 10 grants under this section for each
                qualified empowerment zone in the State designated
                pursuant to section 1391(g) of such Code.''.
    (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C.
1397f(a)(2)) is amended--
            (1) in the heading of subparagraph (A), by inserting
        ``original'' before ``empowerment'';
            (2) in subparagraph (A), in the matter preceding clause
        (i), by inserting ``described in paragraph (1)(A)'' after
        ``empowerment zone'';
            (3) by redesignating subparagraph (C) as subparagraph (D);
        and
            (4) by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) Additional empowerment grants.--The amount of
                each grant to a State under this section for a
                qualified empowerment zone described in paragraph
                (1)(C) shall be--
                            ``(i) if the zone is designated in an urban
                        area, $10,000,000, or
                            ``(ii) if the zone is designated in a rural
                        area, $4,000,000,
                multiplied by the proportion of the population of the
                zone that resides in the State.''.
    (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C.
1397f(a)(3)) is amended--
            (1) in the heading of subparagraph (A), by inserting
        ``original'' before ``qualified'';
            (2) in subparagraph (A), in the matter preceding clause
        (i), by inserting ``described in paragraph (1)(A)'' after
        ``empowerment zone''; and
            (3) by adding after subparagraph (B) the following new
        subparagraph:
                    ``(C) Additional qualified empowerment zones.--With
                respect to each qualified empowerment zone described in
                paragraph (1)(C), the Secretary shall make--
                            ``(i) 1 grant under this subsection to the
                        State in which the zone lies, on the date of
                        the designation of the zone under such part I;
                        and
                            ``(ii) 1 grant under this subsection to
                        such State, on the first day of each of the
                        nine fiscal years that begin after the date of
                        the designation.''.
    (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C.
1397f(a)(4)) is amended--
            (1) by relocating and redesignating the matter following
        the caption as subparagraph (A);
            (2) by inserting ``Original grants.--'' after the
        subparagraph designation ``(A)'';
            (3) in subparagraph (A), as so redesignated, by inserting
        before the period ``for empowerment zones and enterprise
        communities described in subparagraphs (A) and (B) of paragraph
        (1)''; and
            (4) by adding after subparagraph (A), as so redesignated,
        the following new subparagraph:
                    ``(B) Additional grants.--$1,700,000,000 shall be
                made available to the Secretary for grants under this
                section for empowerment zones described in paragraph
                (1)(C).''.

SEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW.

    Section 2007 of the Social Security Act (42 U.S.C. 1397f) is
amended--
            (1) by redesignating subsection (f) as subsection (h); and
            (2) by inserting after subsection (e) the following new
        subsection:
    ``(f) Environmental Review.--
            ``(1) Execution of responsibility by the secretary of
        housing and urban development and the secretary of
        agriculture.--
                    ``(A) Applicability.--This subsection shall apply
                to grants under this section in connection with
                empowerment zones and enterprise communities designated
                under section 1391(a) of the Internal Revenue Code of
                1986 and empowerment zones designated under section
                1391(g) of such Code--
                            ``(i) by the Secretary of Housing and Urban
                        Development in the case of those located in
                        urban areas; and
                            ``(ii) by the Secretary of Agriculture in
                        the case of those located in rural areas.
                    ``(B) Execution of responsibility.--With respect to
                grants described in subparagraph (A), the Secretary of
                Housing and Urban Development and the Secretary of
                Agriculture, as appropriate, shall execute the
                responsibilities under the National Environmental
                Policy Act of 1969 and other provisions of law which
                further the purposes of such Act (as specified in
                regulations issued by each such Secretary under
                paragraph (2)(B)) that would otherwise apply to the
                Secretary of Health and Human Services, and may provide
                for the assumption of such responsibilities in
                accordance with paragraphs (2) through (5).
                    ``(C) Definition of secretary.--Except as used in
                subparagraphs (A) and (B), the term `Secretary' as used
                in this subsection means the Secretary of Housing and
                Urban Development for purposes of grants under this
                section with respect to urban areas and means the
                Secretary of Agriculture for purposes of grants under
                this section with respect to rural areas.
            ``(2) Assumption of responsibility by states, units of
        general local government, and indian tribes.--
                    ``(A) Release of funds.--In order to assure that
                the policies of the National Environmental Policy Act
                of 1969 and other provisions of law that further the
                purposes of such Act (as specified in regulations
                issued by the Secretary under paragraph (2)(B)) are
                most effectively implemented in connection with the
                expenditure of funds under this section, and to assure
                to the public undiminished protection of the
                environment, the Secretary may, under such
regulations, in lieu of the environmental protection procedures
otherwise applicable, provide for the release of funds for particular
projects to recipients of assistance under this section if the State,
unit of general local government, or Indian tribe, as designated by the
Secretary in accordance with regulations issued by the Secretary under
paragraph (2)(B), assumes all of the responsibilities for environmental
review, decisionmaking, and action pursuant to such Act, and such other
provisions of law as the regulations of the Secretary specify, that
would otherwise apply to the Secretary were the Secretary to undertake
such projects as Federal projects.
                    ``(B) Implementation.--The Secretary of Housing and
                Urban Development and the Secretary of Agriculture
                shall each issue regulations to carry out this
                subsection only after consultation with the Council on
                Environmental Quality. Such regulations shall--
                            ``(i) specify any other provisions of law
                        which further the purposes of the National
                        Environmental Policy Act of 1969 and to which
                        the assumption of responsibility as provided in
                        this subsection applies;
                            ``(ii) provide eligibility criteria and
                        procedures for the designation of a State, unit
                        of general local government, or Indian tribe to
                        assume all of the responsibilities in this
                        section;
                            ``(iii) specify the purposes for which
                        funds may be committed without regard to the
                        procedure established under paragraph (3);
                            ``(iv) provide for monitoring of the
                        performance of environmental reviews under this
                        subsection;
                            ``(v) in the discretion of the Secretary,
                        provide for the provision or facilitation of
                        training for such performance; and
                            ``(vi) subject to the discretion of the
                        Secretary, provide for suspension or
                        termination by the Secretary of the assumption
                        under subparagraph (A).
                    ``(C) Responsibilities of state, unit of general
                local government, or indian tribe.--The Secretary's
                duty under subparagraph (B) shall not be construed to
                limit any responsibility assumed by a State, unit of
                general local government, or Indian tribe with respect
                to any particular release of funds under subparagraph
                (A).
            ``(3) Procedure.--The Secretary shall approve the release
        of funds for projects subject to the procedures authorized by
        this subsection only if, not less than 15 days prior to such
        approval and prior to any commitment of funds to such projects
        (except for such purposes specified in the regulations issued
        under paragraph (2)(B)), the recipient submits to the Secretary
        a request for such release accompanied by a certification of
        the State, unit of general local government, or Indian tribe
        which meets the requirements of paragraph (4). The approval by
        the Secretary of any such certification shall be deemed to
        satisfy the Secretary's responsibilities pursuant to paragraph
        (1) under the National Environmental Policy Act of 1969 and
        such other provisions of law as the regulations of the
        Secretary specify insofar as those responsibilities relate to
        the release of funds for projects to be carried out pursuant
        thereto which are covered by such certification.
            ``(4) Certification.--A certification under the procedures
        authorized by this subsection shall--
                    ``(A) be in a form acceptable to the Secretary;
                    ``(B) be executed by the chief executive officer or
                other officer of the State, unit of general local
                government, or Indian tribe who qualifies under
                regulations of the Secretary;
                    ``(C) specify that the State, unit of general local
                government, or Indian tribe under this subsection has
                fully carried out its responsibilities as described
                under paragraph (2); and
                    ``(D) specify that the certifying officer--
                            ``(i) consents to assume the status of a
                        responsible Federal official under the National
                        Environmental Policy Act of 1969 and each
                        provision of law specified in regulations
                        issued by the Secretary insofar as the
                        provisions of such Act or other such provision
                        of law apply pursuant to paragraph (2); and
                            ``(ii) is authorized and consents on behalf
                        of the State, unit of general local government,
                        or Indian tribe and himself or herself to
                        accept the jurisdiction of the Federal courts
                        for the purpose of enforcement of the
                        responsibilities as such an official.
            ``(5) Approval by states.--In cases in which a unit of
        general local government carries out the responsibilities
        described in paragraph (2), the Secretary may permit the State
        to perform those actions of the Secretary described in
        paragraph (3). The performance of such actions by the State,
        where permitted, shall be deemed to satisfy the
        responsibilities referred to in the second sentence of
        paragraph (3).''.

SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS.

    Section 2007 of the Social Security Act (42 U.S.C. 1397f), as
amended by section 4, is further amended by adding after subsection (f)
the following new subsection:
    ``(g) Performance Measurement System, Reports, and Evaluations,
Grant Adjustments, and Related Matters.--
            ``(1) Applicability.--The requirements of this subsection--
                    ``(A) apply to all grants made by a State, from
                grants to the State under subsection (a)(2)(C), to lead
                implementing entities (as defined in paragraph (7)) for
                empowerment zones designated pursuant to section
                1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
                1391(g)); and
                    ``(B) are in addition to the annual report and
                biennial audit requirements applicable to States under
                section 2006.
            ``(2) Performance measurement system.--The lead
        implementing entity for an empowerment zone shall establish a
        performance measurement system acceptable to the Secretary to
        assist in assessing the extent to which its strategic plan is
        being implemented and funds made available under subsection
        (a)(2)(C) are being used effectively.
            ``(3) Performance report.--Each lead implementing entity
        shall submit to the Secretary (and make available to the public
        upon request), at such time and in such manner as the Secretary
        shall prescribe, a report including an assessment of the
        progress the empowerment zone has made toward implementing its
        strategic plan, and such other information as the Secretary
        shall prescribe. To the extent practicable, the report shall
        also include information available to the lead implementing
        entity with respect to the use of tax incentives available to
        empowerment zones designated pursuant to section 1391(g) of the
        Internal Revenue Code of 1986.
            ``(4) Performance evaluations, adjustments, and
        recordkeeping.--
                    ``(A) Performance evaluations.--The Secretary shall
                regularly evaluate the progress of the lead
                implementing entity for the empowerment zone in
                implementing the strategic plan for the zone, on the
                basis of performance reviews and any other information
                that the Secretary may require.
                    ``(B) Adjustments.--On the basis of the Secretary's
                evaluation under subparagraph (A), the Secretary may
                direct the Secretary of Health and Human Services to
                adjust, reduce, or cancel the grant to a State under
                subsection (a)(2)(C) for the current or any future
                fiscal year or years, except that amounts already
                properly expended by a lead implementing entity on
                eligible activities under this Act shall not be
                recaptured or deducted from future grants to the State.
            ``(5) Retention of records.--Each lead implementing entity
        shall keep such records relating to funds received from grants
        to the State under subsection (a)(2)(C), including the amounts
        and disposition of such funds and the types of activities
funded, as the Secretary determines to be necessary to enable the
Secretary to evaluate the performance of the lead implementing agency
and to determine compliance with the requirements of this subsection.
            ``(6) Secretary's access to documents.--The Secretary shall
        have access, for the purpose of evaluations and examinations
        pursuant to paragraph (4)(A), to any books, documents, papers,
        and records of any grantee or other entity or person that are
        pertinent to grant amounts received in connection with this
        section.
            ``(7) Definitions.--For purposes of this subsection--
                    ``(A) The term `lead implementing entity' means the
                local government or governments, the governance body of
                an empowerment zone as specified in the strategic plan,
                or any non-profit entity that is principal
                administrator of an empowerment zone.
                    ``(B) The term `Secretary' means the Secretary of
                Housing and Urban Development for purposes of grants
                under this section with respect to urban areas and
                means the Secretary of Agriculture for purposes of
                grants under this section with respect to rural areas,
                except as the context otherwise indicates.''.

SEC. 5. TECHNICAL AMENDMENTS.

    Section 2007(b) of the Social Security act is amended--
            (1) in paragraph (2), in the matter preceding subparagraph
        (A), by striking ``to prevent''; and
            (2) in paragraph (4), in the matter preceding subparagraph
        (A), by striking ``maintain'' and inserting ``maintaining''.

Output: Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to:  (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.


Input:
SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Mentor Schools
Act''.
    (b) Findings.--The Congress finds that--
            (1) while low-income students have made significant gains
        with respect to educational achievement and attainment,
        considerable gaps still persist for these students in
        comparison to those from more affluent socio-economic
        backgrounds;
            (2) our Nation has a compelling interest in assuring that
        all children receive a high quality education;
            (3) new methods and experiments to revitalize the
        educational achievement of, and opportunities for, low-income
        individuals must be a part of any comprehensive solution to the
        problems in our Nation's educational system;
            (4) successful educational alternatives should be widely
        implemented to better the education of low-income individuals;
            (5) preliminary research shows that same gender schools
        produce promising academic and behavioral improvements in both
        sexes for low-income, educationally disadvantaged students;
            (6) extensive data on same gender schools are needed to
        determine whether same gender schools are closely tailored to
        achieving the compelling government interest in assuring that
        all children are educated to the best of their ability;
            (7) in recent years efforts to experiment with same gender
        schools have been inhibited by lawsuits and threats of lawsuits
        by private groups as well as governmental entities; and
            (8) same gender schools are a legal educational alternative
        to coeducational schools and are not prohibited under the
        regulations under title IX of the Education Amendments of 1972
        (20 U.S.C. 1681 et seq.), as such regulations were in effect on
        the day preceding the date of enactment of this Act, so long
        as--
                    (A) comparable courses, services and facilities are
                available to students of each sex; and
                    (B) the same policies and criteria for admission to
                such schools are used for both sexes.
    (c) Purposes.--It is the purpose of this Act--
            (1) to award grants to local educational agencies for the
        establishment of same gender schools for low-income students;
            (2) to determine whether same gender schools make a
        difference in the educational achievement and opportunities of
        low-income, educationally disadvantaged individuals;
            (3) to improve academic achievement and persistence in
        school; and
            (4) to involve parents in the educational options and
        choices of their children.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``evaluating agency'' means any academic
        institution, consortium of professionals, or private or
        nonprofit organization, with demonstrated experience in
        conducting evaluations, that is not an agency or
        instrumentality of the Federal Government;
            (2) the term ``mentor school'' means a public elementary
        school or secondary school, or consortium of such schools,
        that--
                    (A)(i) in the case of a public elementary school or
                secondary school, receives funds under this Act; or
                    (ii) in the case of a consortium of such schools,
                all of which receive funds under this Act;
                    (B) develops a plan for, and provides access to--
                            (i) a school for boys;
                            (ii) a school for girls; and
                            (iii) a coeducational school;
                    (C) gives parents the option of choosing to send
                their child to each school described in subparagraph
                (B);
                    (D) admits students on the basis of a lottery, if
                more students apply for admission to a school described
                in clause (i) or (ii) of subparagraph (B) that can be
                accommodated;
                    (E) operates, as part of the educational program of
                a school described in clause (i) or (ii) of
                subparagraph (B), a one-to-one mentoring program that--
                            (i) involves members from the community
                        served by such school as volunteer mentors;
                            (ii) pairs an adult member of such
                        community with a student of the same gender as
                        such member; and
                            (iii) involves the collaboration of one or
                        more community groups with experience in
                        mentoring or other relationship development
                        activities; and
                    (F) operates in pursuit of improving achievement
                among all children based on a specific set of
                educational objectives determined by the local
                educational agency applying for a grant under this
                part, in conjunction with the mentor school advisory
                board established under section 3(d), and agreed to by
                the Secretary;
            (3) the term ``mentor school advisory board'' means an
        advisory board established in accordance with section 3(d); and
            (4) the term ``Secretary'' means the Secretary of
        Education.

SEC. 3. PROGRAM AUTHORIZED.

    (a) Authority.--
            (1) In general.--From amounts made available under section
        7, the Secretary is authorized to award grants to not more than
        100 local educational agencies for the planning and operation
        of one or more mentor schools.
            (2) Eligible local educational agencies.--The Secretary
        shall only award a grant under paragraph (1) to a local
        educational agency that--
                    (A) receives funds under section 1124A of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6334); and
                    (B) is among the 20 percent of local educational
                agencies receiving funds under section 1124A (20 U.S.C.
                6334) of such Act in the State that have the highest
                number of children described in section 1124(c) (20
                U.S.C. 6333(c)) of such Act.
    (b) Grant Periods.--Each grant under subsection (a) may be awarded
for a period of not more than 5 years, of which a local educational
agency may use not more than 1 year for planning and program
development for a mentor school.
    (c) Limitation.--The Secretary shall not award more than 1 grant
under this Act to support a particular mentor school.
    (d) Mentor School Advisory Board.--Each local educational agency
receiving a grant under this Act shall establish a mentor school
advisory board. Such advisory board shall be composed of school
administrators, parents, teachers, local government officials and
volunteers involved with a mentor school. Such advisory board shall
assist the local educational agency in developing the application for
assistance under section 4 and serve as an advisory board in the
functioning of the mentor school.
    (e) Alternative Teaching Certificates.--Each local educational
agency operating a mentor school under this Act is encouraged to employ
teachers with alternative teaching certificates, including participants
in the program assisted under section 1151 of title 10, United States
Code (Troops to Teachers Program).

SEC. 4. APPLICATIONS.

    (a) Applications Required.--Each local educational agency desiring
a grant under this Act shall submit an application to the Secretary at
such time, in such manner and accompanied by such information as the
Secretary may reasonably require.
    (b) Application Contents.--Each application described in subsection
(a) shall include--
            (1) a description of the educational program to be
        implemented by the proposed mentor school, including--
                    (A) the grade levels or ages of children to be
                served; and
                    (B) the curriculum and instructional practices to
                be used;
            (2) a description of the objectives of the local
        educational agency for the mentor school and a description of
        how such agency intends to monitor and study the progress of
        children participating in the mentor school;
            (3) a description of how the local educational agency
        intends to include in the mentor school administrators,
        teaching personnel, and role models from the private sector;
            (4) a description of how school administrators, parents,
        teachers, local government and volunteers will be involved in
        the design and implementation of the mentor school;
            (5) a description of the one-to-one mentoring program
        required by section 2(2)(E);
            (6) a description of how the local educational agency or
        the State, as appropriate, will provide for continued operation
        of the mentor school once the Federal grant has expired, if
        such agency determines that such school is successful;
            (7) a description of how the grant funds will be used;
            (8) a description of how students in attendance at the
        mentor school, or in the community served by such school, will
        be--
                    (A) informed about such school; and
                    (B) informed about the fact that admission to a
                school described in section 2(2)(B) is completely
                voluntary;
            (9) a description of how grant funds provided under this
        Act will be used in conjunction with funds provided to the
        local educational agency under any other program administered
        by the Secretary;
            (10) an assurance that the local educational agency will
        annually provide the Secretary such information as the
        Secretary may require to determine
         if the mentor school is making satisfactory progress toward
achieving the objectives described in paragraph (2);
            (11) an assurance that the local educational agency will
        cooperate with the Secretary in evaluating the program
        authorized by this Act;
            (12) an assurance that resources provided under this Act
        shall be used equally for schools for boys and for schools for
        girls;
            (13) an assurance that the activities assisted under this
        Act will not have an adverse affect, on either sex, that is
        caused by--
                    (A) the quality of facilities for boys and for
                girls;
                    (B) the nature of the curriculum for boys and for
                girls;
                    (C) program activities for boys and for girls; and
                    (D) instruction for boys and for girls; and
            (14) such other information and assurances as the Secretary
        may require.

SEC. 5. SELECTION OF GRANTEES.

    The Secretary shall award grants under this Act on the basis of the
quality of the applications submitted under section 4, taking into
consideration such factors as--
            (1) the quality of the proposed curriculum and
        instructional practices for the mentor school;
            (2) the organizational structure and management of the
        mentor school;
            (3) the quality of the plan for assessing the progress made
        by students served by a mentor school over the period of the
        grant;
            (4) the extent of community support for the application;
            (5) the likelihood that the mentor school will meet the
        objectives of such school and improve educational results for
        students; and
            (6) the assurances submitted pursuant to section 4(b)(13).

SEC. 6. EVALUATION.

    (a) In General.--From the amount appropriated under section 7 for
each fiscal year, the Secretary shall make available to the Comptroller
General 1 percent of such amount to enable the Comptroller General to
enter into a contract with an evaluating agency for the evaluation of
the mentor schools program under this Act. Such evaluation shall
measure the academic competence and social development of students
attending mentor schools, including school attendance levels, student
achievement levels, drop out rates, college admissions, incidences of
teenage pregnancy, and incidences of incarceration.
    (b) Report.--The evaluating agency entering into the contract
described in subsection (a) shall submit a report to the Congress not
later than September 30, 2002, regarding the results of the evaluation
conducted in accordance with such subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated
$300,000,000 for fiscal year 1996 and such sums as may be necessary for
each of the fiscal years 1997, 1998, 1999, and 2000 to carry out this
Act.
    (b) Availability.--Funds appropriated under subsection (a) shall
remain available until expended.

Output:
Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school.  Requires each local educational agency receiving such a grant to establish a mentor school advisory board.  Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program.
Sets forth requirements for:  (1) applications; (2) selection of grantees; and (3) non-Federal evaluating agencies' evaluations and reports (in contract with the Comptroller General).
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overtime Reform and Review Act''.

SEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD.

    (a) In General.--Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended--
            (1) in subsection (a)(1), by inserting ``subsection (k)
        and'' after ``subject to''; and
            (2) by adding at the end the following:
    ``(k) Requirements for Salary Threshold.--
            ``(1) In general.--In promulgating regulations for purposes
        of defining and delimiting the terms defining employees exempt
        under subsection (a)(1), the Secretary shall require that any
        employee exempt under such subsection is compensated at a rate
        that is not less than the applicable salary threshold
        established under paragraph (2).
            ``(2) Incremental increases.--
                    ``(A) Initial threshold.--The Secretary shall
                establish an applicable salary threshold, beginning on
                December 1, 2016, that is a rate of compensation equal
                to $35,984 per year, or $692 per week.
                    ``(B) Subsequent increases.--Notwithstanding
                subparagraph (A) and subject to paragraph (3), the
                applicable salary threshold established under
                subparagraph (A) may be increased to a rate of
                compensation that is equal to--
                            ``(i) beginning on December 1, 2018,
                        $39,780 per year or $765 per week;
                            ``(ii) beginning on December 1, 2019,
                        $43,628 per year or $839 per week;
                            ``(iii) beginning on December 1, 2020,
                        $47,476 per year or $913 per week; and
                            ``(iv) beginning on December 1, 2021, any
                        rate of compensation provided by the Secretary
                        in accordance with paragraph (4) and subsection
                        (l).
            ``(3) Requirements for increases.--With respect to
        nonprofit organizations (including nonprofit institutions of
        higher education), Medicare or Medicaid dependent health care
        providers, and State and local governments, the increases
        provided in clauses (i), (ii), and (iii) of paragraph (2)(B)
        shall occur only if--
                    ``(A) the Comptroller General of the United States
                conducts and submits the study under section 3 of the
                Overtime Reform and Review Act in accordance with that
                section; and
                    ``(B) not later than June 1, 2018, the Comptroller
                General, in coordination with the Secretary and the
                Chief Counsel for Advocacy of the Small Business
                Administration, certifies that the increase in the
                salary threshold under paragraph (2)(A) from the salary
                threshold in effect prior to December 1, 2016, has
                not--
                            ``(i) resulted in an increased rate of
                        part-time employment; or
                            ``(ii) negatively impacted workplace
                        flexibility, benefit structures, career
                        advancement opportunity, or job growth.
            ``(4) Salary threshold after december 1, 2021.--Not prior
        to December 1, 2021, the Secretary may issue a rule through
        notice and comment rulemaking in accordance with section 553 of
        title 5, United States Code, to change the rate of compensation
        for the applicable salary threshold under paragraph (2).
            ``(5) Rule of construction.--Nothing in this subsection
        shall require the Secretary to promulgate the regulations
        described in this subsection in accordance with the formal
        rulemaking provisions of sections 556 and 557 of title 5,
        United States Code.''.
    (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
    ``(z) `Medicare or Medicaid dependent health care provider' means
an employer who derives more than 50 percent of its revenue from
payments under the Medicare program established under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.), a State plan under
the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et
seq.), or both.''.
    (c) Effective Date.--This section, and the amendments made by this
section, shall take effect on December 1, 2016.

SEC. 3. GAO STUDY.

    (a) In General.--Not later than March 1, 2018, the Comptroller
General of the United States shall conduct, and submit in accordance
with subsection (c), a study on the implementation of the salary
threshold provided under section 13(k)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(k)(2)(A)).
    (b) Contents.--The study under this section shall include each of
the following:
            (1) The number of small entities affected by the increase
        in the salary threshold provided under section 13(k)(2)(A) of
        the Fair Labor Standards Act of 1938 compared to the salary
        threshold in effect prior to December 1, 2016.
            (2) An analysis of the impact of such increase based on
        regional, State, metropolitan, and nonmetropolitan salary data
        and cost-of-living differences.
            (3) The percentile of full-time salaried workers affected
        by such increase, including disaggregation by--
                    (A) State;
                    (B) industry subsector;
                    (C) small organizations;
                    (D) small government jurisdictions;
                    (E) nonprofit organizations;
                    (F) institutions of higher education as defined in
                section 101 of the Higher Education Act of 1965 (20
                U.S.C. 1001);
                    (G) Medicare or Medicaid dependent health care
                providers, as defined in section 3 of the Fair Labor
                Standards Act of 1938 (29 U.S.C. 203); and
                    (H) small businesses.
            (4) Management and human resource costs for all employers
        in implementing such increase.
            (5) The impact of the increase on lower-wage industries,
        including by geographic area.
            (6) All nonfinancial costs associated with the increase,
        including the impact on employment (including rates of
        unemployment and part-time employment), workplace flexibility,
        employee benefit structures, career advancement opportunity,
        new business formation and termination, and loss of market
        share to foreign competition.
            (7) The impact of the increase on the number of individuals
        in the United States who are ``marginally attached'' or
        ``discouraged'' as defined by the Bureau of Labor Statistics.
    (c) Submission.--The study under this section shall be submitted to
the Committee on Health, Education, Labor, and Pensions of the Senate,
the Committee on Education and the Workforce of the House of
Representatives, the Committee on Small Business and Entrepreneurship
of the Senate, and the Committee on Small Business of the House of
Representatives.

SEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE.

    (a) In General.--Beginning on the date of enactment of this Act, or
December 1, 2016, whichever date is earlier--
            (1) the rule submitted by the Department of Labor entitled
        ``Defining and Delimiting the Exemptions for Executive,
        Administrative, Professional, Outside Sales and Computer
        Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to
        have any force or effect;
            (2) the Secretary of Labor shall not enforce such rule
        based on conduct occurring before or after such date;
            (3) an employee shall not have any right of action against
        an employer for the employer's failure to comply with such rule
        at any time prior to or after such date; and
            (4) any regulations that were amended by such rule shall be
        restored and revived as if such rule had never taken effect.
    (b) Clarification.--Notwithstanding subsection (a), nothing in this
Act shall be construed to create a right of action for an employer
against an employee for the recoupment of any payments made to the
employee prior to the date of enactment of this Act, or December 1,
2016, whichever date is earlier, that were in compliance with the rule
described in subsection (a)(1).

SEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION.

    (a) Sense of the Senate.--It is the sense of the Senate that
section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)), including as in effect on the day before the date of
enactment of this Act--
            (1) requires the Secretary of Labor to issue a new rule
        through notice and comment rulemaking in accordance with
        section 553 of title 5, United States Code, for each specific
        and enumerated change to the salary threshold provided in
        regulations promulgated under such section 13(a)(1), proposed
        by the Secretary of Labor; and
            (2) prohibits any rule that would result in a change to the
        salary threshold for which a specific and enumerated rate of
        compensation for the salary threshold was not proposed,
        including any procedure that automatically updates the salary
        threshold.
    (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of
1938 (29 U.S.C. 213), as amended by section 2, is further amended--
            (1) in subsection (a)(1), by inserting ``in accordance with
        subsection (l)'' after ``regulations of the Secretary''; and
            (2) by adding at the end the following:
    ``(l) Requirements for Updating the Salary Threshold.--
            ``(1) In general.--For any change to the salary threshold
        provided in regulations promulgated under subsection (a)(1),
        the Secretary shall--
                    ``(A) propose a specific and enumerated rate of
                compensation required for an employee to be exempt
                under such subsection; and
                    ``(B) issue a rule through notice and comment
                rulemaking in accordance with section 553 of title 5,
                United States Code.
            ``(2) Prohibition on automatic updates.--In accordance with
        paragraph (1), the Secretary may not issue any rule that would
        result in a change to the salary threshold provided in
        regulations promulgated under subsection (a)(1) based on any
        procedure that automatically updates the salary threshold
        without taking each action required under paragraph (1).''.

Output: Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect.  This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Administration and
Improvement Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Former ninth circuit.--The term ``former ninth
        circuit'' means the ninth judicial circuit of the United States
        as in existence on the day before the effective date of this
        Act.
            (2) New ninth circuit.--The term ``new ninth circuit''
        means the ninth judicial circuit of the United States
        established by the amendment made by section 3.
            (3) Twelfth circuit.--The term ``twelfth circuit'' means
        the twelfth judicial circuit of the United States established
        by the amendment made by section 3.

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter preceding the table, by striking
        ``thirteen'' and inserting ``fourteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth
                circuit and inserting the following:

    ``Ninth........................
                                        California, Hawaii, Oregon,
                                                Washington, Guam,
                                                Northern Mariana
                                                Islands.'';
                and
                    (B) by inserting after the item relating to the
                eleventh circuit the following:

    ``Twelfth......................
                                        Alaska, Arizona, Idaho,
                                                Montana, Nevada.''.

SEC. 4. NUMBER OF CIRCUIT JUDGES.

    The table contained in section 44(a) of title 28, United States
Code, is amended--
            (1) by striking the item relating to the ninth circuit and
        inserting the following:

``Ninth.........................................................   21'';

        and
            (2) by inserting after the item relating to the eleventh
        circuit the following:

``Twelfth.......................................................    8''.

SEC. 5. PLACES OF CIRCUIT COURT.

    The table contained in section 48(a) of title 28, United States
Code, is amended by inserting after the item relating to the eleventh
circuit the following:

    ``Twelfth......................
                                        Las Vegas, Phoenix, Anchorage,
                                                Missoula.''.

SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES.

    (a) In General.--Each circuit judge of the former ninth circuit who
is in regular active service and whose official duty station on the day
before the effective date of this Act--
            (1) is in California, Oregon, Washington, Guam, Hawaii, or
        the Northern Mariana Islands shall be a circuit judge of the
        new ninth circuit as of such effective date; and
            (2) subject to subsection (b), is in Alaska, Arizona,
        Idaho, Montana, or Nevada, shall be a circuit judge of the
        twelfth circuit as of such effective date.
    (b) Election by Certain Circuit Judges.--A circuit judge in regular
active service as described in subsection (a)(2) may elect to be
permanently assigned to the new ninth circuit as of such effective date
by notifying the Director of the Administrative Office of the United
States Courts of such election.
    (c) Vacancies.--For each individual serving in the position of
circuit judge of the former ninth circuit whose official duty station
on the day before the effective date of this Act is in Alaska, Arizona,
Idaho, Montana, or Nevada, after the date on which such individual
ceases to serve as a circuit judge, the President shall appoint, by and
with the advice and consent of the Senate, 1 additional circuit judge
for the twelfth circuit, without regard to whether such individual
makes an election described in subsection (b).

SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit judge of the former ninth
circuit, whose official duty station on the day before the effective
date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may
elect to be assigned to the new ninth circuit or the twelfth circuit as
of such effective date and shall notify the Director of the
Administrative Office of the United States Courts of such election.

SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS.

    (a) In General.--For each circuit judge in regular active service
who elects to be assigned to the new ninth circuit under section 6(b),
the President shall appoint, by and with the advice and consent of the
Senate, 1 additional circuit judge for the twelfth circuit, resident in
the duty station of the circuit judge making the election as of the day
before the effective date of this Act.
    (b) Vacancies.--For each appointment made under subsection (a) for
the twelfth circuit, an equal number of corresponding vacancies in the
position of circuit judge for the twelfth circuit shall not be filled.

SEC. 9. SENIORITY OF JUDGES.

    (a) In General.--The seniority of each judge--
            (1) who elects to be assigned to the twelfth circuit under
        section 6(b);
            (2) who elects to be assigned to the new ninth circuit
        under section 6(b); or
            (3) who elects to be assigned to the twelfth circuit under
        section 7,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
    (b) Temporary Twelfth Circuit Judges.--The seniority of each judge
appointed under section 8(a) shall run from the date of commission of
such judge as a judge of the twelfth circuit.

SEC. 10. APPLICATION TO CASES.

    The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
            (1) Except as provided in paragraph (3), if the matter has
        been submitted for decision, further proceedings with respect
        to the matter shall be had in the same manner and with the same
        effect as if this Act had not been enacted.
            (2) If the matter has not been submitted for decision, the
        appeal or proceeding, together with the original papers,
        printed records, and record entries duly certified, shall, by
        appropriate orders, be transferred to the court to which the
        matter would have been submitted had this Act been in full
        force and effect on the date on which such appeal was taken or
        other proceeding commenced, and further proceedings with
        respect to the case shall be had in the same manner and with
        the same effect as if the appeal or other proceeding had been
        filed in such court.
            (3) If a petition for rehearing en banc is pending on or
        after the effective date of this Act, the petition shall be
        considered by the court of appeals to which the petition would
        have been submitted had this Act been in full force and effect
        on the date on which the appeal or other proceeding was filed
        with the court of appeals.

SEC. 11. ADMINISTRATION.

    (a) In General.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this Act may take
such administrative action as may be required to carry out this Act and
the amendments made by this Act.
    (b) Administrative Termination.--The court described in subsection
(a) shall cease to exist for administrative purposes 2 years after the
effective date of this Act.

SEC. 12. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 1
year after the date of enactment of this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary to provide appropriate space
and facilities for any judicial positions created by this Act or an
amendment made by this Act.

Output: Judicial Administration and Improvement Act of 2016 [sic] This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, and Nevada. The bill designates locations where the new circuits are to hold regular sessions.  The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Circuit judges and senior circuit judges currently stationed in Alaska, Arizona, Idaho, Montana, or Nevada may elect their circuit assignment. For each circuit judge in regular service who elects to be assigned to the new Ninth Circuit, the President shall appoint one additional circuit judge for the Twelfth Circuit.


Input:
SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER
              SECURITIES.

    (a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end
of the following new subsection:
    ``(e) Notice of High Concentration of Plan Assets In Employer
Securities.--
            ``(1) In general.--In the case of an individual account
        plan to which this subsection applies, if the percentage of
        assets in the individual account that consists of employer
        securities and employer real property exceeds 50 percent of the
        total account, the plan administrator shall include with the
        account statement a notice that the account may be overinvested
        in employer securities and employer real property. Any
        determination under this paragraph shall be made as of the most
        recent valuation date under the plan.
            ``(2) Exclusion of assets held through pooled investment
        vehicles.--Employer securities and employer real property held
        through an investment option of the plan which is not designed
        to invest primarily in employer securities or employer real
        property shall not be taken under paragraph (1) is determining
        the percentage of assets that consist of employer securities
        and employer real property.
            ``(3) Application.--
                    ``(A) In general.--This subsection shall apply to
                any individual account plan which--
                            ``(i) holds employer securities which are
                        readily tradable on an established securities
                        market, and
                            ``(ii) permits a participant or beneficiary
                        to exercise control over assets in the
                        individual's account.
                    ``(B) Exception for esops.--This subsection shall
                not apply to an employee stock ownership plan (as
                defined in section 4795(e)(7)) of the Internal Revenue
                Code of 1986) if the plan has no contributions which
                are subject to section 401 (k) or (m) of such Code.
            ``(4) Employer securities and real property.--For purposes
        of this subsection, the terms `employer securities' and
        `employer real property' have the meanings given such terms by
        paragraphs (1) and (2) of section 407(d), respectively.''
    (b) Penalty.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``(6), or (7)'' and
        inserting ``(6), (7), or (8)'',
            (2) by redesignating paragraph (8) of subsection (c) as
        paragraph (9), and
            (3) by inserting after paragraph (7) the following new
        paragraph:
            ``(8) The Secretary may assess a civil penalty against a
        plan administrator of up to $100 a day from the date of the
        plan administrator's failure or refusal to provide notice to
        participants and beneficiaries in accordance with section
        105(e). For purposes of this paragraph, each violation with
        respect to any single participant or beneficiary shall be
        treated as a separate violation.''
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2002.

SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES.

    (a) In General.--Subsection (m) of section 132 of the Internal
Revenue Code of 1986 (defining qualified retirement services) is
amended by redesignating paragraphs (2) and (3) as paragraphs (5) and
(6), respectively, and by inserting after paragraph (1) the following:
            ``(2) Limitations.--
                    ``(A) Dollar limitation.--The aggregate amount
                which may be excluded with respect to qualified
                retirement planning services provided to any individual
                during a taxable year shall not exceed $1,500.
                    ``(B) Adjusted gross income.--No amount may be
                excluded with respect to qualified retirement planning
                services provided during a taxable year if the modified
                adjusted gross income of the taxpayer for such taxable
                year exceeds $100,000 ($200,000 in the case of married
                individuals filing a joint return). For purposes of
                this subparagraph, the term `modified adjusted gross
                income' means adjusted gross income, determined without
                regard to this section and sections 911, 931, and 933.
            ``(3) Cash reimbursements.--For purposes of this subsection
        the term `qualified retirement planning services' includes a
        cash reimbursement by an employer to an employee for a benefit
        described in paragraph (1).
            ``(4) No constructive receipt.--No amount shall be included
        in the gross income of any employee solely because the employee
        may choose between any qualified retirement planning services
        provided by a qualified investment advisor and compensation
        which would otherwise be includible in the gross income of such
        employee. The preceding sentence shall apply to highly
        compensated employees only if the choice described in such
        sentence is available on substantially the same terms to each
        member of the group of employees normally provided education
        and information regarding the employer's qualified employer
        plan.''
    (b) Conforming Amendments.--
            (1) Section 403(b)(3)(B) of such Code is amended by
        inserting ``132(m)(4),'' after ``132(f)(4),''.
            (2) Section 414(s)(2) of such Code is amended by inserting
        ``132(m)(4),'' after ``132(f)(4),''.
            (3) Section 415(c)(3)(D)(ii) of such Code is amended by
        inserting ``132(m)(4),'' after ``132(f)(4),''.
    (c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002.

Output: Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401(k) and similar plans) which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account.Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles; and (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC).Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 ($200,000 for married individuals filing a joint return). Provides that no amount (constructive receipt) shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.