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Export-Import Bank Reauthorization Act of 2014 - Amends the Export-Import Bank Act of 1945 to reauthorize the Export-Import Bank of the United States through FY2019. Extends, for FY2015-FY2019, the Bank's authority to use a specified amount of its surplus for information technology system updates. Extends, through FY2019, the termination date of the sub-Saharan Africa advisory committee. Prescribes limitations on outstanding Bank loans, guarantees, and insurance for FY2015-FY2018 and each fiscal year thereafter. Extends, through FY2019, Bank authority to provide financing for the export of nonlethal defense articles and defense services whose primary end use is for civilian purposes. Directs the Bank to submit to Congress and the Comptroller General (GAO) a business plan that includes an estimate of the Bank's appropriate exposure limits for FY2015-FY2019. Directs GAO to study the Bank's medium-term financing programs. | 113 S2709 PCS: Export-Import Bank Reauthorization Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 502 113th CONGRESS 2d Session S. 2709 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Manchin Mr. Kirk Mr. Blunt Mr. Donnelly Mr. Warner Ms. Cantwell Mr. Johnson of South Dakota Mr. Kaine July 31, 2014 Read the second time and placed on the calendar A BILL To extend and reauthorize the Export-Import Bank of the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Export-Import Bank Reauthorization Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of authority. Sec. 3. Information technology systems. Sec. 4. Sub-Saharan Africa advisory committee. Sec. 5. Limitations on loans, guarantees, and insurance. Sec. 6. Dual-use exports. Sec. 7. Exposure limit business plan. Sec. 8. Government Accountability Office study on medium-term financing programs. 2. Extension of authority Section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f 2014 2019 3. Information technology systems Section 3(j) of the Export-Import Bank Act of 1945 (12 U.S.C 635a(j)) is amended by striking 2012, 2013, and 2014 2015, 2016, 2017, 2018, and 2019 4. Sub-Saharan Africa advisory committee Section 2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(9)(B)(iii) 2014 2019 5. Limitations on loans, guarantees, and insurance Section 6(a)(2) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a)(2) (1) by striking subparagraphs (A) through (E); (2) by redesignating subparagraph (F) as subparagraph (A); (3) in subparagraph (A), as redesignated by paragraph (2)— (A) in the matter preceding clause (i), by striking fiscal year 2012 and each succeeding fiscal year fiscal years 2012, 2013, and 2014 (B) in clause (ii)(III), by striking the period at the end and inserting ; and (4) by adding at the end the following: (B) during fiscal year 2015 and each fiscal year thereafter, $145,000,000,000, except that— (i) the applicable amount for fiscal year 2016 shall be $150,000,000,000 if— (I) the Bank submitted the report required by section 7(a) of the Export-Import Bank Reauthorization Act of 2014 (II) the Secretary of the Treasury submitted the report required to be submitted during the preceding fiscal year under section 11(b) of the Export-Import Bank Reauthorization Act of 2012 ( 12 U.S.C. 635a–5(b) (III) the rate calculated under section 8(g)(1) of this Act is less than 2 percent for the quarter ending with the beginning of the fiscal year, or for any quarter in the fiscal year; and (ii) the applicable amount for fiscal year 2017 shall be $155,000,000,000, and the applicable amount for fiscal year 2018 and each fiscal year thereafter shall be $160,000,000,000, if— (I) the Secretary of the Treasury submitted the report required to be submitted during the preceding fiscal year under section 11(b) of the Export-Import Bank Reauthorization Act of 2012 ( 12 U.S.C. 635a–5(b) (II) the rate calculated under section 8(g)(1) of this Act is less than 2 percent for the quarter ending with the beginning of the fiscal year, or for any quarter in the fiscal year. . 6. Dual-use exports Section 1(c) of Public Law 103–428 12 U.S.C. 635 2014 2019 7. Exposure limit business plan (a) In general Not later than 180 days after the date of the enactment of this Act, the Export-Import Bank of the United States shall submit to Congress and the Comptroller General of the United States a report that contains the following: (1) A business plan that includes— (A) an estimate by the Bank of the appropriate exposure limits of the Bank for fiscal years 2015 through 2019; (B) a justification for the estimate; and (C) an estimate of any anticipated growth of the Bank during fiscal years 2015 through 2019, disaggregated by— (i) industry sector; (ii) whether the products involved are short-term loans, medium-term loans, long-term loans, insurance, medium-term guarantees, or long-term guarantees; and (iii) key market. (2) An analysis of the potential for increased or decreased risk of loss to the Bank as a result of the estimated exposure limit, including an analysis of increased or decreased risks associated with changes in the composition of Bank exposure, disaggregated by industry sector, product offered, and key market. (3) An analysis of the ability of the Bank to meet its mandates with respect to small business and sub-Saharan Africa and comply with its carbon policy mandate under the proposed exposure limit, and an analysis of any increased or decreased risk of loss associated with meeting or complying with the mandates under the proposed exposure limit. (4) An analysis of the adequacy of the resources of the Bank to effectively process, approve, and monitor authorizations, including the conducting of required economic impact analyses, under the proposed exposure limit. (b) Review of report and business plan by Government Accountability Office Not later than 180 days after receiving the report and business plan submitted under subsection (a), the Comptroller General of the United States shall submit to Congress a report analyzing the report and business plan. The report of the Comptroller General shall include such recommendations with respect to the report and business plan as the Comptroller General considers appropriate. 8. Government Accountability Office study on medium-term financing programs (a) Study The Comptroller General of the United States shall conduct a study of the medium-term financing programs of the Export-Import Bank of the United States— (1) to identify practices that may pose risks to the taxpayer, the soundness of such programs, or compliance with Bank policies; (2) to identify practices that may limit the use of such programs by businesses qualified for such programs; and (3) to assess any steps the Bank has taken to address practices identified under paragraph (1) or (2). (b) Consideration of past findings In conducting the study required by subsection (a), the Comptroller General shall consider past findings by the Inspector General of the Export-Import Bank of the United States on the matters covered by the study. (c) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the results of the study required by subsection (a). The report shall include such recommendations for additional action as the Comptroller General considers appropriate. July 31, 2014 Read the second time and placed on the calendar | Export-Import Bank Reauthorization Act of 2014 |
Philanthropic Enterprise Act of 2014 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income for the charitable purpose (all profits to charity), and independent operation (i.e., not controlled by a substantial contributor or family members) from the excise taxes on excess business holdings and unrelated business income. | 113 S2710 IS: Philanthropic Enterprise Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2710 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Menendez Mr. Thune Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exempt private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other purposes. 1. Short title This Act may be cited as the Philanthropic Enterprise Act of 2014 2. Exception from private foundation excess business holding tax for certain philanthropic business holdings (a) In general Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Exception for certain philanthropic business holdings (1) In general Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets— (A) the exclusive ownership requirements of paragraph (2), (B) the all profits to charity requirement of paragraph (3), and (C) the independent operation requirements of paragraph (4). (2) Exclusive ownership The exclusive ownership requirements of this paragraph are met if— (A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and (B) all the private foundation’s ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. (3) All profits to charity (A) In general The all profits to charity requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. (B) Net operating income For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of— (i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, (ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and (iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. (4) Independent operation The independent operation requirements of this paragraph are met if, at all times during the taxable year— (A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), (B) at least a majority of the board of directors of the private foundation are not— (i) also directors or officers of the business enterprise, or (ii) members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and (C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). (5) Certain deemed private foundations excluded This subsection shall not apply to— (A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), (B) any trust described in section 4947(a)(1) (relating to charitable trusts), and (C) any trust described in section 4947(a)(2) (relating to split-interest trusts). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Exception to unrelated business tax on specified payments from certain controlled entities (a) In general Paragraph (13) of section 512(b) (G) Subparagraph not to apply to payments from certain philanthropic controlled entities Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | Philanthropic Enterprise Act of 2014 |
United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 - Amends the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom through September 30, 2016. Directs the Commission, during an initial election, to elect: (1) as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and (2) as Vice Chair a Commissioner appointed by an elected official of the political party of the President. Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Requires the Ambassador at Large to be notified in advance of all Commission meetings. Allows the Ambassador to attend all meetings as a nonvoting member. Removes authority under which a Commission member may serve after the expiration of that member's term until a successor has taken office. Requires approval by at least six of the nine members of the Commission before: (1) issuance of a statement on behalf of the Commission, or (2) submittal of policy recommendation reports to the President, the Secretary of State, and Congress. Permits each member to include individual or dissenting views. Authorizes elected officials to appoint majority and minority staff directors for the Commission, as well as professional staff for the political parties. (Currently, the Commission appoints a single executive director and is served by nonpartisan staff.) | 113 S2711 IS: United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2711 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Durbin Committee on Foreign Relations A BILL To reauthorize the United States Commission on International Religious Freedom, and for other purposes. 1. Short title This Act may be cited as the United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 2. Establishment and composition (a) Leadership Subsection (d) of section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended to read as follows: (d) Election of chair At the first meeting of the Commission after May 30 of each year, a majority of the Members of the Commission present and voting shall elect the Chair and Vice Chair of the Commission, subject to the following requirements: (1) Initial elections At the first meeting of the Commission after May 30, 2015, the Members of the Commission shall elect as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and as Vice Chair a Commissioner appointed by an elected official of the political party of the President. (2) Future elections At the first meeting of the Commission after May 30, 2016, the Members of the Commission shall elect as Chair a Commissioner appointed by an elected official of the political party of the President, and as Vice Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President. Thereafter, positions of Chair and Vice Chair shall continue to rotate on an annual basis between Commissioners appointed by elected officials of each political party. (3) Term limits No Member of the Commission is eligible to be elected as Chair of the Commission for a second term, and no Member of the Commission is eligible to be elected as Vice Chair of the Commission for a second term. . (b) Attendance at meetings of ambassador at large for international religious freedom Subsection (f) of such section ( 22 U.S.C. 6431(f) The Ambassador at Large shall be given advance notice of all Commission meetings and may attend all Commission meetings as a non-voting Member of the Commission. (c) Appointments in cases of vacancies Subsection (g) of such section ( 22 U.S.C. 6431(g) 3. Powers of the commission Section 203(e) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432a (e) Views of the commission The Members of the Commission may speak in their capacity as private citizens. Statements on behalf of the Commission shall be issued in writing over the names of the Members. Members of the Commission shall make every effort to reach consensus on all statements on behalf of the Commission, including testimony, press releases, and articles by Commissioners or Commission staff. When a statement supported by all Commissioners is not possible, the Commission shall issue a statement only if such statement is approved by an affirmative vote of at least six of the nine Members of the Commission and each Member of the Commission may include the individual or dissenting views of the Member. The Commission shall in its written statements clearly describe its statutory authority, distinguishing that authority from that of appointed or elected officials of the United States Government. Oral statements, where practicable, shall include a similar description. . 4. Commission personnel matters (a) Staff directors Section 204 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432b (a) Committee functions Subject to subsection (c), the Commission may appoint and fix the pay of such staff personnel as it deems desirable. All decisions pertaining to the hiring, firing, and fixing of pay of personnel of the Commission shall be by an affirmative vote of at least six of the nine Members of the Commission, except that— (1) Members of the Commission appointed by an elected official of the political party of the President, by a majority vote thereof, shall be entitled to appoint, terminate, and fix the pay of a Majority Staff Director and shall have the authority to appoint, terminate, and fix the pay of three professional staff members who shall be responsible to the Members of the Commission of the political party of the President; and (2) Members of the Commission appointed by an elected official of the political party that is not the political party of the President, by a majority vote thereof, shall be entitled to appoint, terminate, and fix the pay of a Minority Staff Director and shall have the authority to appoint, terminate, and fix the pay of three professional staff members who shall be responsible to the Members of the Commission of the political party that is not the political party of the President. (b) Staff appointments and compensation All staff appointments shall be made without regard to the provisions of chapter 51 and subchapter III of chapter 53 (c) Qualifications of professional staff The Commission shall ensure that the professional staff of the Commission consists of persons with expertise in areas relevant to the issue of international religious freedom, including foreign affairs, direct experience abroad, human rights, and international law. . (b) Conforming amendments Subsection (e) of such section ( 22 U.S.C. 6432b(e) The Executive Director The Majority Staff Director and the Minority Staff Director 5. Report of commission (a) Report publication date Section 205(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6433(a) Not later than May 1 of each year Each year, not earlier than 30 days after, and not later than 90 days after, the publication of the Department of State's Annual Report on International Religious Freedom (b) Consensus on reports Section 205(c) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6433(c) (c) Individual or dissenting views Members of the Commission shall make every effort to reach consensus on the report. When a report supported by all Commissioners is not possible, the report shall be approved by an affirmative vote of at least six of the nine Members of the Commission and each Member of the Commission may include the individual or dissenting views of the Member. . 6. Authorization of appropriations Section 207(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6435(a) 2014 2016 7. Termination Section 209 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6436 September 30, 2014 September 30, 2016 | United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 |
Adjunct Faculty Loan Fairness Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to treat part-time teachers as public service employees, for purposes of the William D. Ford Federal Direct Loan forgiveness program for public service employees, if they: (1) teach at least one course at an institution of higher education, a postsecondary vocational institution, or a Tribal College or University; and (2) do not have another full-time job. (Public service employees must make 120 monthly payments on such loans as public service employees to qualify for Direct Loan forgiveness under the program.) | 113 S2712 IS: Adjunct Faculty Loan Fairness Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2712 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To amend section 455(m) of the Higher Education Act of 1965 in order to allow adjunct faculty members to qualify for public service loan forgiveness. 1. Short title This Act may be cited as the Adjunct Faculty Loan Fairness Act of 2014 2. Loan forgiveness for adjunct faculty Section 455(m)(3)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(3)(B)(ii) (1) by striking teaching as teaching— (I) as ; (2) by striking , foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. and foreign language faculty), as determined by the Secretary; or (3) by adding at the end the following: (II) as a part-time faculty member or instructor who— (aa) teaches not less than 1 course at an institution of higher education (as defined in section 101(a)), a postsecondary vocational institution (as defined in section 102(c)), or a Tribal College or University (as defined in section 316(b)); and (bb) is not employed on a full-time basis by any other employer. . | Adjunct Faculty Loan Fairness Act of 2014 |
World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins to commemorate the centennial of the involvement of the United States in World War I, and (2) hold a competition and provide compensation for its winner to design the obverse and reverse of the coins. Requires the design of such coins to be emblematic of the centennial of the involvement of the United States in World War I. Permits the Secretary to issue such coins only during the period beginning on January 1, 2018, and ending on December 31, 2018. Subjects the coin sales to a surcharge of $10 per coin, payable by the Secretary to the World War I Centennial Commission. | 113 S2714 IS: World War I American Veterans Centennial Commemorative Coin Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2714 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Blunt Mrs. McCaskill Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of World War I. 1. Short title This Act may be cited as the World War I American Veterans Centennial Commemorative Coin Act 2. Findings; purpose (a) Findings Congress finds that— (1) the year 2018 is the 100th anniversary of the signing of the armistice with Germany ending World War I battlefield hostilities; (2) on April 6, 1917, the United States entered World War I by declaring war against Germany; (3) 2,000,000 American soldiers served overseas during World War I; (4) more than 4,000,000 men and women from the United States served in uniform during World War I; (5) the events of 1914 through 1918 shaped the world and the lives of millions of people for decades; (6) more than 9,000,000 soldiers worldwide lost their lives between 1914 and 1918; (7) the centennial of the involvement of the United States in World War I offers an opportunity for people in the United States to commemorate the commitment of their predecessors; (8) Frank Buckles, the last American veteran from World War I, died on February 27, 2011; (9) Mr. Buckles was the last direct American link to the war to end all wars (10) while other great conflicts, including the Civil War, World War II, the Korean War, and the Vietnam War, have all been memorialized on United States commemorative coins, there currently is no coin to honor the brave veterans of World War I; and (11) the 112th Congress established the World War I Centennial Commission to plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (b) Purposes The purposes of this Act are to— (1) commemorate the centennial of the involvement of the United States in World War I; and (2) honor the more than 4,000,000 men and women from the United States who served during World War I. 3. Coin specifications (a) $1 silver coins The Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (c) Numismatic items For purposes of sections 5134 5136 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the centennial of the involvement of the United States in World War I. (2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2018 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a design competition described in subsection (c). (c) Design competition (1) In general The Secretary shall hold a competition and provide compensation for the winner of the contest to design the obverse and reverse of the coins minted under this Act. (2) Manner of competition The competition required by this subsection shall be held in the following manner: (A) The competition shall be judged by an expert jury— (i) chaired by the Secretary; and (ii) consisting of— (I) 3 members from the Citizens Coinage Advisory Committee, who shall be elected by the Committee; and (II) 3 members from the Commission of Fine Arts, who shall be elected by the Commission. (B) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (C) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2018, and ending on December 31, 2018. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) (c) Unused funds upon termination If, upon the termination of the World War I Centennial Commission, there remains a balance of funds from surcharges received from the Secretary pursuant to this section, the Commission shall transfer the funds to the general fund of the Treasury. (d) Audits The World War I Commission shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (e) Limitation (1) In general Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of the issuance, the issuance of the coin would result in the number of commemorative coin programs issued during the calendar year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) (2) Guidance The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) 5134(f) | World War I American Veterans Centennial Commemorative Coin Act |
Aleut Confinement and Relocation Sites Study Act - Directs the Secretary of the Interior to conduct a special resource study to determine whether the following sites are suitable for inclusion in the National Park System: (1) the World War II Aleut relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute in Alaska; and (2) the villages of Makushin, Kashega, and Biorka around Unalaska Island and Attu on Attu Island in Alaska, from which the Aleut people were forcibly removed. Requires the Secretary to: evaluate the national significance of the sites; determine the suitability and feasibility of designating those sites as units of the National Park System; consider alternatives for preservation, protection, and interpretation of the land comprising those sites; and identify cost estimates for any federal acquisition, development, interpretation, operation, and maintenance associated with carrying out such alternatives. | 113 S2716 IS: Aleut Confinement and Relocation Sites Study Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2716 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Begich Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of adding the sites associated with the forced relocation and confinement of the Aleut people during World War II in the State of Alaska as a unit of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Aleut Confinement and Relocation Sites Study Act 2. Aleut confinement and relocation sites study (a) Definitions In this Act: (1) Secretary The term Secretary (2) State The term State (b) Study The Secretary shall conduct a special resource study of the following sites to determine whether any of the sites may be suitable for inclusion in the National Park System: (1) The 5 World War II Aleut relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute in the State. (2) The following villages in the State from which the Aleut people were forcibly removed and which were so depopulated and so significantly damaged by miliary activity and weather that the villages effectively could not be resettled after World War II: (A) Makushin, Kashega, and Biorka around Unalaska Island. (B) Attu on Attu Island. (c) Contents In conducting the study under subsection (b), the Secretary shall— (1) evaluate the national significance of the sites described in paragraphs (1) and (2) of subsection (b); (2) determine the suitability and feasibility of designating those sites as one or more units of the National Park System; (3) consider alternatives for preservation, protection, and interpretation of the land comprising those sites by Federal, State, or local governments or private or nonprofit organizations; (4) consult with any interested governments or organizations described in paragraph (3) or any other interested individual; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with carrying out the alternatives described in paragraph (3). (d) Applicable law The study under subsection (b) shall be conducted in accordance with section 8 of the National Park System General Authorities Act ( 16 U.S.C. 1a–5 (e) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (b), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. (f) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. | Aleut Confinement and Relocation Sites Study Act |
Cyber Information Sharing Tax Credit Act - Amends the Internal Revenue Code to allow a refundable tax credit for qualified Information Sharing and Analysis Organization costs (defined as the sum of dues for membership in the Organization, personnel participation costs, product and service costs directly related to the sharing of information with the Organization, and other amounts [not including amounts for travel] relating to participation in activities of the Organization). | 113 S2717 IS: Cyber Information Sharing Tax Credit Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2717 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code to provide a refundable credit for costs associated with Information Sharing and Analysis Organizations. 1. Short title This Act may be cited as the Cyber Information Sharing Tax Credit Act 2. Information sharing and analysis organization credit (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Information sharing and analysis organization credit (a) In general There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the qualified Information Sharing and Analysis Organization costs paid or incurred by the taxpayer during such taxable year. (b) Qualified Information Sharing and Analysis Organization costs For purposes of this section— (1) In general The term qualified Information Sharing and Analysis Organization costs (A) dues for membership in an Information Sharing and Analysis Organization, (B) personnel participation costs, (C) product and service costs directly related to the sharing of information with the Information Sharing and Analysis Organization, and (D) other amounts (not including amounts for travel) relating to participation in activities of the Information Sharing and Analysis Organization. (2) Personnel participation costs The term personnel participation costs (3) Information Sharing and Analysis Organization The term Information Sharing and Analysis Organization . (b) Conforming amendment Paragraph (2) of section 1324(b) , 36C 36B (c) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Information sharing and analysis organization credit. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2014. | Cyber Information Sharing Tax Credit Act |
Manufacturing Universities Act of 2014 - Authorizes the National Institute of Standards and Technology (NIST) to establish a program to designate up to 25 institutions of higher education as U.S. manufacturing universities that are to be awarded funds over a four-year period. Requires an institution applying for such program to submit a plan describing its engineering programs, its relationship to manufacturing industries, and its ability to positively impact local and regional economic development. Requires NIST to recommend adaptations to certain Small Business Act programs to assist small businesses that collaborate with such universities. | 113 S2719 IS: Manufacturing Universities Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2719 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Coons Mr. Graham Committee on Health, Education, Labor, and Pensions A BILL To emphasize manufacturing in engineering programs by directing the National Institute of Standards and Technology, in coordination with other appropriate Federal agencies including the Department of Defense, Department of Energy, and National Science Foundation, to designate United States manufacturing universities. 1. Short title This Act may be cited as the Manufacturing Universities Act of 2014 2. Manufacturing Universities (a) Definitions In this section: (1) Director The term Director (2) Institution of higher education The term institution of higher education (3) Manufacturing industry The term manufacturing industry (4) United States manufacturing university The term United States manufacturing university (b) Manufacturing university program (1) Authorization The Director is authorized to establish a program to designate an institution of higher education as a United States manufacturing university. The Director, in coordination with the heads of other Federal agencies (including the Secretary of Defense, the Secretary of Energy, and the Director of the National Science Foundation), shall designate not more than 25 institutions of higher education as United States manufacturing universities. The Director shall award designations not earlier than January 1, 2015, and not later than March 31, 2015. (2) Funds provided An institution of higher education that receives a designation under paragraph (1) shall be awarded $5,000,000 for each fiscal year for a 4-year period beginning in the fiscal year in which the institution of higher education receives the designation under paragraph (1). (3) Use of funds Funds provided to an institution of higher education under this subsection shall be used to carry out the goals and meet the targets described in subsection (c)(2)(B). (c) Application (1) In general An institution of higher education desiring a designation under subsection (b)(1) shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) submit data describing, as of the date of submission of the application— (i) the engineering programs offered by the institution of higher education, including any focus on manufacturing engineering and curricula related to manufacturing industries; (ii) current joint projects relating to engineering between firms in the manufacturing industry and the institution of higher education; (iii) the percentage of students in the engineering program of the institution of higher education who participated in for-credit internship, cooperative education, or other similar programs with manufacturing firms in the most recent academic year for which information is available; (iv) the percentage of students enrolled at the institution of higher education who received a bachelor’s degree, a master’s degree, or a doctoral degree in engineering in the most recent academic year for which information is available, and a description of which engineering discipline each recipient of such degree studied; (v) the amount and purpose of research and development funding that manufacturing firms have provided to the institution of higher education for each of the 3 years preceding the date of submission of the application; (vi) the percentage of recent master’s degree or doctoral degree graduates of the institution of higher education who have begun careers related to manufacturing and a description of— (I) the institution's involvement in manufacturing startups; and (II) any new manufacturing businesses created by recent master’s degree or doctoral degree graduates in the 3 years preceding the date of submission of the application; and (vii) the extent and a description of other programs at the institution of higher education related to manufacturing and entrepreneurship; and (B) submit a plan, including specific targets and goals to be achieved not later than 4 years after the date of designation under subsection (b)(1), describing— (i) how the engineering programs offered by the institution of higher education will be improved to emphasize manufacturing engineering and curricula related to manufacturing industries; (ii) how the institution of higher education will increase the number of joint projects relating to engineering between manufacturing firms and the institution of higher education; (iii) how the institution of higher education will increase the number of students in the engineering program of the institution who participate in for-credit internship, cooperative education, or other similar programs in manufacturing firms; (iv) how the institution of higher education will increase the number of students who are United States citizens or permanent residents enrolled at the institution who receive a bachelor’s degree, a master’s degree, or a doctoral degree in engineering or applied science, in particular disciplines related to manufacturing, including chemical, electrical, mechanical, industrial, mechatronics, computer, biomedical, and nano engineering, as well as materials science, computer science, and applied mathematics; (v) how the institution of higher education will cover the costs of equipment and facilities related to its proposal and how it will increase funding from industry for research and development related to manufacturing; (vi) how the institution of higher education will increase the number of students who receive a degree from the institution of higher education who launch a new manufacturing business, as defined by the Bureau of Economic Analysis as the North American Industry Classification System code 3111 to 3399; (vii) how the institution of higher education will oversee interdisciplinary programs relating to advancing manufacturing productivity and innovation across various university colleges, departments, and programs; (viii) how the institution of higher education will designate an appropriate individual to oversee and coordinate the activities committed to as a part of the universities outlined manufacturing university Chief Manufacturing Officer (ix) how the manufacturing engineering program can positively impact local and regional economic development; and (x) how the participating institutions and departments, particularly within engineering and business, will recognize and reward faculty, including through decisions of tenure, for developing innovative new means to increase interactions with manufacturing companies. (d) Administration of program (1) General policies The Director shall establish and publish general policies regarding— (A) review of applications; (B) criteria for selection of institutions of higher education to receive a designation under subsection (b)(1); (C) procedures and criteria for the review required in paragraph (2); and (D) such other matters as the Director may prescribe. (2) Review (A) In general Not later than 2 years after the date an institution of higher education receives a designation under subsection (b)(1), the Director shall conduct a review of the progress the institution of higher education has made toward the targets and goals described in subsection (c)(2)(B). If the Director determines that the institution of higher education is making adequate progress toward such targets and goals, funds provided under subsection (b)(1) shall continue for the remainder of the designation period. (B) Progress report Each institution of higher education receiving a designation under subsection (b)(1) shall submit a report each year that includes information on the progress the institution is making toward the targets and goals described in subsection (c)(2)(B). (C) Renewal An institution of higher education receiving a designation under subsection (b)(1) shall not be eligible to receive funds under subsection (b)(2) after the expiration of the 4-year period. (3) Report required Not later than September 30 of each year, the Director shall submit to Congress a report that includes— (A) a list of the institutions of higher education that have received a designation under subsection (b)(1); and (B) a description of the progress such institutions of higher education have made toward the targets and goals described in subsection (c)(2)(B). (e) Assistance for small businesses Not later than 6 months after the date of enactment of this Act, the Director, in cooperation with the Administrator of the Small Business Administration, shall make recommendations on how the programs established under Phase III of the Small Business Act ( 15 U.S.C. 638 (f) Authorization of appropriations There are authorized to be appropriated $125,000,000 for each of fiscal years 2015, 2016, 2017, and 2018 to carry out the provisions of this section. | Manufacturing Universities Act of 2014 |
Natural Gas Long Haul Truck Competitiveness Act of 2014 - Directs the Secretary of Transportation (DOT) to issue regulations to allow natural gas vehicles to exceed any federal weight limitations to operate on the Interstate Highway System by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system and the weight of a comparable diesel tank and fueling system. | 113 S2721 IS: Natural Gas Long Haul Truck Competitiveness Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2721 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Inhofe Mr. Donnelly Committee on Environment and Public Works A BILL To amend title 23, United States Code, with respect to weight limitations for natural gas vehicles, and for other purposes. 1. Short title This Act may be cited as the Natural Gas Long Haul Truck Competitiveness Act of 2014 2. Weight limitations for natural gas vehicles Section 127 (j) Natural gas vehicles Not later than 90 days after the date of enactment of this subsection, the Secretary shall issue regulations under section 553 (1) the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and (2) the weight of a comparable diesel tank and fueling system. . | Natural Gas Long Haul Truck Competitiveness Act of 2014 |
Protecting Our Infants Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to study maternal opiate abuse and neonatal abstinence syndrome, identify gaps in evidence-informed recommendations for health care professionals and facilities regarding neonatal abstinence syndrome, and identify priority areas for additional research. Requires the Director of the Centers for Disease Control and Prevention (CDC) to assist states in collecting data on neonatal abstinence syndrome, including incidence, causes, and demographics. Directs the Comptroller General (GAO) to evaluate the effectiveness of federal activities regarding substance abuse treatment for pregnant women and their children. | 113 S2722 IS: Protecting Our Infants Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2722 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. McConnell Committee on Health, Education, Labor, and Pensions A BILL To facilitate identification and dissemination of evidence-informed recommendations for addressing maternal addiction and neonatal abstinence syndrome and to provide for studies with respect to neonatal abstinence syndrome. 1. Short title This Act may be cited as the Protecting Our Infants Act of 2014 2. Evidence-informed recommendations with respect to maternal addiction and neonatal abstinence syndrome (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (1) identification and compilation of evidence-informed recommendations for physicians, nurses, and hospital facilities with respect to neonatal abstinence syndrome; and (2) identification of any gaps, as appropriate, in such evidence-informed recommendations that may require additional research or analysis with respect to— (A) screening and intervention for maternal substance abuse, including the misuse or abuse of prescription drugs in women of childbearing age and pregnant women; (B) treatment for pregnant and postpartum women with a substance use disorder, including the misuse or abuse of prescription drugs; (C) screening of infants for neonatal abstinence syndrome and for the risk of developing neonatal abstinence syndrome; (D) treatment for infants with neonatal abstinence syndrome, including evidence-informed recommendations surrounding evaluation and treatment with pharmacological and non-pharmacological interventions; and (E) ongoing treatment, services, and supports for postpartum women with a substance use disorder, including misuse or abuse of prescription drugs, and infants and children with neonatal abstinence syndrome. (b) Input In carrying out subsection (a), the Secretary shall consider input from stakeholders, such as health professionals, public health officials, and law enforcement. (c) Dissemination of information The Secretary shall disseminate to appropriate stakeholders in States and local communities the evidence-informed recommendations identified under subsection (a). (d) Addressing Research Needs for Maternal Addiction and Neonatal Abstinence Syndrome The Secretary shall conduct a study to evaluate— (1) factors related to the increased prevalence of maternal opiate misuse and abuse; (2) factors related to maternal misuse and abuse of opiates, including— (A) barriers to identifying and treating maternal misuse and abuse of opiates; and (B) the most effective prevention and treatment strategies for pregnant women and other women of childbearing age who are at risk for or dependent on opiates; and (3) factors related to neonatal abstinence syndrome, including— (A) epidemiological studies concerning neonatal abstinence syndrome; (B) the most effective methods to diagnose and treat neonatal abstinence syndrome; and (C) the long-term effects of neonatal abstinence syndrome and the need for a longer-term study on infants and children at risk for developing neonatal abstinence syndrome or diagnosed with neonatal abstinence syndrome. (e) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives the findings from the study under subsection (d) and a report that identifies the gaps in evidence-informed recommendations that require additional research or analysis, and priority areas for additional research. 3. Improving data on neonatal abstinence syndrome The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide technical assistance to States to improve the availability and quality of data collection and surveillance activities regarding neonatal abstinence syndrome, including— (1) incidence and prevalence of neonatal abstinence syndrome; (2) the identification of causes for neonatal abstinence syndrome, including new and emerging trends; and (3) the identification of demographics and other relevant information associated with neonatal abstinence syndrome. 4. Pain management alternatives It is the sense of Congress that the Director of the National Institutes of Health should continue research with respect to pain management, including for women of childbearing age. 5. GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating— (1) the availability and effectiveness of federally facilitated substance abuse treatment programs for pregnant women and their children; (2) the availability and effectiveness of Federal programs that encourage State adoption and implementation of programs to ensure— (A) the safety and health of mothers who have a substance use disorder; and (B) the safety and health of children with neonatal abstinence syndrome; (3) the effectiveness of Federal data systems and surveillance programs used to monitor or track drug utilization and resulting trends, including whether information on neonatal abstinence syndrome is incorporated into such data systems; and (4) the identification of the use of all discretionary funds to address maternal substance abuse, including the misuse and abuse of prescription drugs. | Protecting Our Infants Act of 2014 |
Housing for Homeless Students Act of 2014 - Amends the Internal Revenue Code to qualify low-income building units that provide housing for full-time students who were homeless youth or homeless veterans during a five-year period prior to occupying a low-income housing unit for the low-income housing tax credit. | 113 S2723 IS: Housing for Homeless Students Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2723 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Franken Mr. Portman Mrs. Murray Ms. Collins Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to qualify homeless youth and veterans who are full-time students for purposes of the low income housing tax credit. 1. Short title This Act may be cited as the Housing for Homeless Students Act of 2014 2. Homeless youth and veterans who are full-time students qualified for purposes of the low income housing tax credit (a) In General Clause (i) of section 42(i)(3)(D) (II) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (III) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 2002(1) . (b) Effective date The amendments made by subsection (a) shall apply to determinations made before, on, or after the date of the enactment of this Act. | Housing for Homeless Students Act of 2014 |
Consequences for Russia's Arms Control Violations Act of 2014 - Expresses the sense of Congress that: the Russian Federation is in material breach of its Intermediate-Range Nuclear Forces (INF) Treaty obligations through its prohibited flight testing of both ballistic intermediate-range and cruise missiles, and the President should take actions to deny the Russian Federation any militarily significant advantage resulting from its noncompliance. Prohibits the use of Department of State funds to carry out programs of the U.S.-Russia Bilateral Presidential Commission until the President certifies to Congress that the Russian Federation has or has not performed certain prohibited ballistic missile flight tests. Directs: the President to establish a program to develop certain ground-launched cruise missile and ground-launched ballistic missile capabilities; and the Secretary of Defense (DOD) to ensure that the Aegis Ashore sites in Romania and Poland are deployed with an operational capability to defend against cruise missiles and short-, medium-, and intermediate-range ballistic missiles launched from the Russian Federation. Authorizes the President to waive the requirement to establish such missile development program if the Russian Federation is in compliance with its Treaty obligations and has eliminated any military system that was developed and deployed in violation of the Treaty. States that, if the President does not certify to Congress that the Russian Federation is not developing or deploying any military system that violates or circumvents the Treaty, the President shall: suspend any cooperation with the Russian Federation related to any aspect of the U.S. program for national, theater, or regional missile defense; deny any license for the export of nuclear material, equipment, or technology to the Russian Federation; terminate the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy; and not award any U.S. government contract to a private or public entity in the Russian Federation. Authorizes the President to waive such sanctions in specified circumstances. Prohibits the President from entering into any agreement with the Russian Federation regarding the reduction of nuclear forces except with the advice and consent of the Senate. | 113 S2725 IS: Consequences for Russia's Arms Control Violations Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2725 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Rubio Mr. Risch Mr. Hatch Mr. Wicker Committee on Foreign Relations A BILL To address noncompliance by the Russian Federation of its obligations under the Intermediate-Range Nuclear Forces (INF) Treaty. 1. Short title This Act may be cited as the Consequences for Russia's Arms Control Violations Act of 2014 2. Findings Congress makes the following findings: (1) A public report in The New York Times on January 29, 2014, revealed that the Russian Federation is no longer in compliance with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly referred to as the Intermediate-Range Nuclear Forces Treaty INF Treaty (2) On April 29, 2014, Acting Assistant Secretary of State for Arms Control, Verification and Compliance Anita E. Friedt stated in testimony before the Committee on Foreign Affairs of the House of Representatives that, [w]e have concerns about Russian compliance with the INF Treaty. We have raised them with Russia and are pressing for clear answers in an effort to resolve our concerns because of the importance of the INF Treaty to Euro-Atlantic security. We’ve briefed our NATO allies on our concerns and will continue to coordinate with them on this and other matters that affect our common security. We have been keeping Congress informed on this matter through briefings with relevant congressional committees and will continue to do so. We will continue to work with Russia to resolve our concerns, and to encourage mutual steps to help foster a more stable, resilient, transparent security relationship. We’re not going to drop the issue until our concerns have been addressed. (3) On March 5, 2014, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Elaine Bunn said to the Committee on Armed Services of the Senate, [W]e are concerned about Russian activity that appears to be inconsistent with the Intermediate Range Nuclear Forces Treaty. We’ve raised the issue with Russia. They provided an answer that was not satisfactory to us, and we will, we told them that the issue is not closed, and we will continue to raise this. (4) On April 2, 2014, the Commander, U.S. European Command, and Supreme Allied Commander Europe, General Breedlove, stated, A weapon capability that violates the INF, that is introduced into the greater European land mass is absolutely a tool that will have to be dealt with … I would not judge how the alliance will choose to react, but I would say they will have to consider what to do about it. … It can’t go unanswered. (5) The Russian Federation succeeded to the INF Treaty obligations of the Union of Soviet Socialist Republics in a declaration issued at Biskek, Kyrgyzstan, in October 1992. (6) The flight test or deployment of any INF-banned weapon delivery vehicle by the Russian Federation constitutes a militarily significant violation of the INF Treaty. (7) The INF Treaty has unlimited duration, but, under the terms of the Treaty, inspections and continuous monitoring of Russian missile production under the Treaty ceased on June 1, 2001, thus the Treaty no longer offers any verification to detect any militarily significant violations. (8) A major problem exists with respect to the application of the INF Treaty to any new ballistic or cruise missile that is flight tested or otherwise flown once at a range not prohibited by the Treaty (that is a range less than 500 kilometers or more than 5,500 kilometers) but will be flown at a range that is banned by the Treaty (at a range that is between 500 and 5,500 kilometers) as a weapon delivery vehicle. (9) President Barack Obama has not made use of any INF Treaty-provided means to address Russian Federation noncompliance with the Treaty, to include convening a meeting of the Treaty’s Special Verification Commission under Article XIII of the Treaty. (10) The Committee on Foreign Relations of the Senate noted in its 1988 report on the INF Treaty, In the event Soviet actions appear to contradict their obligations under the treaty, Congress should be kept fully informed. Any questionable activity should be fully discussed in the Special Verification Commission. If the Soviet Union has not, after a sufficient period of time, satisfied United States concerns or ceased the activity in question, and if the Soviet activity is deemed to be militarily significant, the President should propose implementation of an appropriate and proportionate response. (11) The Administration has not made any serious or credible effort, over several years, to respond to violations by the Russian Federation of its obligations under the INF Treaty. (12) The INF Treaty is no longer effectively verifiable. (13) The Russian Federation’s actions, as detailed in the January 29, 2014, report of The New York Times, have defeated the object and purpose of the INF Treaty. (14) Continued noncompliance by the Russian Federation with its obligations under the INF Treaty and continued United States adherence to the INF Treaty, in light of failure to respond in a timely manner to Russian Federation noncompliance, places the supreme interests of the United States and its allies in the North Atlantic Treaty Organization (NATO) in jeopardy. (15) The Russian Federation has violated its obligations under the 1994 Budapest Memorandum on Security Assurances and has rendered null the effect and assurances of the NATO–Russia Founding Act of 1997. 3. Sense of Congress It is the sense of Congress that— (1) the Russian Federation, through its flight testing of both a ballistic missile intended for intermediate-range targets as well its flight testing of a ground-launched cruise missile prohibited by the INF Treaty, has acted contrary to the object and purpose of a central purpose of the Treaty and is therefore in material breach of its obligations under the Treaty; and (2) the President, after consultation with United States allies directly affected by such Russian Federation ballistic missiles or cruise missiles, should take such actions as the President determines to be necessary to deny the Russian Federation any militarily significant advantage resulting from its noncompliance with the INF Treaty. 4. Limitation on funds for programs, projects, or activities of the U.S.-Russia Bilateral Presidential Commission No funds made available to the Department of State may be used to carry out programs, projects, or activities of the U.S.-Russia Bilateral Presidential Commission until the President certifies to the appropriate congressional committees that the Russian Federation as of the date of the certification has not flight tested a ballistic missile at strategic range in a configuration (booster stages, post-boost vehicle, or reentry vehicles) that is unlike a configuration that is used for remaining tests of the system at ranges that are prohibited under the INF Treaty. 5. Program to research and develop ground-launched cruise missile and ground-launched ballistic missile capabilities (a) Program required The President shall establish and carry out a program to research and develop ground-launched cruise missile and ground-launched ballistic missile capabilities, including by modification of exiting United States military capabilities, with a range between 500 and 5,500 kilometers. (b) Study and report (1) Study The President shall conduct a study for potential sites of the cruise missile and ballistic missile capabilities specified in subsection (a). In conducting the study, the President shall consider selecting sites on United States overseas military installations and sites offered by United States allies. (2) Report Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the results of the study. (c) Waiver The President may waive the requirement to establish and carry out the program under subsection (a) if, on or before October 1, 2014, the President certifies to the appropriate congressional committees that— (1) the Russian Federation is in compliance with all of its obligations under the INF Treaty; and (2) the Russian Federation has verifiably and completely eliminated any military system that it has developed, flight tested, and deployed in violation of the INF Treaty. (d) Authorization of appropriations There is authorized to be appropriated to the President $100,000,000 for fiscal year 2015 to carry out the program under subsection (a). 6. Additional defensive responses to Russian Federation’s violation of INF Treaty The Secretary of Defense shall ensure that the Aegis Ashore sites in Romania and Poland are deployed, consistent with the timelines established in the Ballistic Missile Defense Review of 2010, with an operational capability to defend against short-, medium-, and intermediate-range ballistic missiles and cruise missiles launched by the Russian Federation. 7. Sanctions (a) In general If, on or before the date that is 180 days after the date of the enactment of this section, the President does not certify to the appropriate congressional committees that the Russian Federation is not developing or deploying any military system that violates or circumvents the INF Treaty, the President shall impose the sanctions described in subsection (b). (b) Sanctions described The sanctions referred to in subsection (a) are the following: (1) The President shall suspend any cooperation with the Russian Federation related to any aspect of the United States program for national, theater, or regional missile defense, including any provision of any data generated by the United States in any test of any missile defense technology. (2) The President shall deny any license pursuant to section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077 b.) for the export of any nuclear material, equipment, or technology to the Russian Federation. (3) The President shall terminate the United States of the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy, entered into force January 12, 2011, in accordance with the provisions of Article 20(1) of that Agreement. (4) The President shall not award any United States Government contract to a private or public entity incorporated in the Russian Federation. (c) Waiver The President may waive the requirement to impose sanctions under this section beginning on or after the date on which the President certifies to the appropriate congressional committees that the Russian Federation has provided to the United States the following: (1) A list of all intermediate-range and shorter-range missiles, as such terms are defined in the INF Treaty, as well as their launchers, support structures, and support equipment that are not intermediate-range and shorter-range missiles listed under Article III of the Treaty as existing types and which have been designed, developed, flight tested or deployed by the Russian Federation since June 1, 2001. (2) A list of all deployment bases for any intermediate-range and shorter-range missiles, as such terms are defined in the INF Treaty, including in particular, any base for any road-mobile, ground-launched ballistic and cruise missiles that are not bases at which such missiles were located on June 1, 2001. (3) A list of all flight tests carried out by the Russian Federation for any new type of ground-launched ballistic or cruise missile which has been flight tested at one or more times below a range of 500 kilometers or above 5,500 kilometers. (4) A list of all production facilities used for the design and development of any ballistic or cruise missile that is prohibited under the INF Treaty. (5) A description of the reasons that the Government of the Russian Federation has provided for undertaking the design, development, and deployment of any ballistic or cruise missile that is prohibited under the INF Treaty. 8. Restriction on agreements on further reduction of nuclear forces (a) Statement of policy It is the policy of the United States to not engage in further negotiations with the Russian Federation to reduce nuclear forces until the Russian Federation is in full compliance with all existing bilateral nuclear agreements with the United States, including the INF Treaty. (b) Restriction Notwithstanding any other provision of law, the President shall not enter into any agreement with the Government of the Russian Federation with respect to the reduction of nuclear forces except with the advice and consent of the Senate pursuant to article II, section 2, clause 2 of the United States Constitution. 9. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. (2) INF Treaty or Treaty The term INF Treaty Treaty | Consequences for Russia's Arms Control Violations Act of 2014 |
Captive Insurers Clarification Act - Amends the Nonadmitted and Reinsurance Reform Act of 2010 to define "captive insurance company" as an insurance company wholly owned directly or indirectly: (1) by a single parent company and whose primary purpose is to insure the risks of that single parent company or its affiliates; (2) by a group of companies and whose primary purpose is to insure the risks of that group or its affiliates; and (3) by an industry, trade, or service group or association, and whose primary purpose is to insure the risks of any member in that group or association, including any member affiliate. Excludes a captive insurance company from the meaning of a "nonadmitted insurer" (that is not licensed to engage in the business of insurance in a state), and from any requirements (including state tax requirements) applying to a nonadmitted insurer. | 113 S2726 IS: Captive Insurers Clarification Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2726 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Leahy Mr. Graham Committee on Banking, Housing, and Urban Affairs A BILL To clarify the definition of nonadmitted insurer under the Nonadmitted and Reinsurance Reform Act of 2010, and for other purposes. 1. Short title This Act may be cited as the Captive Insurers Clarification Act 2. Captive insurers Section 527 of the Nonadmitted and Reinsurance Reform Act of 2010 ( 15 U.S.C. 8206 (1) by redesignating paragraphs (4) through (16) as paragraphs (5) through (17), respectively; (2) by inserting after paragraph (3) the following: (4) Captive insurance company The term captive insurance company (A) that is wholly owned, directly or indirectly, by a single parent company, and whose primary purpose is to provide insurance to cover the risks of such single parent company or any affiliates of such single parent company; (B) that is wholly owned, directly or indirectly, by a group of companies, and whose primary purpose is to provide insurance to cover the risks of such group of companies or any affiliates of such group of companies; and (C) that is wholly owned, directly or indirectly, by an industry, trade, or service group or association, and whose primary purpose is to provide insurance to cover the risks to any member in such group or association or any affiliate of such member. ; and (3) in paragraph (12)(B), as so redesignated— (A) by striking (B) does not include a risk retention group (B) does not include— (i) a risk retention group ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following: (ii) a captive insurance company. . | Captive Insurers Clarification Act |
Community-Based Medical Education Act of 2014 - Amends the Public Health Service Act to extend through FY2019 at increased levels the program of payments to teaching health centers that operate graduate medical education (GME) programs. Directs the Secretary of Health and Human Services (HHS) to: (1) conduct a comprehensive evaluation of such program; and (2) establish a process by which qualified teaching health centers that have received payments under such Act prior to the date on which the primary care teaching centers program is established by this Act under title XVIII (Medicare) of the Social Security Act may become eligible to participate in such primary care teaching program. Conditions the award of teaching health centers grants on the basis of demonstrated financial need. Reduces from $500,000 to $250,000 the maximum amount of such a grant. Authorizes appropriations for the grant program through FY2018. Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary to establish a program of payments to primary care teaching centers for up to 50 new full-time equivalent resident training positions per center at up to 300 centers per year. Sets the minimum per resident payment for 2014 at $150,000, increased each subsequent year by the percentage increase in the consumer price index for all urban consumers (United States city average). Directs the Secretary to establish and implement procedures under which, beginning in FY2018, the amount of payments that a hospital would otherwise receive for indirect medical education (IME) costs for discharges during a fiscal year is adjusted based on the reporting of measures and the hospital's performance on measures of population health priorities specified by the Secretary. Requires the Secretary to specify measures of population health priorities, including measures relating to: (1) the extent of training provided in shortage specialities, a variety of settings and systems, the coordination of patient care across settings, interprofessional and multidisciplinary care teams, methods for identifying system errors and implementing system solutions, and the use of health information technology; and (2) the number of graduates practicing in shortage specialties five years after graduation, including in shortage specialties in health professional shortage areas Requires measures of patient care specified by the Secretary to be: (1) adopted or endorsed by an accrediting organization, and (2) consensus-based. Allows them to include any submitted by teaching hospitals and medical schools. Directs the Secretary to report to Congress and the National Health Care Workforce Commission on the GME payments hospitals and primary health training programs receive under Medicare. Amends the Patient Protection and Affordable Care Act to reauthorize the National Health Care Workforce Commission through FY2019. Amends SSA title XVIII to revise the formula for the indirect teaching adjustment factor to reduce Medicare IME payments on or after October 1, 2016. | 113 S2728 IS: Community-Based Medical Education Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2728 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. Murray Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide community-based medical education payments to primary care teaching centers, to provide for a Medicare indirect medical education performance adjustment, and to increase Medicare graduate medical education transparency, and for other purposes. 1. Short title This Act may be cited as the Community-Based Medical Education Act of 2014 2. Teaching health center extension (a) THC program Section 340H of the Public Health Service Act ( 42 U.S.C. 256h (1) in subsection (g)— (A) by striking not to exceed $230,000,000, for the period of fiscal years 2011 through 2015. not to exceed— (B) by adding at the end the following: (1) $230,000,000, for the period of fiscal years 2011 through 2015; and (2) $420,000,000, for the period of fiscal years 2016 through 2019. ; and (2) by adding at the end the following: (k) Evaluation of program; participation in primary care teaching program The Secretary shall— (1) not later than December 31, 2017, conduct a comprehensive evaluation of the program under this section; and (2) establish a process by which qualified teaching health centers that have received payments under this section prior to the date on which the primary care teaching centers program is established under section 1899B of the Social Security Act may become eligible to participate in such primary care teaching program. . (b) Teaching health centers development grants Section 749A of the Public Health Service Act ( 42 U.S.C. 293l–1 (1) in subsection (a), by inserting , based on demonstrated financial need, centers (2) in subsection (b), by striking $500,000 $250,000 (3) in subsection (g), by striking fiscal year 2010, $50,000,000 for fiscal year 2011, $50,000,000 for fiscal year 2012 each of fiscal years 2016, 2017, and 2018 3. Community-Based Medical Education Payments Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Community-Based Medical Education Payments (a) In general The Secretary shall establish a program under which the Secretary makes payments to primary care teaching centers (as defined in subsection (c)) under this section. (b) Implementation The Secretary shall establish the program under this section not later than January 1, 2019. (c) Definitions (1) Definition of primary care teaching center In this section, the term primary care teaching center (A) is accredited by the Accreditation Council on Graduate Medical Education, the American Osteopathic Association, or the Commission on Dental Accreditation; and (B) operates a community-based primary care residency program (as defined in paragraph (5)) in a rural or underserved area. (2) Entity described The following entities are described in this paragraph: (A) An entity that received payments under section 340H of the Public Health Service Act for a community based, ambulatory patient care center which operates a primary care residency program or a related consortia recognized by the Health Resources and Services Administration. (B) A community-based, independent corporate entity collaborating with one or more hospitals in operating one or more primary care residency programs. (C) A medical education entity established by one or more hospitals to develop and operate one or more primary care residency programs. The hospital or hospitals may be the sole corporate members of the entity, but the governing board of the entity shall include representatives of the community. (D) A medical education entity that is independent of any hospital but collaborates with a hospital in operating one or more medical residency training programs. The medical education entity may include a university or a school of medicine. (E) A subsidiary of a hospital or independent corporation operating one or more primary care residency programs for the hospital with community participation in the governance of the organization. (F) A rural training track program (as defined in paragraph (6)). (3) Inclusion of certain entities The term primary care teaching center (A) A Federally qualified health center (as defined in section 1905(l)(2)(B)). (B) A community mental health center (as defined in section 1861(ff)(3)(B)). (C) A rural health clinic, as defined in section 1861(aa). (D) A health center operated by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act). (E) An entity receiving funds under title X of the Public Health Service Act. (F) A critical access hospital. (G) An entity that collaborates to form a consortium that operates an accredited primary care residency program, so long as the consortium is accredited in the primary care specialty and is listed as the institutional sponsor by the relevant accrediting body. Within the consortium, a community-based ambulatory care center shall play an integral role in the academic, financial, and administrative operations of the primary care residency program. (4) Definition of primary care In this section, the term primary care (5) Definition of primary care residency program In this section, the term primary care residency program (6) Definition of rural training track program In this section, the term rural training track program (d) Limitations on number of resident training positions (1) Limitation on total number under program Subject to paragraph (3), the Secretary shall make payments under this section for not more than 1,500 new full-time equivalent resident training positions to be distributed to primary care teaching centers at a rate of not more than 300 per year until expended. (2) Limitation on total number for each primary care teaching center Subject to paragraph (3), no single primary care teaching center shall receive a total of more than 50 of the positions distributed under the program, which must be in primary care specialties. (3) Exception for existing residents of teaching health centers The limitation under each of paragraphs (1) and (2) shall not apply with respect to a resident training position of a teaching health center that received payments under section 340H of the Public Health Service Act if the resident training position was in a medical residency training program operated by the teaching health center prior to the participation of the teaching health center as a primary care teaching center under this section. The Secretary shall make payments for a resident in a training position described in the preceding center under this section in accordance with subsection (f). (e) Preference for teaching health centers The Secretary shall give preference to teaching health centers that received payments under section 340H of the Public Health Service Act that are seeking to participate as a primary care teaching center under this section. (f) Payment of annual per resident payment amount (1) Methodology Subject to paragraph (2) and subsection (i), for each year of the program, the Secretary shall develop a methodology to determine the per resident payment amount for each full-time equivalent resident of a primary care teaching center under this section. (2) Minimum payment amount Subject to subsection (i), the per resident payment amount for each full-time equivalent resident of a primary care teaching center under this section for a year shall be not less than— (A) for 2014, $150,000; and (B) for each subsequent year, the amount determined under this paragraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. (3) Direct payment Any payment under this section with respect to a full-time equivalent resident of a primary care teaching center shall be made directly to the primary care teaching center. (g) No effect on other payments or limitation on number of residents under section 1886 Nothing in this section shall effect payments under section 1886(d)(5)(B) or section 1886(h) or the application of the limitation on the number of residents under section 1886(h)(4)(F). (h) Requirements for entities receiving Medicare graduate medical education payments In the case where a primary care residency program, including a rural training track program, funded by a hospital through payments under subsections (d)(5)(B) and (h) of section 1886 becomes a primary care teaching center under this section, the hospital shall ensure, during the 10-year period beginning on the date of the transition, that the total number of full-time equivalent residents of the hospital in primary care does not decrease. The transition described in the preceding sentence shall begin on the date when the primary care teaching center receives its first payment under this section. (i) Performance adjustments (1) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish and implement procedures under which the amount of payments that a primary care teaching center would otherwise receive under this section for a year is adjusted based on the reporting of measures and the performance of the primary care teaching center on measures of population health priorities specified by the Secretary. (2) Adjustments to begin in 2021 The adjustments shall apply to payments— (A) with respect to the adjustments for reporting under paragraph (7)(A), made for 2021; and (B) with respect to the adjustments for performance under paragraph (7)(B), made for 2022 and subsequent years. (3) Measures The measures of population health priorities specified by the Secretary under this subsection shall be the measures specified by the Secretary under section 1886(t). (4) Performance standards The Secretary shall establish performance standards with respect to measures specified by the Secretary under this subsection for a performance period for a year (as established under paragraph (5)). (5) Performance period The Secretary shall establish the performance period for a year. Such performance period shall begin and end prior to the beginning of such year. (6) Reporting of measures The procedures established and implemented under paragraph (1) shall include a process under which primary care teaching centers shall submit data on the measures specified by the Secretary under this subsection to the Secretary in a form and manner, and at a time, specified by the Secretary for purposes of this subsection. (7) Adjustments (A) Reporting for 2021 For 2021, in the case of a primary care teaching center that does not submit, to the Secretary in accordance with this subsection, data required to be submitted under paragraph (6) for a period (determined appropriate by the Secretary) for such year, the total amount that the primary care teaching center would otherwise receive under this section for such year shall be reduced by 1 percent. (B) Performance for 2022 and subsequent years (i) In general Subject to clause (ii), based on the performance of each primary care teaching center with respect to compliance with the measures for a performance period for a year (beginning with 2022), the Secretary shall determine the amount of any adjustment under this subparagraph to payments to the primary care teaching center under this section for such year. Such adjustment may not exceed an amount equal to 1 percent of the total amount that the primary care teaching center would otherwise receive under this section for such year. (ii) Budget neutral In making adjustments under this subparagraph, the Secretary shall ensure that the total amount of payments made to all primary care teaching centers under this section for a year is equal to the total amount of payments that would have been made to such centers under this section for such year if this subsection had not been enacted. (8) No effect in subsequent years Any adjustment under subparagraph (A) or (B) of paragraph (7) shall apply only with respect to the year involved, and the Secretary shall not take into account any such adjustment in making payments to a primary care teaching center under this section in a subsequent year. (j) Evaluation and report Not later than January 1, 2021, and every five years thereafter, the Secretary shall submit to Congress a report on the implementation of the program under this section, including— (1) the measure development procedures under subsection (i), including any barriers to measure development; (2) the compliance with reporting on the performance measures under that subsection, including any barriers to such compliance; and (3) recommendations to address any barriers described in subparagraph (A) or (B). (k) Funding For purposes of carrying out this section, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841 (in such proportion as the Secretary determines appropriate), of such sums as are necessary to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2019 and each succeeding fiscal year. Amounts transferred under the preceding sentence shall remain available until expended. . 4. Medicare indirect medical education performance adjustment Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended— (1) in subsection (d)(5)(B), in the matter preceding clause (i), by inserting subject to subsection (t) and except as follows (2) by adding at the end the following new subsection: (t) Indirect medical education performance adjustments (1) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish and implement procedures under which the amount of payments that a hospital (as defined in paragraph (11)) would otherwise receive for indirect medical education costs under subsection (d)(5)(B) for discharges occurring during a fiscal year is adjusted based on the reporting of measures and the performance of the hospital on measures of population health priorities specified by the Secretary. (2) Adjustments to begin in fiscal year 2018 The adjustments shall apply to payments for discharges occurring— (A) with respect to the adjustments for reporting under paragraph (8)(A), during fiscal year 2018; and (B) with respect to the adjustments for performance under paragraph (8)(B), on or after October 1, 2018. (3) Measures The measures of population health priorities specified by the Secretary under this subsection shall include measures relating to— (A) the extent of training provided in— (i) shortage specialties; (ii) a variety of settings and systems; (iii) the coordination of patient care across settings; (iv) interprofessional and multidisciplinary care teams; (v) methods for identifying system errors and implementing system solutions; and (vi) the use of health information technology; and (B) the number of graduates practicing in shortage specialties 5 years after graduation, including in shortage specialties in health professional shortage areas. (4) Measure development process (A) In general The measures of patient care specified by the Secretary under this subsection— (i) shall— (I) be measures that have been adopted or endorsed by an accrediting organization (such as the Accreditation Council for Graduate Medical Education or American Osteopathic Association); and (II) be measures that the Secretary identifies as having used a consensus-based process for developing such measures; and (ii) may include measures that have been submitted by teaching hospitals and medical schools (allopathic and osteopathic). (B) Proposed set of initial measures Not later than July 1, 2015, the Secretary shall publish in the Federal Register a proposed initial set of measures for use under this subsection. The Secretary shall provide for a period of public comment on such measures. (C) Final set of initial measures Not later than January 1, 2016, the Secretary shall publish in the Federal Register the set of initial measures to be specified by the Secretary for use under this subsection. (D) Update of measures The Secretary may, through notice and comment rulemaking, periodically update the measures specified under this subsection pursuant to the requirements under subparagraph (A). (5) Performance standards The Secretary shall establish performance standards with respect to measures specified by the Secretary under this subsection for a performance period for a fiscal year (as established under paragraph (6)). (6) Performance period The Secretary shall establish the performance period for a fiscal year. Such performance period shall begin and end prior to the beginning of such fiscal year. (7) Reporting of measures The procedures established and implemented under paragraph (1) shall include a process under which hospitals shall submit data on the measures specified by the Secretary under this subsection to the Secretary in a form and manner, and at a time, specified by the Secretary for purposes of this subsection. (8) Adjustments (A) Reporting for fiscal year 2018 For fiscal year 2018, in the case of a hospital that does not submit, to the Secretary in accordance with this subsection, data required to be submitted under paragraph (7) for a period (determined appropriate by the Secretary) for such fiscal year, the total amount that the hospital would otherwise receive under subsection (d)(5)(B) for discharges in such fiscal year shall be reduced by 1 percent. (B) Performance for fiscal year 2019 and subsequent fiscal years (i) In general Subject to clause (ii), based on the performance of each hospital with respect to compliance with the measures for a performance period for a fiscal year (beginning with fiscal year 2019), the Secretary shall determine the amount of any adjustment under this subparagraph to payments to the hospital under subsection (d)(5)(B) for discharges in such fiscal year. Such adjustment may not exceed an amount equal to 2 percent of the total amount that the hospital would otherwise receive under such subsection for discharges in such fiscal year. (ii) Budget neutral In making adjustments under this subparagraph, the Secretary shall ensure that the total amount of payments made to all hospitals under subsection (d)(5)(B) for discharges in a fiscal year is equal to the total amount of payments that would have been made to such hospitals under such subsection for discharges in such fiscal year if this subsection had not been enacted. (9) No effect in subsequent fiscal years Any adjustment under subparagraph (A) or (B) of paragraph (8) shall apply only with respect to the fiscal year involved, and the Secretary shall not take into account any such adjustment in making payments to a hospital under this section in a subsequent fiscal year. (10) Evaluation of submission of performance measures Not later than January 1, 2018, and every five years thereafter, the Secretary shall submit to Congress a report on the implementation of this subsection, including— (A) the measure development procedures, including any barriers to measure development; (B) the compliance with reporting on the performance measures, including any barriers to such compliance; and (C) recommendations to address any barriers described in subparagraph (A) or (B). (11) Definitions In this subsection: (A) Hospital The term hospital (B) Shortage specialty The term shortage specialty (i) Family medicine. (ii) Geriatric medicine. (iii) General internal medicine. (iv) General surgery. (v) High priority pediatric subspecialties. (vi) Psychiatry. (vii) Other specialties and subspecialties determined appropriate by the Secretary. . 5. Increasing Medicare graduate medical education transparency (a) In general Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress and the National Health Care Workforce Commission a report on the graduate medical education payments that hospitals and primary health training programs receive under the Medicare program. (b) Requirements The report under subsection (a) shall include the following information with respect to each hospital or primary health training program that receives such payments: (1) The direct graduate medical education payments made to the hospital under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (2) The total costs of direct graduate medical education to the hospital as reported on the annual Medicare Cost Reports. (3) The indirect medical education payments made to the hospital under section 1886(d)(5)(B) of such Act ( 42 U.S.C. 1395ww(d)(1)(B) (4) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (1). (5) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (3). (6) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (1). (7) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (3). (8) The payments made to primary care teaching centers under section 1899B of the Social Security Act, as added by section 3. (9) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (8). (10) The percentage of all graduates of a program for which payments described in paragraph (1) or (3) were made to the hospital that are practicing primary care 5 years after graduation. (11) The percentage of all graduates of a program for which payments described in paragraph (1) or (3) were made to the hospital that are practicing primary care in health professional shortage areas 5 years after graduation. (12) The percentage of all graduates of a primary care teaching center for which payments described in paragraph (8) were made to the primary care teaching center that are practicing primary care 5 years after graduation. (13) The percentage of all graduates of a primary care teaching center for which payments described in paragraph (8) were made to the primary care teaching center that are practicing primary care in health professional shortage areas 5 years after graduation. (14) Other information determined appropriate by the Secretary. 6. Reauthorization of the Health Care Workforce Commission Section 5101(h)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(h)(2) (2) Authorization of appropriations To carry out this section, there are authorized to be appropriated $14,000,000 for the period of fiscal years 2015 through 2019, and such sums as may be necessary for each subsequent fiscal year. . 7. Reduction in Medicare indirect graduate medical education (IME) payments (a) In general Section 1886(d)(5)(B)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended— (1) in subclause (XI), by striking and (2) in subclause (XII)— (A) by inserting and before October 1, 2016, 2007, (B) by striking the period at the end and inserting ; and (3) by adding at the end the following new subclause: (XIII) on or after October 1, 2016, c . (b) Conforming amendment relating to determination of standardized amount Section 1886(d)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(C)(i)) is amended by inserting or of section 7(a) of the Community-Based Medical Education Act of 2014 Act of 1997 | Community-Based Medical Education Act of 2014 |
Private Landowner Protection Act of 2014 - Amends the Endangered Species Act of 1973 to require the Department of the Interior or the Department of Commerce through the National Oceanic and Atmospheric Administration (NOAA) to exclude an area from designation as a critical habitat to conserve an endangered or threatened species if the benefits of exclusion outweigh the benefits of including the area, unless the failure to designate the area as critical habitat will result in the extinction of the species. Requires the appropriate department to make available for public comment with any proposed rule to designate a critical habitat an analysis that: (1) examines the economic effects of all actions that are related to a critical habitat designation or the protection of the species, (2) is quantitative and qualitative, and (3) examines the incremental effects of the critical habitat designation and the cumulative economic effects of both the critical habitat designation and the listing determination. Prohibits the analysis from effecting the determination to list a species. Applies the requirements to any critical habitat designation proposed or promulgated on or after October 30, 2013. Requires any designation finalized on or after that date to be reopened for analysis within 30 days of this Act's enactment. | 113 S2729 IS: Private Landowner Protection Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2729 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Pryor Mr. Boozman Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published. 1. Short title This Act may be cited as the Private Landowner Protection Act of 2014 2. Draft economic analysis for critical habitat designation Section 4(b)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(2) (1) in the first sentence, by striking (2) The Secretary shall (2) Critical habitat designation (A) In general The Secretary shall ; (2) in the second sentence, by striking The Secretary may (B) Exclusions The Secretary shall ; and (3) by adding at the end the following: (C) Draft economic impact analysis (i) In general At the time a proposed rule to designate critical habitat for a species is published, the Secretary shall publish and make available for public comment an analysis that— (I) examines the public and private economic effects of all actions that are related to a critical habitat designation or the protection of the species, including, at a minimum, any effects on— (aa) land use; (bb) property values; (cc) the provision of water, power, and other public services; (dd) employment; (ee) revenues available for State and local governments, including a political subdivision of a State that directly or indirectly provides public services, school districts, and any other instrumentality of a State; and (ff) authorizations or approvals necessitating a consultation under section 7; (II) is quantitative and qualitative; and (III) examines— (aa) the incremental effects of the critical habitat designation; and (bb) the cumulative economic effects of both the critical habitat designation and the listing determination made under subsection (a)(1). (ii) Determination factors not affected Nothing in clause (i)— (I) shall affect the determination to list a species under subsection (a)(1); or (II) adds to or subtracts from, or otherwise modifies, the bases described in paragraph (1) or the factors described in subsection (a)(1). (iii) Effective date (I) In general Clause (i) shall apply to any critical habitat designation proposed or promulgated on or after October 30, 2013. (II) Reopening of finalized designations Not later than 30 days after the date of enactment of this clause, any critical habitat designation finalized on or after October 30, 2013, shall be reopened to provide adequate time for compliance with clause (i). . | Private Landowner Protection Act of 2014 |
Mental Health Exposure Military Official Record Act of 2014 - Requires the Secretary of Defense (DOD) to establish a significant event tracker (SET) system to track and report individual exposures to traumatic events for members of the Armed Forces, including reserve components, to show evidence of possible trauma incurred during their service and to address mental health issues. Authorizes reportable events to be entered by: (1) unit commanders and subunit leaders when an event affects the entire unit or subunit, (2) a medical treatment facility when an event affects a member undergoing treatment for an injury identified by military medical personnel or as reported by a member to such an individual, and (3) military law enforcement when an event involves victimization or witnessing of a sexual assault. Defines "reportable event" to include: (1) kinetic combat patrol; (2) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (3) traumatic brain injury; and (4) victimization or witnessing of a sexual assault. Requires a secure central tracking database to be established as the central repository for all reportable events. Requires a unit's commanding officer to review and determine the disposition of certain reportable events by assigning designations indicating whether an event is approved, contested, or denied. Requires all reportable events to be entered in the central database regardless of designation. Permits access to such database by: (1) medical treatment facilities consulting for diagnosis; and (2) military law enforcement and criminal investigative services for purposes of obtaining a limited summary (excluding specific information about events, evidence, or members' private personal information) to diagnose patterns and trends related to crimes committed inside their jurisdiction. Allows, with the member's consent, a member's complete SET record to be reviewed by the member's: (1) military and civilian legal representatives, unit commander, or military judge in military disciplinary or judicial proceedings; and (2) civilian legal representatives in non-military proceedings. Directs the Secretary to provide guidance for accessing records of servicemembers who are mentally incapable of providing their own consent. Requires the official SET record of a member to be used by: (1) the Medical Evaluation Board or Physical Evaluation Board in the case of a member preparing for medical retirement due to injury or other conditions, (2) the medical officer of the member's parent unit in the case of a member preparing for a non-medical discharge or retirement, and (3) a benefits specialist in the case of a member initiating a Benefits Delivery at Discharge claim. Requires, upon a member's separation from service in the Armed Forces, that copies of the member's SET record be distributed to: (1) the separating member; (2) the separating member's service personnel and medical file; (3) the Department of Veterans Affairs (VA); and (4) if specifically designated by the member, the veteran affairs agency of the veteran's state and any other veterans service organization. | 113 S2730 IS: Mental Health Exposure Military Official Record Act of 2014 U.S. Senate 2014-08-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2730 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Brown Mr. Blunt Committee on Armed Services A BILL To establish or integrate an online significant event tracker (SET) system for tracking, reporting, and summarizing exposures of members of the Armed Forces, including members of the reserve components thereof, to traumatic events, and for other purposes. 1. Short title This Act may be cited as the Mental Health Exposure Military Official Record Act of 2014 2. Purpose The purpose of this Act is to implement a significant event tracker (SET) system to train and enable members of the Armed Forces, including members of the reserve components thereof, to track exposures to traumatic events and address mental health issues during and after service. 3. Definitions In this Act: (1) Unit commander defined The term unit commander (2) Reportable event The term reportable event (A) a kinetic combat patrol; (B) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (C) an injury or exposure that may constitute a traumatic brain injury (TBI), including a concussive or mechanical event involving the head that occurs in a combat operation, expeditionary operation, or peacetime regular training; (D) victimization or witnessing of a sexual assault; and (E) any other event determined by the Secretary of Defense to be potentially traumatic to an affected individual. (3) Reserve component The term reserve component section 10101 4. Requirement to implement SET system Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the significant event tracker system described under section 5 (in this Act referred to as the SET system 5. Significant event tracker (SET) system (a) Establishment The Secretary of Defense shall establish a SET system to track, report, and summarize individual exposures to traumatic events for the purpose of enabling former members of the Armed Forces, including members of the reserve components thereof, to show evidence of possible traumatic events incurred during their service. (b) Recording of events (1) Responsibility (A) Unit commanders A unit commander may enter reportable events that affect the entire unit and its members or delegate to a leader of a subunit of the unit commander's command the entry of reportable events affecting the subunit. (B) Individual reporting A unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term, temporary (less than 30 days) detachments and individual augments which, by the nature of their mission, preclude the persistent inclusion in one common reviewing unit. The delegation may be until a predetermined date such as the end of a deployment or on a 30-day basis, as determined by the unit commander. (C) Medical treatment facility A medical treatment facility may directly enter a reportable event affecting a member of the Armed Forces undergoing treatment at such facility for an injury identified by a military medical personnel or as reported by a member of the Armed Forces to such an individual. (D) Military law enforcement Military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault. (E) Reporting of outside incidents The Secretary of Defense shall issue guidance regarding the entry of reportable events involving members of the Armed Forces that occur while in duty status outside of military installations and are initially reported to local non-military law enforcement or non-military medical treatment facilities. (F) Reporting of previous incidents for currently serving servicemembers The Secretary of Defense shall issue guidance regarding the potential entry of past reportable events involving currently serving members of the Armed Forces that occurred earlier in their career. (2) Included information Each entry for a reportable event shall include the following information: (A) Name, date, location, and unit. (B) Duty status. (C) Type of event. (D) Whether a physical injury was sustained as a result, and if so, the extent of such injury. (E) Other information as required by the Secretary of Defense. (c) Verification of events (1) Events reported by individuals (A) In general A reportable event entered by an individual member under subsection (b)(1)(B) shall be reviewed by the unit commander for purposes of verifying, contesting, or denying the event. (B) Verification tools In reviewing reportable events under subparagraph (A), the unit commander shall use all available verification tools, including Department of Defense reports, unit logs, reports from creditable witnesses such as patrol leaders, and any other evidence deemed appropriate by the unit commander. (C) Guidance The Secretary of Defense shall issue guidance designed to ensure that entries submitted to a unit commander for review are handled accurately with discretion and in a timely fashion while recognizing the challenges posed by operational tempo and competing time demands. (2) Events reported by the unit commanders or delegates Reportable events entered by a unit commander or delegate under subsection (b)(1)(A), other than reportable events involving victimization or witnessing of a sexual assault, shall be submitted directly to the respective unit’s commanding officer for review under subsection (d). Reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection (e). (3) Events reported by medical treatment facilities Reportable events entered by medical treatment facilities under subsection (b)(1)(C) shall be submitted directly to the secure central tracking database under subsection (e). (4) Events reported by military law enforcement Reportable events entered by military law enforcement under subsection (b)(1)(D) shall be submitted directly to the secure central tracking database under subsection (e). (d) Command review (1) Authority and responsibility The commanding officer shall have responsibility for reviewing and determining the disposition of a reportable event involving the member submitted pursuant to paragraph (1) or (2) of subsection (c), other than a reportable event involving victimization or witnessing of a sexual assault, and submitting the event and such determination to the secure central tracking database under subsection (e). (2) Disposition The commanding officer shall, in accordance with guidance issued by the Secretary of Defense, assign to each such reportable event one of the following designations: (A) Approved, in the case of clear documentation and verification of the facts and the individual’s exposure. (B) Approved/Contested, in the case of clear documentation and verification of the occurrence of the event, but where the commanding officer has reasonable doubt for approval of the reportable event. (C) Denied/Contested, in the case of questionable documentation or verification, but where the commanding officer has reasonable doubt for denial of the reportable event. (D) Denied, in the case of no clear evidence of the facts or the member's exposure. (3) Non-removal of designation Each reportable entry reviewed under this subsection shall be entered into the secure central tracking database and may not be removed or deleted, regardless of designation. (e) Secure central tracking database (1) Storage of information (A) In general All reportable events shall be submitted to a secure central tracking database, either indirectly pursuant to subsection (d), or directly pursuant to paragraph (3) or (4) of subsection (c) or, in the case of a reportable event involving victimization or witnessing of a sexual assault, paragraph (2) of subsection (c). The database shall serve as the central repository for all reportable events relating to a member of the Armed Forces, including for purposes of preparing the member's official SET record upon separation from service. (B) Treatment of information (i) Classified and sensitive operations The secure central tracking database shall include measures to ensure that information related to classified and sensitive operations is coded so as to document the event without violating operational security concerns. (ii) Sexual assault cases The secure central tracking database shall include measures to ensure that information related to sexual assault cases in the secure central tracking database is coded in order to protect privacy and to correctly reflect the status, and protect the integrity, of ongoing investigations. (iii) Confidentiality of individual records An individual member’s complete SET record and individual entries may not be reviewed by the member's unit commander or the chain of command, and may not be used by anyone for the purpose of evaluating promotion, reenlistment, or assignment issues. (C) Use by medical treatment facilities Medical treatment facilities shall be provided access to the secure central tracking database for purposes of entering reportable events under subsection (b)(1)(C) and consulting for diagnoses. (D) Use by military law enforcement and criminal investigative services Military law enforcement and criminal investigative services shall be provided general access to the secure central tracking database for purposes of entering reportable events under section (b)(1)(D) and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction. The summary shall not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (E) Access to individual records for purposes of military and non-military disciplinary and judicial proceedings (i) In general An individual member’s complete SET record and individual entries may, with the explicit consent of the member, be reviewed, evaluated, and shared with— (I) in the case of a military disciplinary or judicial hearing or proceeding, the member’s military and civilian legal representative or representatives, unit commander, or military judge for the purpose of addressing concerns related to such hearing or proceeding; and (II) in the case of a non-military disciplinary or judicial hearing or proceeding, the member’s civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding. (ii) Access in cases of mental incapacity The Secretary of Defense shall provide guidance for questions related to the accessing a servicemember’s SET record for servicemembers who have been determined to be mentally incapable and thus are unable to provide their own consent or objection to the release of personal information. (F) Unit commander review (i) In general Except as provided in clause (ii), unit commanders may only view individual pending entries that have been submitted to them for review and designation, and may not view previous entries that have already been reviewed and designated. (ii) Administrative access Unit commanders may only access entries that have already been reviewed, designated, and entered into the secure central database by that individual commander in order to correct roster entries for subunits, provide additional post-incident documentation, or take such other administrative actions as may be determined appropriate by the Secretary of Defense. In no instance may such access permit the removal of any entry, regardless of designation. (G) Statistical analysis and evaluation of unit commanders (i) Information sharing The Secretary of Defense shall issue guidance governing the sharing of SET entry statistics among unit commands and other Department of Defense individuals, offices, activities, and agencies for purposes of analyzing the number and types of entries generated over time. Information so shared may not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (ii) Evaluation on unit commanders Unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command, but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries, and the review of their entries. (H) Additional limitations on access No non-Department of Defense agencies, organizations, or individuals, such as veterans’ service organizations, local law enforcement, judicial courts, or civilian medical treatment facilities, shall be granted access to the secure central tracking database. Department of Defense medical officers may only review an individual member’s entire SET record for the medical purposes set forth in subsection (e)(2)(A) and such other purposes as may be determined appropriate by the Secretary of Defense. (2) Distribution and control (A) Pre-discharge (i) Medical retirements In the case of a member of the Armed Services preparing for medical retirement due to injury or other conditions, the official SET record shall be provided to and used by the Medical Evaluation Board or Physical Evaluation Board. (ii) Non-medical discharges and retirements In the case of a member of the Armed Services preparing for a non-medical discharge or retirement, the official SET record shall be reviewed by the medical officer of the member’s parent unit and serve as the basis for any follow-on actions as determined by the medical officer. (iii) Benefits Delivery at Discharge Claims In the case of a member of the Armed Services initiating a Benefits Delivery at Discharge (BDD) claim, the BDD Specialist shall be provided with the official SET record in order to file a fully developed claim for the member. (B) Upon discharge Upon a member's separation from service in the Armed Forces, including a member of a reserve component thereof, copies of the member's official SET record, including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database, shall be distributed in accordance with the procedures of the military service in which the individual served, including copies to the following recipients: (i) The separating member. (ii) The separating member's Service Personnel and Medical File, or other relevant record as determined under the Secretary of Defense's guidance. (iii) The Department of Veterans Affairs, and if specifically designated by the member, the veteran affairs agency of the State that is the separating member's relevant home of record or intended new residence and such other veterans service organization as may be designated by the member. 6. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of Defense such sums as may be necessary for fiscal year 2015 and fiscal years thereafter to carry out activities under this Act. 7. Rule of construction Nothing in this Act shall be construed as limiting the ability of current and former members of the Armed Forces to provide documentation other than the SET record, including handwritten statements, for purposes of appealing, documenting, or presenting evidence related to post traumatic stress disorder or traumatic brain injury claims. | Mental Health Exposure Military Official Record Act of 2014 |
Consumer Financial Protection Bureau Examination and Reporting Threshold Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to raise the examination threshold that brings an insured depository institution or insured credit union within its supervisory purview from assets of $10 billion or more to assets of $50 billion or more. Increases from assets of $10 billion or less to assets of $50 billion or less the size of an insured depository institution or insured credit union that is subject to the Act's reporting requirements. | 113 S2732 IS: Consumer Financial Protection Bureau Examination and Reporting Threshold Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2732 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Toomey Mr. Donnelly Committee on Banking, Housing, and Urban Affairs A BILL To increase from $10,000,000,000 to $50,000,000,000 the threshold figure at which regulated depository institutions are subject to direct examination and reporting requirements of the Bureau of Consumer Financial Protection, and for other purposes. 1. Short title This Act may be cited as the Consumer Financial Protection Bureau Examination and Reporting Threshold Act of 2014 2. Increase in the examination threshold Section 1025(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5515(a) $10,000,000,000 $50,000,000,000 3. Increase in the reporting threshold Section 1026(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5516(a) $10,000,000,000 $50,000,000,000 4. Effective date This Act and the amendments made by this Act shall take effect on the date that is 45 days after the date of enactment of this Act. | Consumer Financial Protection Bureau Examination and Reporting Threshold Act of 2014 |
Obamacare Opt-Out Act of 2014 - Exempts from the minimum essential coverage requirements under the Patient Protection and Affordable Care Act individuals who request an exemption through a health care marketplace or on their federal income tax return. | 113 S2733 IS: Obamacare Opt-Out Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2733 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. McCain Mr. Barrasso Committee on Finance A BILL To establish a certification process for opting out of the individual health insurance mandate. 1. Short title This Act may be cited as the Obamacare Opt-Out Act of 2014 2. Health insurance mandate opt-out (a) Obtaining exemption Notwithstanding any other provision of law, an applicable individual (as defined in subsection (d) of section 5000A (1) request a certification from the Secretary of the Treasury, through the State Exchange or Federal Exchange, as applicable, that such individual is exempt from the requirements of section 5000A(a) of such Code, which such secretary shall grant upon request; or (2) indicate on the Federal income tax return of such individual that such individual elects an exemption from the requirements of section 5000A(a) of such Code. (b) Exemption from penalty (1) In general Subsection (e) of section 5000A (6) Certification of exemption; exemption claims (A) Certification of exemption An applicable individual for any month during the taxable year in which such individual receives a certification of exemption under section 2(a)(1) of the Obamacare Opt-Out Act of 2014 (B) Exemption claim An applicable individual, for any month in a taxable year for which an election for an exemption under section 2(a)(2) of the Obamacare Opt-Out Act of 2014 . (2) Effective date The amendments made by this subsection shall apply to months beginning after December 31, 2013. | Obamacare Opt-Out Act of 2014 |
Tax Refund Theft Prevention Act of 2014 - Amends the Internal Revenue Code to: (1) establish a safe harbor rule for errors on tax information and payee statements to treat such statements as correctly filed if there are one or more errors on such statements and no single erroneous amount differs from the correct amount by more than $25; (2) require any tax return that is prepared electronically, but is printed and filed on paper, to bear a code which can, when scanned, convert such return to an electronic format; (3) impose a fine and/or prison term on any person who willfully misappropriates another person's taxpayer identity; (4) require a tax statement reporting wages and other tax information to show an identifying number for the employee (currently, requires the employee's social security number); (5) increase civil and criminal penalties for tax return preparers who improperly disclose or use tax return information; (6) enhance requirements relating to electronic filing of tax returns and the filing of W-2 and 1099 forms; and (7) impose a due diligence requirement on tax return preparers to verify the identity of a taxpayer for whom they file a return or refund claim. Directs the Secretary of the Treasury to: (1) make available on a website resources and guidance that will allow taxpayers to prepare and file (in batches of not more than 50) forms 1099, prepare forms 1099 for distribution to recipients other than the Internal Revenue Service (IRS), and create and maintain necessary taxpayer records; (2) establish a single point of contact with an IRS employee for taxpayers whose tax returns have been delayed or affected due to misappropriation of the taxpayer's identity; (3) implement a password system for the prevention of identity theft tax fraud; (4) issue regulations that restrict the delivery or deposit of multiple individual income tax refunds from the same tax year to the same individual account or mailing address; and (5) report on the extent and nature of fraud involving the use of misappropriated taxpayer identity. Grants the Secretary access to information in the National Directory of New Hires for the sole purpose of identifying and preventing fraudulent tax return filings and claims for tax refunds. Amends the federal criminal code to include within the definition of aggravated identity theft the misappropriation of taxpayer identity in connection with tax fraud. | 113 S2736 IS: Tax Refund Theft Prevention Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2736 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Hatch Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prevent identity theft related tax refund fraud, and for other purposes. 1. Short title; etc (a) Short title This Act may be cited as the Tax Refund Theft Prevention Act of 2014 (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Safe harbor for de minimis errors on information returns and payee statements. Sec. 3. Internet platform for Form 1099 filings. Sec. 4. Requirement that electronically prepared paper returns include scannable code. Sec. 5. Single point of contact for identity theft victims. Sec. 6. Criminal penalty for misappropriating taxpayer identity in connection with tax fraud. Sec. 7. Extend Internal Revenue Service authority to require truncated social security numbers on Form W–2. Sec. 8. Improvement in access to information in the National Directory of New Hires for tax administration purposes. Sec. 9. Password system for prevention of identity theft tax fraud. Sec. 10. Increased penalty for improper disclosure or use of information by preparers of returns. Sec. 11. Increase electronic filing of returns. Sec. 12. Increased real-time filing. Sec. 13. Limitation on multiple individual income tax refunds to the same account. Sec. 14. Identity verification required under due diligence rules. Sec. 15. Report on refund fraud. 2. Safe harbor for de minimis errors on information returns and payee statements (a) In general Subsection (c) of section 6721 is amended— (1) by striking Exception for de minimis failure to include all required information Exceptions for certain de minimis failures (2) by striking In general Exception for de minimis failure to include all required information (3) by adding at the end the following new paragraph: (3) Safe harbor for certain de minimis errors (A) In general If, with respect to an information return filed with the Secretary— (i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, and (ii) no single amount in error differs from the correct amount by more than $25, then no correction shall be required and, for purposes of this section, such return shall be treated as having been filed with all of the correct required information. (B) Exception Subparagraph (A) shall not apply to returns required under section 6049. (C) Regulatory authority The Secretary may issue regulations to prevent the abuse of the safe harbor under this paragraph, including regulations providing that this subparagraph shall not apply to the extent necessary to prevent any such abuse. . (b) Failure To furnish correct payee statements Subsection (c) of section 6722 is amended by adding at the end the following new paragraph: (3) Safe harbor for certain de minimis errors (A) In general If, with respect to any payee statement— (i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, and (ii) no single amount in error differs from the correct amount by more than $25, then no correction shall be required and, for purposes of this section, such statement shall be treated as having been filed with all of the correct required information. (B) Exception Subparagraph (A) shall not apply to payee statements required under section 6049. (C) Regulatory authority The Secretary may issue regulations to prevent the abuse of the safe harbor under this paragraph, including regulations providing that this subparagraph shall not apply to the extent necessary to prevent any such abuse. . (c) Conforming amendments (1) Subsection (i) of section 408 is amended by striking $10 $25 (2) Paragraph (5) of section 3406(b) is amended— (A) by striking $10 $25 (B) by adding at the end the following flush text: The preceding sentence shall not apply to payments of interest to which section 6049 applies. . (3) Subparagraphs (A) and (B) of section 6042(a)(1) are each amended by striking $10 $25 (4) Paragraph (2) of section 6042(a) is amended by striking $10 $25 (5) Paragraphs (1) and (2) of section 6044(a) are each amended by striking $10 $25 (6) Paragraph (1) of section 6047(d) is amended by striking $10 $25 (7) Subsection (a) of section 6050B is amended by striking $10 $25 (8) Subsection (a) of section 6050E is amended by striking $10 $25 (9) Paragraphs (1) and (2) of section 6050N(a) are each amended by striking $10 $25 (10) Paragraphs (1) and (2) of section 6652(a) are each amended by striking $10 $25 (11) The heading of subsection (a) of section 6652 is amended by striking $10 $25 (d) Effective date The amendments made by this section shall apply to information returns required to be filed, and payee statements required to be provided, on or after the date of the enactment of this Act. 3. Internet platform for Form 1099 filings (a) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall make available an Internet website or other electronic media, similar to the Business Services Online Suite of Services provided by the Social Security Administration, that will provide taxpayers access to resources and guidance provided by the Internal Revenue Service and will allow taxpayers to— (1) prepare and file (in batches of not more than 50) Forms 1099, (2) prepare Forms 1099 for distribution to recipients other than the Internal Revenue Service, and (3) create and maintain necessary taxpayer records. (b) Early implementation for Forms 1099–MISC Not later than 1 year after the date of the enactment of this Act, the Internet website under subsection (a) shall be available in a partial form that will allow taxpayers to take the actions described in such subsection with respect to Forms 1099–MISC required to be filed or distributed by such taxpayers. 4. Requirement that electronically prepared paper returns include scannable code (a) In general Subsection (e) of section 6011 is amended by adding at the end the following new paragraph: (5) Special rule for returns prepared electronically and submitted on paper The Secretary shall require that any return of tax which is prepared electronically, but is printed and filed on paper, bear a code which can, when scanned, convert such return to electronic format. . (b) Conforming amendment Paragraph (1) of section 6011(e) is amended by striking paragraph (3) paragraphs (3) and (5) (c) Effective date The amendments made by this section shall apply to returns of tax the due date for which (determined without regard to extensions) is after December 31, 2014. 5. Single point of contact for identity theft victims (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall establish new procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to misappropriation of the taxpayer's taxpayer identity (as defined in section 6103(b)(6) of the Internal Revenue Code of 1986) has a single point of contact who— (1) is an individual employee of the Internal Revenue Service, and (2) tracks the case of the taxpayer from start to finish and coordinates with other specialized units to resolve case issues as quickly as possible. (b) Change of contact The procedures under subsection (a) shall provide that the single point of contact may be changed— (1) upon request of the taxpayer, or (2) in any case where the individual employee ceases employment or is otherwise unavailable for any period, or a change is required to meet agency staffing needs, but only if the taxpayer is notified of any such change within 5 business days. 6. Criminal penalty for misappropriating taxpayer identity in connection with tax fraud (a) In general Section 7206 is amended— (1) by striking Any person (a) In general Any person , and (2) by adding at the end the following new subsection: (b) Misappropriation of identity Any person who willfully misappropriates another person's taxpayer identity (as defined in section 6103(b)(6)) for the purpose of making any list, return, account, statement, or other document submitted to the Secretary under the provisions of this title shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $250,000 ($500,000 in the case of a corporation) or imprisoned not more than 5 years, or both, together with the costs of prosecution. . (b) Aggravated identity theft Section 1028A(c) or ; or (12) section 7206(b) of the Internal Revenue Code of 1986 (relating to misappropriation of identity in connection with tax fraud). . (c) Effective date The amendments made by this section shall apply to offenses committed on or after the date of the enactment of this Act. 7. Extend Internal Revenue Service authority to require truncated social security numbers on Form W–2 (a) In general Paragraph (2) of section 6051(a) is amended by striking his social security number an identifying number for the employee (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 8. Improvement in access to information in the National Directory of New Hires for tax administration purposes (a) In general Paragraph (3) of section 453(i) of the Social Security Act 42 U.S.C. 653(i) (3) Administration of Federal tax laws relating to fraud The Secretary of the Treasury shall have access to the information in the National Directory of New Hires for the sole purpose of identifying and preventing fraudulent tax return filings and claims for refund under the Internal Revenue Code of 1986. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 9. Password system for prevention of identity theft tax fraud (a) In general The Secretary of the Treasury shall implement an identity theft tax fraud prevention program under which any individual taxpayer may elect to be provided with a unique password which, as a result of such election, will be required to be included on any Federal tax return filed by such individual before the return will be processed. Such program shall be available not later than January 1 of the first calendar year beginning on or after the date that is 2 years after the date of the enactment of this Act. (b) Study and report The Secretary of the Treasury shall conduct a study of the program under subsection (a) and, not later than 3 years after the January 1 date under such subsection, shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the efficacy of such program in reducing tax refund fraud. Such report shall include a recommendation as to whether the program under subsection (a) should be made mandatory, rather than elective, for all taxpayers. 10. Increased penalty for improper disclosure or use of information by preparers of returns (a) In general Section 6713 is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and (2) by inserting after subsection (a) the following new subsection: (b) Enhanced penalty for improper use or disclosure relating to identity theft (1) In general In the case of a disclosure or use described in subsection (a) that is made in connection with a crime relating to the misappropriation of another person's taxpayer identity (as defined in section 6103(b)(6)), whether or not such crime involves any tax filing, subsection (a) shall be applied— (A) by substituting $1,000 $250 (B) by substituting $50,000 $10,000 (2) Separate application of total penalty limitation The limitation on the total amount of the penalty under subsection (a) shall be applied separately with respect to disclosures or uses to which this paragraph applies and to which it does not apply. . (b) Criminal penalty Section 7216(a) is amended by striking $1,000 $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) (c) Effective date The amendments made by this section shall apply to disclosures or uses after the date of the enactment of this Act. 11. Increase electronic filing of returns (a) In general Subparagraph (A) of section 6011(e)(2) is amended by striking 250 the applicable number of (b) Applicable number Subsection (e) of section 6011, as amended by this Act, is amended by adding at the end the following new paragraph: (6) Applicable number For purposes of paragraph (2)(A), the applicable number is— (A) in the case of returns and statements relating to calendar years before 2015, 250, (B) in the case of returns and statements relating to calendar year 2015, 100, (C) in the case of returns and statements relating to calendar year 2016, 50, and (D) in the case of returns and statements relating to calendar years after 2016, 20. . (c) Returns filed by a tax return preparer (1) In general Subparagraph (A) of section 6011(e)(3) is amended to read as follows: (A) In general The Secretary shall require that— (i) any individual income tax return, and (ii) any return or statement under subpart B, C, or E of part III of this subchapter, which is prepared by a tax return preparer be filed on magnetic media. The Secretary may waive the requirement of the preceding sentence if the Secretary determines, on the basis of an application by the tax return preparer, that the preparer cannot meet such requirement based on technological constraints (including lack of access to the Internet). . (2) Conforming amendment Paragraph (3) of section 6011(e) is amended by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (d) Effective dates The amendments made by this section shall apply to returns the due date for which (determined without regard to extensions) is after December 31, 2014. 12. Increased real-time filing (a) Accelerated filing of forms W–2 and W–3 (1) In general Section 6071 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: (c) Returns relating to employee wage information Returns and statements made under sections 6051 and 6052 shall be filed on or before February 15 of the year following the calendar year to which such returns relate. . (2) Conforming amendment Subsection (b) of section 6071 is amended by striking subparts B and C section 6053 and subpart B (3) Effective date The amendments made by this subsection shall apply to returns and statements relating to calendar years beginning after the date of the enactment of this Act. (b) Accelerated filing for certain forms 1099 (1) In general Subsection (c) of section 6071, as amended by subsection (a), is amended— (A) by striking wage information wage information and Forms 1099–MISC (B) by inserting , and any return which is filed on Form 1099–MISC, 6052 (2) Conforming amendment Subsection (b) of section 6071, as amended by this Act, is amended by striking section 6053 and subpart B of part III of this subchapter subpart B of part III of this subchapter (other than returns filed on Form 1099–MISC) (3) Effective date The amendments made by this subsection shall apply to returns relating to calendar years beginning after December 31, 2014. (c) Study regarding administrative implementation Not later than January 1, 2017, the Secretary of the Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives including— (1) a recommendation of whether the due dates for filing Forms W–2 and W–3 with the Internal Revenue Service and the Social Security Administration should be accelerated to January 31 to match the due date for furnishing copies of such forms to the recipient of the reported income, (2) recommendations for processes— (A) to match the information reported on Forms W–2 and Forms 1099–MISC for the effective processing of returns and accurate determination of refunds, and (B) to correct errors on such documents, and (3) any other recommendations such Secretary may have for accelerating information reporting, including the identification of any other forms that should be due on an accelerated schedule in order to prevent tax refund fraud. 13. Limitation on multiple individual income tax refunds to the same account (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall issue regulations that restrict the delivery or deposit of multiple individual income tax refunds from the same tax year to the same individual account or mailing address. (b) Exception The regulation promulgated under subsection (a) shall provide that the restrictions shall not apply in cases and situations where the Secretary of the Treasury determines there is not a likelihood of tax fraud. 14. Identity verification required under due diligence rules (a) In general Subsection (g) of section 6695 is amended by adding at the end the following new sentence: Such due diligence requirements shall include a requirement that such preparer verify (in such manner and with such documentation as the Secretary shall provide) the identity of the taxpayer with respect to such return or claim for refund. (b) Effective date The amendment made by this section shall apply to returns or claims for refund filed after December 31, 2014. 15. Report on refund fraud Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury (or the Secretary's delegate) shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the extent and nature of fraud involving the use of a misappropriated taxpayer identity with respect to claims for refund under the Internal Revenue Code of 1986 during the preceding completed income tax filing season, and the detection, prevention, and enforcement activities undertaken by the Internal Revenue Service with respect to such fraud, including— (1) the development of fraud detection filters and how they are or may be updated and improved; (2) the effectiveness of fraud detection activities, and the ways in which such effectiveness is measured; and (3) the methods by which such Service categorizes of refund fraud, and the amounts of fraud that are associated with each category. | Tax Refund Theft Prevention Act of 2014 |
Invest in American Jobs Act of 2014 - Revises Buy American requirements with respect to federal-aid highways, capital investment grants to support intercity passenger rail service (rail grants), and Amtrak, particularly the handling of waiver requests. Revises similar Buy American requirements with respect to public transportation, particularly rolling stock. Requires the cost of rolling stock components and subcomponents produced in the United States to increase from 60% in FY2013 by 10% annual increments up to 100% for FY2017 and ensuing fiscal years. Revises waiver requirements as well to mirror those for federal-aid highways. Applies the rail grant Buy American requirements under this Act to recipients of rail loans and loan guarantees with respect to railroad rehabilitation and improvement. Prescribes Buy American requirements for procurement of a facility or equipment under federal aviation programs similar to those for rolling stock. Requires the Secretary of Transportation (DOT) to report annually to Congress on: (1) each project for which a waiver of Buy American requirements was issued; and (2) the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver. Amends the Safe Drinking Water Act to prescribe Buy American requirements for steel, iron, and manufactured goods used in the construction of a public water system. Adds similar Buy American requirements to the Public Works and Economic Development Act of 1965, with respect to economic development programs, and to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, with respect to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program. Amends the Truman-Hobbs Act to prescribe Buy American requirements for steel, iron, and manufactured goods used in the alteration of a bridge over U.S. navigable waters. | 113 S2737 IS: Invest in American Jobs Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2737 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Brown Mr. Merkley Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To ensure that transportation and infrastructure projects carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Invest in American Jobs Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Department of Transportation Sec. 101. Federal-aid highway Buy America provisions. Sec. 102. Public transportation Buy America provisions. Sec. 103. Rail grant Buy America provisions. Sec. 104. Rail loan and loan guarantee Buy America provisions. Sec. 105. Amtrak Buy America provisions. Sec. 106. Aviation Buy America provisions. Sec. 107. Department of Transportation Buy America annual report. TITLE II—Other infrastructure investment Sec. 201. Drinking water treatment Buy America provisions. Sec. 202. Economic development Buy America provisions. Sec. 203. FEMA mitigation grant Buy America provisions. Sec. 204. Bridges over navigable waters Buy America provisions. I Department of Transportation 101. Federal-aid highway Buy America provisions (a) In general Section 313 of title 23, United States Code, is amended to read as follows: 313. Buy America (a) Definition of produced in the United States In this section, the term produced in the United States (b) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, amounts made available to carry out this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope This section applies to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of those contracts, if at least one contract for the project is funded with amounts made available to carry out this title. (c) Exceptions (1) Issuance of waivers The Secretary may waive subsection (b) only if the Secretary finds that— (A) applying subsection (b) would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2014 (3) Labor costs For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components. (4) Requests for waivers A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (d) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (c), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (c)(1); and (ii) be provided by electronic means, including on the official public Internet site of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (c), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (e) State requirements The Secretary may not impose a limitation or condition on assistance provided under this title that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (f) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (1) affixed a label bearing a Made in America (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (g) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this title, including any project for which the Secretary has issued a waiver under subsection (c), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers (1) In general Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 313 of title 23, United States Code, to determine whether continuing that waiver is necessary. (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. (4) Detailed justification in Federal Register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). (c) Repeals (1) Waiver notification and annual reports Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 ( 23 U.S.C. 313 Public Law 110–244 (2) Notice and public comments Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note; Public Law 111–117 102. Public transportation Buy America provisions (a) In general Section 5323(j) of title 49, United States Code, is amended to read as follows: (j) Buy America (1) Definition of produced in the United States In this subsection, the term produced in the United States (2) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, and except as provided in subparagraph (B), amounts made available to carry out this chapter may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (B) Special rules for rolling stock (i) In general Amounts made available to carry out this chapter may not be obligated for the procurement of rolling stock (including train control, communication, and traction power equipment, and rolling stock prototypes) unless, when procuring such rolling stock under this chapter— (I) the cost of components and subcomponents produced in the United States is more than the applicable percentage under clause (ii) of the cost of all components of the rolling stock; and (II) final assembly of the rolling stock, including rolling stock prototypes, occurs in the United States. (ii) Applicable percentage The applicable percentage under this clause— (I) for fiscal year 2013 is 60 percent; (II) for fiscal year 2014 is 70 percent; (III) for fiscal year 2015 is 80 percent; (IV) for fiscal year 2016 is 90 percent; and (V) for fiscal year 2017 and each fiscal year thereafter is 100 percent. (C) Scope This subsection applies to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (3) Exceptions (A) Issuance of waivers The Secretary may waive paragraph (2) only if the Secretary finds that— (i) applying paragraph (2) would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (B) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2014 (C) Components of rolling stock If the Secretary finds that a component of rolling stock is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under subparagraph (A) with respect to such component. (D) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (E) Requests for waivers A recipient of assistance under this chapter seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (4) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver under paragraph (3), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (ii) Notice requirements A notice provided under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under clause (i), (ii), or (iii) of paragraph (3)(A); and (II) be provided by electronic means, including on the official public Internet site of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (3), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (5) State requirements The Secretary may not impose a limitation or condition on assistance provided under this chapter that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (6) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (A) affixed a label bearing a Made in America (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States. (7) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance, including any project for which the Secretary has issued a waiver under paragraph (3), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (8) Opportunity to correct inadvertent error The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. . (b) Review of general public interest waivers (1) In general Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review the general public interest waivers described in subsection (b) of Appendix A to section 661.7 (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. (4) Detailed justification in Federal Register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). 103. Rail grant Buy America provisions (a) In general Section 24405(a) of title 49, United States Code, is amended to read as follows: (a) Buy America (1) Definition of produced in the United States In this subsection, the term produced in the United States (2) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (B) Scope This subsection applies to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of those contracts, if at least 1 contract for the project is funded with amounts made available to carry out a provision described in subparagraph (A). (3) Exceptions (A) Issuance of waivers The Secretary of Transportation may waive paragraph (2) if the Secretary determines that— (i) applying paragraph (2) would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (B) Rulemaking Not later than 1 year after the date of the enactment of the Invest in American Jobs Act of 2014 (C) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (D) Requests for waivers A recipient of assistance under this chapter, chapter 223, chapter 261, or section 20154 or 24105 seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (4) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver under paragraph (3), the Secretary shall provide notice of, and an opportunity for, public comment on the request at least 30 days before making a determination based on the request. (ii) Notice requirements A notice under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under clause (i), (ii), or (iii) of paragraph (3)(A); and (II) be provided by electronic means, including on the official public Internet site of the Department of Transportation. (B) Detailed justification in federal register If the Secretary issues a waiver under paragraph (3), the Secretary shall publish, in the Federal Register, a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (5) State requirements The Secretary may not impose a limitation or condition on assistance provided under this chapter, chapter 223, chapter 261, or section 20154 or 24105 that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (6) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (A) affixed a label bearing a Made in America (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States if such items— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States. (7) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105, including any project for which the Secretary has issued a waiver under paragraph (3), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (8) Opportunity to correct inadvertent error The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. . (b) Review of nationwide waivers (1) In general Not later than 1 year after the date of the enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24405(a) (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. (4) Detailed justification in federal register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). 104. Rail loan and loan guarantee Buy America provisions Section 502(h)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(h)(3) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) the requirements under section 24405(a) of title 49, United States Code. . 105. Amtrak Buy America provisions (a) In general Section 24305(f) of title 49, United States Code, is amended to read as follows: (f) Buy America (1) Definition of produced in the United States In this subsection, the term produced in the United States (2) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, amounts made available to Amtrak under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 Public Law 110–432 (B) Scope This subsection applies to all contracts for a project or other capital expense carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Passenger Rail Investment and Improvement Act of 2008 (C) United States defined In this subsection, the term United States (3) Exceptions (A) Issuance of waivers The Secretary of Transportation may waive paragraph (2) if the Secretary determines that— (i) applying paragraph (2) would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project or other capital expense are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project or other capital expense will increase the total cost of the project or expense by more than 25 percent. (B) Regulations Not later than 1 year after the date of the enactment of the Invest in American Jobs Act of 2014 (C) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (D) Requests for waivers If Amtrak seeks a waiver under subparagraph (A), Amtrak shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (4) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver from Amtrak under paragraph (3), the Secretary shall provide notice of, and an opportunity for, public comment on the request at least 30 days before making a determination based on the request. (ii) Notice requirements A notice under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under clause (i), (ii), or (iii) of paragraph (3)(A); and (II) be provided by electronic means, including on the official public Internet site of the Department of Transportation. (B) Detailed justification in federal register If the Secretary issues a waiver under paragraph (3), the Secretary shall publish, in the Federal Register, a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (5) State requirements The Secretary may not impose a limitation or condition on assistance provided under this section that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (6) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (A) affixed a label bearing a Made in America (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States if such items— (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States. (7) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a capital project or other capital expense funded with amounts described in paragraph (2)(A), including any project or capital expense for which the Secretary has issued a waiver under paragraph (3), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers (1) In general Not later than 1 year after the date of the enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24305(f) (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. (4) Detailed justification in federal register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). 106. Aviation Buy America provisions (a) Buy-American preferences Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting the following: Buy America (b) Enhancements To buy America requirements Section 50101 of such title is amended to read as follows: 50101. Buy America (a) Definition of produced in the United States In this section, the term produced in the United States (b) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), funds made available to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Special rules for certain facilities and equipment With respect to a project for the procurement of a facility or equipment, funds made available to carry out the provisions specified in paragraph (1) may not be obligated for the project unless— (A) the cost of components and subcomponents produced in the United States— (i) for fiscal year 2015 is more than 60 percent of the cost of all components of the facility or equipment; (ii) for fiscal year 2016 is more than 70 percent of the cost of all components of the facility or equipment; (iii) for fiscal year 2017 is more than 80 percent of the cost of all components of the facility or equipment; (iv) for fiscal year 2018 is more than 90 percent of the cost of all components of the facility or equipment; and (v) for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and (B) final assembly of the facility or equipment occurs in the United States. (3) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Exceptions (1) Issuance of waivers The Secretary of Transportation may waive the requirements of subsection (b) only if the Secretary finds that— (A) applying subsection (b) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2014 (3) Labor costs For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components. (4) Requests for waivers An entity seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (5) Preference for American-assembled facilities and equipment In the procurement of a facility or equipment subject to a waiver issued under paragraph (1), the Secretary shall give preference to a facility or equipment for which final assembly occurred in the United States. (6) Limitation on waiver authority In the procurement of a facility or equipment, if the Secretary finds that a component of the facility or equipment is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under paragraph (1) with respect to such component. (d) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (c), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (c)(1); and (ii) be provided by electronic means, including on the official public Internet site of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (c), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (e) State requirements The Secretary may not impose a limitation or condition on assistance provided with funds made available to carry out a provision specified in subsection (b)(1) that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with funds made available to carry out a provision specified in subsection (b)(1), including any project for which the Secretary has issued a waiver under subsection (c), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (c) Clerical amendments (1) Subtitle analysis The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 501 and inserting the following: 501. Buy America 50101 . (2) Chapter analysis The analysis for chapter 501 50101. Buy America. . (d) Prohibition on contracting upon falsification of label Section 50105 of such title is amended by inserting steel, iron, or manufactured goods (e) Review of nationwide waivers (1) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 50101 (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet site of the Department of Transportation. (4) Detailed justification in federal register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). 107. Department of Transportation Buy America annual report Section 308 (f) Buy America Not later than February 1 of each year beginning after the date of enactment of this subsection, the Secretary shall submit to Congress a report that— (1) specifies each project with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; (2) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver from a Buy America requirement issued by the Secretary during the preceding calendar year; (3) summarizes the monetary value of contracts awarded pursuant to each such waiver; (4) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (5) summarizes the funds expended on— (A) steel, iron, and manufactured goods produced in the United States for projects with respect to which a Buy America requirement, under which the Secretary has waiver authority, applied during the preceding calendar year; and (B) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; and (6) provides an employment impact analysis of the cumulative effect of all waivers from a Buy America requirement issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. . II Other infrastructure investment 201. Drinking water treatment Buy America provisions (a) In general Section 1452(a) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a) (4) Requirement For Use of American Materials (A) Definition of produced in the United States In this paragraph, the term produced in the United States (B) Requirement Notwithstanding any other provision of law, none of the funds made available by a State loan fund, as authorized under this section, may be used for a project for the construction, alteration, maintenance, or repair of a public water system unless the steel, iron, and manufactured goods used in that project are produced in the United States. (C) Waivers Subparagraph (B) shall not apply in any case in which the Administrator, in consultation with the Governor of the applicable State, finds that— (i) applying subparagraph (B) would be inconsistent with the public interest; (ii) the steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (D) Public Notification and Written Justification for Waiver If the Administrator determines that it is necessary to waive the application of subparagraph (B) based on a finding under subparagraph (C), the Administrator shall— (i) not less than 15 days prior to waiving the application of subparagraph (B), provide public notice and the opportunity to comment on the intent of the Administrator to issue the waiver; and (ii) on issuing the waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. (E) Annual report Not later than the first February 1 after the date of enactment of this paragraph and not later than each February 1 thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (i) specifies each project with respect to which the Administrator issued a waiver under subparagraph (C) during the preceding calendar year; (ii) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subparagraph (C) issued by the Administrator during the preceding calendar year; (iii) summarizes the monetary value of contracts awarded pursuant to each waiver; (iv) provides the justification for each waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (v) summarizes the amounts expended on— (I) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (II) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Administrator issued a waiver under subparagraph (C) during the preceding calendar year; and (vi) provides an employment impact analysis of the cumulative effect of all waivers under subparagraph (C) issued by the Administrator during the preceding calendar year on manufacturing employment in the United States. (F) State requirements The Administrator may not impose a limitation or condition on assistance provided under this section that restricts— (i) a State from imposing requirements that are more stringent than those imposed under this paragraph with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (ii) any recipient of such assistance from complying with such State requirements. (G) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (i) affixed a label bearing a Made in America (I) were used in a project to which this section applies; and (II) were not produced in the United States; or (ii) represented that any steel, iron, or manufactured goods were produced in the United States that— (I) were used in a project to which this paragraph applies; and (II) were not produced in the United States. (H) Consistency with international agreements (i) In general This paragraph shall be applied in a manner that is consistent with United States obligations under international agreements. (ii) Treatment of foreign countries in violation of international agreements The Administrator shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available from a State loan fund, including any project for which the Administrator has issued a waiver under subparagraph (C), if the Administrator, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Administrator of the Environmental Protection Agency shall review each standing nationwide waiver issued under paragraph (4) of section 1452(a) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a) 202. Economic development Buy America provisions (a) In general Title VI of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3211 et seq. 613. Buy America (a) Definition of produced in the United States In this section, the term produced in the United States (b) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, amounts made available to carry out section 201 or 209 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope This section applies to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regardless of the funding source of those contracts, if at least one contract for the project is funded with amounts made available to carry out section 201 or 209. (c) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (b) only if the Secretary finds that— (A) applying subsection (b) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (b) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under section 201 or 209 seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (d) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (c), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (c)(1); and (ii) be provided by electronic means, including on the official public Internet site of the Department. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (c), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than the first February 1 after the date of enactment of this section and not later than each February 1 thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) specifies each project with respect to which the Secretary issued a waiver under subsection (c) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (c) issued by the Secretary during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each waiver; (D) provides the justification for each waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the amounts expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection (c) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (c) issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. (e) State requirements The Secretary may not impose a limitation or condition on assistance provided under section 201 or 209 that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (f) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (1) affixed a label bearing a Made in America (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (g) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out section 201 or 209, including any project for which the Secretary has issued a waiver under subsection (c), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Clerical amendment The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 is amended by inserting after the item relating to section 612 the following: 613. Buy America. . (c) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Commerce shall review each standing nationwide waiver issued under section 613 of the Public Works and Economic Development Act of 1965 (as added by this section) to determine whether continuing that waiver is necessary. 203. FEMA mitigation grant Buy America provisions (a) In general Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following: 707. Buy America (a) Definition of produced in the United States In this section, the term produced in the United States (b) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available under section 203, 404, 406, 417, or 614 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope This section applies to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of those contracts, if at least one contract for the project is funded with amounts made available to carry out a section specified in paragraph (1). (c) Exceptions (1) Issuance of waivers The President may waive subsection (b) only if the President finds that— (A) applying subsection (b) would be inconsistent with the public interest, as determined in accordance with the regulations issued in accordance with paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2014 (3) Requests for waivers A recipient of assistance under a section specified in subsection (b)(1) seeking a waiver under paragraph (1) of this subsection shall submit to the President a request for the waiver in such form and containing such information as the President may require. (d) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the President receives a request for a waiver under subsection (c), the President shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the President concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (c)(1); and (ii) be provided by electronic means, including on the official public Internet site of the President. (2) Detailed justification in Federal Register If the President issues a waiver under subsection (c), the President shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of the Invest in American Jobs Act of 2014 (A) specifies each project with respect to which the President issued a waiver under subsection (c) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (c) issued by the President during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the funds expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the President issued a waiver under subsection (c) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (c) issued by the President during the preceding calendar year on manufacturing employment in the United States. (e) State requirements The President may not impose a limitation or condition on assistance provided under a section specified in subsection (b)(1) that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (f) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (1) affixed a label bearing a Made in America (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (g) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The President shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out a section specified in subsection (b)(1), including any project for which the President has issued a waiver under subsection (c), if the President, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (h) Emergency waiver Notwithstanding any other provision of this section, the President may waive the applicability of this section, in whole or in part, in an emergency. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the President shall review each standing nationwide waiver issued under section 707 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by this section) to determine whether continuing such waiver is necessary. (c) Repeal of Buy America requirements Section 306 of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206 204. Bridges over navigable waters Buy America provisions (a) In general The Act of June 21, 1940 ( 33 U.S.C. 511 et seq. Truman-Hobbs Act 14. Buy America (a) Definition of produced in the United States In this section, the term produced in the United States (b) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, amounts made available to carry out this Act may not be used, in whole or in part, for a project for the alteration of a bridge unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope This section applies to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of those contracts, if at least one contract for the project is funded with amounts made available to carry out this Act. (c) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (b) only if the Secretary finds that— (A) applying subsection (b) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (b) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under this Act seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (d) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (c), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (c)(1); and (ii) be provided by electronic means, including on the official public Internet site of the department in which the Coast Guard is operating. (2) Detailed justification in Federal register If the Secretary issues a waiver under subsection (c), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than the first February 1 after the date of enactment of this section and not later than each February 1 thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (A) specifies each project with respect to which the Secretary issued a waiver under subsection (c) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (c) issued by the Secretary during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each waiver; (D) provides the justification for each waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the amounts expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection (c) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (c) issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. (e) State requirements The Secretary may not impose a limitation or condition on assistance provided under this Act that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (f) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (1) affixed a label bearing a Made in America (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (g) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available under this Act, including any project for which the Secretary has issued a waiver under subsection (c), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (h) Emergency waiver Notwithstanding any other provision of this section, the Secretary may waive the applicability of this section, in whole or in part, in an emergency. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of the department in which the Coast Guard is operating shall review each standing nationwide waiver issued under section 14 of the Act of June 21, 1940 (as added by this section), to determine whether continuing that waiver is necessary. | Invest in American Jobs Act of 2014 |
Toxic Exposure Research Act of 2014 - Directs the Secretary of Veterans Affairs to select a medical center in the Department of Veterans Affairs (VA) to serve as the national center for research on the diagnosis and treatment of health conditions of descendants (i.e., a biological child, grandchild, or great-grandchild) of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure. Requires the national research center to employ at least one licensed clinical social worker to coordinate the access of individuals to appropriate federal, state, and local social and health care programs and to handle case management. Directs the Secretary to establish an advisory board to: (1) advise the national research center, (2) determine which health conditions in the descendants of individuals who were exposed to toxic substances while serving in the Armed Forces result from such exposure for purposes of determining those descendants' eligibility for VA medical care, and (3) study and evaluate claims of service-related exposure to toxic substances by current and former members of the Armed Forces. Authorizes the Secretary of Defense (DOD) to declassify documents (other than documents that would materially and immediately threaten national security) related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of disability. Directs the Secretary, the Secretary of Health and Human Services (HHS), and the DOD Secretary to jointly conduct a national outreach and education campaign directed at members of the Armed Forces, veterans, and their family members to communicate information on: (1) incidents of exposure to toxic substances, health conditions resulting form such exposure, and the potential long-term effects of such exposure; and (2) the national research center. | 113 S2738 IS: Toxic Exposure Research Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2738 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Blumenthal Mr. Moran Mr. Begich Committee on Veterans' Affairs A BILL To establish in the Department of Veterans Affairs a national center for research on the diagnosis and treatment of health conditions of the descendants of veterans exposed to toxic substances during service in the Armed Forces, to establish an advisory board on exposure to toxic substances, and for other purposes. 1. Short title This Act may be cited as the Toxic Exposure Research Act of 2014 2. Definitions In this Act: (1) Armed Force The term Armed Force (2) Descendant The term descendant (3) Toxic substance The term toxic substance (4) Veteran The term veteran section 101 3. National center for research on the diagnosis and treatment of health conditions of the descendants of individuals exposed to toxic substances during service in the Armed Forces (a) National center (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the advisory board established under section 4, select a medical center of the Department of Veterans Affairs to serve as the national center for research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure (in this section referred to as the National Center (2) Criteria for selection The National Center shall be selected under paragraph (1) from among medical centers of the Department with expertise in diagnosing and treating functional and structural birth defects and caring for individuals exposed to toxic substances, or that are affiliated with research medical centers or teaching hospitals with such expertise, that seek to be selected under this section. (b) Research (1) In general The National Center may conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure. (2) Studies In conducting research under paragraph (1), the National Center shall study individuals, at the election of the individual, for whom the Secretary has made one of the following determinations: (A) (i) The individual is a descendant of an individual who served as a member of the Armed Forces; (ii) such member was exposed to a toxic substance while serving as a member of the Armed Forces; and (iii) such descendant is afflicted with a health condition that is determined by the advisory board established in section 4 to be a health condition that results from the exposure of such member to such toxic substance. (B) (i) The individual was exposed to a toxic substance while serving as a member of the Armed Forces; and (ii) such individual is afflicted with a health condition that is determined by the advisory board established in section 4 to be a health condition that results from the exposure of such individual to such toxic substance. (3) Use of records (A) In general The Secretary of Defense or the head of a Federal agency may make available to the Secretary of Veterans Affairs for review records held by the Department of Defense, an Armed Force, or that Federal agency, as appropriate, that might assist the Secretary of Veterans Affairs in making the determinations required by paragraph (2). (B) Mechanism The Secretary of Veterans Affairs and the Secretary of Defense or the head of the appropriate Federal agency may jointly establish a mechanism for the availability and review of records by the Secretary of Veterans Affairs under subparagraph (A). (c) Social workers The National Center shall employ not less than one licensed clinical social worker to coordinate access of individuals to appropriate Federal, State, and local social and healthcare programs and to handle case management. (d) Reimbursement for necessary travel and room and board The National Center shall reimburse any individual participating in a study pursuant to subsection (b), and any parent, guardian, spouse, or sibling who accompanies such individual, for the reasonable cost of— (1) travel to the National Center for participation in such study; and (2) room and board during the period in which such individual is participating in such study at the National Center. (e) Report Not less frequently than annually, the National Center shall submit a report to Congress on the functions of the National Center during the year preceding the submittal of the report that includes a summary of the research efforts of the National Center under this section that have been completed during such year and that are ongoing as of the date of the submittal of the report. 4. Advisory board (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory board (in this section referred to as the Advisory Board (1) to advise the National Center established under section 3; (2) to determine which health conditions result from exposure to toxic substances; and (3) to study and evaluate cases of exposure of current and former members of the Armed Forces to toxic substances if such exposure is related the service of the member in the Armed Forces. (b) Membership (1) Composition Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services, the Director of the National Institute of Environmental Health Sciences, and other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select not less than 13 members of the Advisory Board, of whom— (A) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986; (B) not less than one shall be— (i) a descendant of an individual who was exposed to toxic substances while serving as a member of the Armed Forces and the descendant has manifested a birth defect or functional disability as a result of the exposure of that individual; or (ii) a parent, child, or grandchild of that descendant; and (C) additional members may be selected from among— (i) health professionals, scientists, and academics with expertise in— (I) birth defects; (II) developmental disabilities; (III) epigenetics; (IV) public health; (V) the science of environmental exposure or environmental exposure assessment; (VI) the science of toxic substances; or (VII) medical and research ethics; (ii) social workers; and (iii) advocates for veterans or members of the Armed Forces. (2) Chairperson The Secretary shall select a Chairperson from among the members of the Advisory Board. (3) Terms Each member of the Advisory Board shall serve a term of two or three years as determined by the Secretary. (c) Duties (1) Advisory role with respect to the National Center With respect to the National Center established under section 3, the Advisory Board shall— (A) oversee and assess the work of the National Center; and (B) advise the Secretary of Veterans Affairs on— (i) issues related to the research conducted at the National Center; and (ii) the particular benefits and services required by the descendants of individuals exposed to toxic substances while serving as members of the Armed Forces. (2) Determination that health conditions resulted from toxic exposure The Advisory Board shall determine which health conditions in descendants of individuals exposed to toxic substances while serving as members of the Armed Forces are health conditions that resulted from the exposure of that individual to that toxic substance for purposes of eligibility of those descendants for medical care under section 1781 (3) Study and consideration of toxic substance exposure claims (A) In general The Advisory Board shall study and evaluate claims of exposure to toxic substances by current and former members of the Armed Forces that is related to the service of the member in the Armed Forces. (B) Submission of claims Claims of exposure described in subparagraph (A) may be submitted to the Advisory Board in such form and in such manner as the Secretary of Veterans Affairs may require by any of the following individuals or entities: (i) A member of the Armed Forces. (ii) A veteran. (iii) A descendant of a member of the Armed Forces. (iv) A descendant of a veteran. (v) A veterans advocacy group. (vi) An official of the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces. (vii) An official of the Department of Defense with responsibility or experience monitoring the health of current and former members of the Armed Forces. (C) Consideration of claims Not later than 180 days after receiving a claim submitted pursuant to subparagraph (B), the Advisory Board shall consider the claim and take one of the following actions: (i) If the Advisory Board determines that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense, the Advisory Board shall submit to the Secretary of Veterans Affairs a report described in subparagraph (D). (ii) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall refer the claim to the National Center established under section 3 to conduct further research and report its findings to the Advisory Board. (iii) If the Advisory Board determines that exposure to a toxic substance did not occur, the Advisory Board shall report such determination to the Secretary of Veterans Affairs. (D) Report If the Advisory Board makes a determination under subparagraph (C)(i), the Advisory Board shall submit to the Secretary of Veterans Affairs a report that contains the following: (i) Evidence used by the Advisory Board in making the determination under subparagraph (C)(i), including, if appropriate, the following: (I) Scientific research. (II) Peer-reviewed articles from scientific journals relating to exposure to toxic substances. (III) Medical research conducted by the Department of Veterans Affairs, the Department of Defense, or the medical community. (ii) Recommendations on the extent to which the Department of Veterans Affairs or the Department of Defense should provide health care, benefits, or other compensation with respect to exposure to a toxic substance to the following individuals: (I) An individual exposed to a toxic substance as determined under subparagraph (C)(i). (II) A descendant of that individual. (iii) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this Act. (E) Publication of evidence (i) In general Except as provided in clause (ii), the Secretary shall publish in the Federal Register the evidence described in clause (i) of subparagraph (D) that is submitted with the report required by that subparagraph. (ii) Exception Such evidence may not be published if the Secretary determines that preventing such publication— (I) is in the national security interest of the United States; or (II) protects the privacy interests of individuals exposed to toxic substances. (F) Subpoena authority The Advisory Board may require by subpoena the attendance and testimony of witnesses necessary to consider claims of exposure to toxic substances under this paragraph. (G) Cooperation of Federal Agencies The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board for purposes of considering claims of exposure to toxic substances under this paragraph. (d) Meetings The Advisory Board shall meet at the call of the Chair, but not less frequently than semiannually. (e) Compensation (1) In general The members of the Advisory Board shall serve without compensation. (2) Travel expenses The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (f) Personnel (1) In general The Chairperson may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Veterans Affairs, and such other personnel as may be necessary to enable the Advisory Board to perform its duties. (2) Approval The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board. (3) Compensation The Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. 5. Declassification by Department of Defense of certain incidents of exposure of members of the Armed Forces to toxic substances (a) In general The Secretary of Defense may declassify documents related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that a member of the medical profession has determined to be associated with that toxic substance. (b) Limitation The declassification authorized by subsection (a) shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following: (1) Whether that individual was exposed to that toxic substance. (2) The potential severity of the exposure of that individual to that toxic substance. (3) Any potential health conditions that may have resulted from exposure to that toxic substance. (c) Exception The Secretary of Defense is not required to declassify documents if the Secretary determines that declassification of those documents would materially and immediately threaten the security of the United States. 6. National outreach campaign on potential long-term health effects of exposure to toxic substances by members of the Armed Forces and their descendants The Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Defense shall jointly conduct a national outreach and education campaign directed towards members of the Armed Forces, veterans, and their family members to communicate the following information: (1) Information on— (A) incidents of exposure of members of the Armed Forces to toxic substances; (B) health conditions resulting from such exposure; and (C) the potential long-term effects of such exposure on the individuals exposed to those substances and the descendants of those individuals. (2) Information on the National Center established under section 3 of this Act for individuals eligible to participate in studies conducted at the National Center. | Toxic Exposure Research Act of 2014 |
Biogas Investment Tax Credit Act of 2014 - Amends the Internal Revenue Code to allow: (1) an energy tax credit through 2019 for investment in qualified biogas property, and (2) financing of qualified biogas property with new clean renewable energy bonds. Defines "qualified biogas property" as property comprising a system which uses anaerobic digesters or other processes to convert biomas into a gas which consists of not less than 52% methane and which captures such gas for use as a fuel. Directs the Secretary of the Treasury to enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas and to submit a report to Congress on such study. | 113 S2739 IS: Biogas Investment Tax Credit Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2739 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Schumer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make qualified biogas property eligible for the energy credit and to permit new clean renewable energy bonds to finance qualified biogas property. 1. Short title This Act may be cited as the Biogas Investment Tax Credit Act of 2014 2. Incentives for qualified biogas property (a) Incentives for qualified biogas property made eligible for the energy credit (1) In general Subparagraph (A) of section 48(a)(3) or or (viii) qualified biogas property, . (2) Qualified biogas property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Qualified biogas property (A) In general The term qualified biogas property (i) uses anaerobic digesters or other biological, chemical, thermal, or mechanical processes (alone or in combination) to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2019. . (3) Qualified biogas property made eligible for 30 percent credit Clause (i) of section 48(a)(2)(A) of such Code is amended by striking and (V) qualified biogas property, and . (4) Denial of double benefit Subsection (e) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility . (5) Effective date The amendments made by this subsection shall apply to periods after December 31, 2013, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Qualified biogas property made eligible for financing with new clean renewable energy bonds (1) In general Paragraph (1) of section 54C(d) , or a qualified biogas property (as defined in section 48(c)(5)), owned by (2) Effective date The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act. (c) Study of biogas The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas. Such agreement shall provide for a written report to be submitted to Congress not later than 2 years after the date of the enactment of this Act. Such report shall address the following issues: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make it unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in its greater use and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States. | Biogas Investment Tax Credit Act of 2014 |
Connect with Veterans Act of 2014 - Directs the Secretary of Veterans Affairs to: (1) establish a program to facilitate outreach to veterans by the Department of Veterans Affairs (VA), the primary agencies of states for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes; and (2) publicize such program and the benefits to such entities of participating. Requires the Secretary, to carry out such program, to: (1) establish a national directory of veterans, and (2) share information in the directory with any such entities from whom a participating individual has expressed interest in receiving information. Prohibits: (1) the Secretary from selling information collected under this Act, (2) the Secretary or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Secretary of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) protect the privacy of individuals who submit information and the security of information. Directs the Secretaries of Defense and Labor to jointly take appropriate steps to integrate the collection of information under this Act into the Transition Assistance Program. | 113 S2740 IS: Connect with Veterans Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2740 IN THE SENATE OF THE UNITED STATES July 31, 2014 Ms. Heitkamp Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to establish a voluntary national directory of veterans to support outreach to veterans, and for other purposes. 1. Short title This Act may be cited as the Connect with Veterans Act of 2014 2. Voluntary national directory of veterans (a) Program required (1) In general The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish a program to facilitate outreach to veterans by covered entities. (2) Covered entities For purposes of this section, a covered entity is any of the following: (A) The Department of Veterans Affairs. (B) The agency or department of a State that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (C) A political subdivision of a State. (D) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (3) National directory To carry out the program required by paragraph (1), the Secretary shall— (A) establish a national directory of veterans as described in subsection (b); and (B) share information in the directory in accordance with subsection (c). (b) National directory (1) In general The Secretary of Veterans Affairs shall establish the national directory required by subsection (a)(3) using information received from the Secretary of Defense under subsection (d)(4). (2) Updates The Secretary of Veterans Affairs shall ensure that the national directory includes a mechanism by which a participating individual can update the information in the national directory that pertains to the participating individual. (3) Disenrollment The Secretary shall establish a mechanism by which a participating individual can indicate to the Secretary that the individual would no longer like to receive information from participating entities under the program. (4) Reenrollment The Secretary shall establish a mechanism for the inclusion of information in the national directory of individuals who were previously participating individuals but who had made an indication under paragraph (3) and subsequently indicate that they would like to receive information from participating entities under the program. (5) Privacy and security The Secretary shall take such actions as the Secretary considers appropriate to protect— (A) the privacy of individuals participating in the program; and (B) the security of the information stored in the national directory. (6) eBenefits The Secretary of Veterans Affairs may use the system and architecture of the eBenefits Internet website of the Department of Veterans Affairs to support and operate the national directory as the Secretary considers appropriate. (c) Outreach (1) Sharing of directory information (A) In general Except as provided in paragraph (2), in order to connect participating individuals with information about the programs they could be eligible for or services, support, and information they may be interested in receiving, the Secretary of Veterans Affairs may share, under the program established under subsection (a)(1), information in the national directory concerning such individuals with entities applicable to participating individuals. (B) Entities applicable to participating individuals For purposes of this subsection, an entity that is applicable to a participating individual is a covered entity from whom a participating individual has expressed interest in receiving information under the program. (C) Updated information In a case in which a participating individual updates the information pertaining to the participating individual under subsection (b)(2), the Secretary shall transmit such information to each entity applicable to the participating individual. (D) Notification of disenrollment In a case in which a participating individual indicates to the Secretary under subsection (b)(3) that the individual would no longer like to receive information from participating entities under the program, the Secretary shall inform each entity applicable to the participating individual that the individual would no longer like to receive information from the entity under the program. (2) Limitations (A) Limitations on the Secretary (i) Information shared Under the program, the Secretary of Veterans Affairs may only share from the national directory the following: (I) The name of a participating individual. (II) The e-mail address of a participating individual. (III) The postal address of a participating individual. (IV) The phone number of a participating individual. (ii) Prohibition on sale of information The Secretary may not sell any information collected under this section. (iii) Entities The Secretary may not share any information collected under the program with any entity that is not a participating entity. (B) Limitations on participating entities (i) Sharing with third-party and for-profit entities As a condition of participation in the program, a participating entity shall agree not to share any information the participating entity receives under the program with any third-party or for-profit entities. (ii) Purchases of products or services As a condition of participation in the program, a participating entity shall agree not to include in any information sent by the participating entity to a participating individual a requirement that the participating individual or the family of the participating individual purchase a product or service. (iii) Political communication As a condition of participation in the program, a participating entity shall agree not to use any information received under the program for any political communication. (3) Disenrollment by participating entities The Secretary shall establish a mechanism by which a participating entity may indicate to the Secretary that the participating entity would no longer like to receive information about participating individuals from the national directory. (4) Sense of Congress (A) Consolidation of requests It is the sense of Congress that covered entities described in subsection (a)(2)(C) who are located in the same region should work together in a manner such that only one of them requests receipt of information under the program. (B) Collaboration It is the sense of Congress that covered entities described in subsection (a)(2)(C) should work with third parties, such as veterans service organizations, military community groups, and other entities with an interest in assisting veterans, to develop the information the covered entities send to participating individuals under the program. (5) Publicity The Secretary shall develop a plan to publicize the program and inform covered entities of the benefits of participating in the program. (d) Collection of contact information (1) In general To each member of the Armed Forces separating from service in the Armed Forces, the Secretary of Defense shall provide a form for the collection of information to be included in the national directory established under subsection (a). (2) Form (A) Development The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop the form provided under paragraph (1). (B) Elements The form developed under subparagraph (A) shall allow a member of the Armed Forces who is in the process of separating from service in the Armed Forces to indicate the following: (i) Where the member intends to reside after separation. (ii) How the individual can best be contacted, such as a telephone number, an e-mail address, or a postal address. (iii) For which types of benefits and services the member would like to receive communication and outreach, such as health care, education, employment, and housing. (iv) From which of the following the member would like to receive the communication and outreach specified under clause (iii): (I) The Department of Veterans Affairs. (II) The agency or department of the State in which the member intends to reside after separation that is the primary agency or department of the State for the administration of benefits and services for veterans in the State. (III) A political subdivision of a State. (C) Notice The form developed under subparagraph (A) shall include notice of the following: (i) Information provided to agencies and departments described in subparagraph (B)(iv)(III) will only be provided as authorized and upon request by such agencies and departments. (ii) Political subdivisions of States that receive information under the program established under subsection (a) may— (I) share such information with such nonprofit organizations as the political subdivisions consider appropriate; and (II) work with such organizations to provide the veterans with relevant information about benefits and services offered by such organizations. (iii) Information provided on the form developed under subparagraph (A) will never be sold, provided to a for-profit entity, or used to send any sort of political communication. (D) Manner The Secretary of Defense shall ensure that the form provided under paragraph (1) is not primarily electronic in nature. (3) Voluntary participation The Secretary of Defense shall ensure that completion of the form provided under paragraph (1) is voluntary and submittal of such form to the Secretary by a member of the Armed Forces shall be considered an indication to the Secretary that the member would like to receive information from participating entities under the program. (4) Transmittal of information to Secretary of Veterans Affairs Not later than 30 days after the date on which a member of the Armed Forces who submitted information to the Secretary of Defense under this subsection separates from service in the Armed Forces, the Secretary of Defense shall transmit such information to the Secretary of Veterans Affairs. (5) Privacy and security The Secretary of Defense shall take such actions as the Secretary considers appropriate to protect— (A) the privacy of individuals who submit information under this subsection; and (B) the security of such information— (i) while it is in the possession of the Secretary; and (ii) while it is in transit to the Secretary of Veterans Affairs. (6) Integration with Transition Assistance Program The Secretary of Defense and the Secretary of Labor shall jointly take such actions as the secretaries consider appropriate to integrate the collection of information under this subsection into the Transition Assistance Program. (e) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the program established under subsection (a)(1). (2) Contents The report submitted under paragraph (1) shall include an examination and assessment of the following: (A) The signup process and the effectiveness of the forms developed and provided under subsection (d). (B) The ways in which contact information is transferred from the Secretary of Defense to the Secretary of Veterans Affairs under the program and the plans of the secretaries to overcome challenges encountered by the secretaries in transferring such information. (C) The number of covered entities described in subsection (a)(2)(C) participating in the program and any challenges they report in receiving the contact information from the Secretary of Veterans Affairs under the program. (D) The effectiveness of efforts of the Secretary of Veterans Affairs and the Secretary of Defense to protect the personal information of participating individuals. (E) The effectiveness of efforts of covered entities described in subsection (a)(2)(C) to protect the personal information of participating individuals. (F) Whether additional limitations on the use of information collected under the program are necessary to protect participating individuals from unwanted contact, or contact that is inconsistent with the program. (G) Whether participating individuals are benefitting by participating in the program and whether changing the program would improve such benefits. (H) The overall participation in the program, utilization of the program, and how such participation and utilization could be improved. (I) Such other matters as the secretaries consider appropriate. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. (B) The Committee on Veterans' Affairs, the Committee on Armed Services, and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (f) Definitions In this section: (1) Participating entity The term participating entity (2) Participating individual The term participating individual | Connect with Veterans Act of 2014 |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Intelligence Authorization Act for Fiscal Year 2015 - Title I: Intelligence Activities - (Sec. 101) Authorizes FY2015 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS). (Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2015, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. (Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2015 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority. Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2015, as well as for personnel positions for elements within such Account. Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2015 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - Subtitle A: General Matters - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Amends the National Security Act of 1947 to require the DNI to conduct a quadrennial intelligence strategic review that delineates a national intelligence strategy addressing capabilities, structure, policies, infrastructure, budget plans, and other aspects of U.S. intelligence activities to meet national security objectives for the next 10 years. Requires consultation with federal agencies; each element of the intelligence community; state, local, and tribal governments; Congress; private sector representatives; and academics. Directs the DNI to submit a report to Congress regarding each review. (Sec. 304) Requires the DNI to prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities. (Sec. 305) Directs the DNI to submit to Congress a strategic plan for applying private sector best practices for employee access and monitoring systems to certain positions within the intelligence community in accordance with privacy and civil liberties protections. Requires such plan to assess the feasibility of implementing private sector: (1) hiring and human resources best practices to screen applicants for positions involving trusted access to sensitive information; (2) policies for holding supervisors and subordinates accountable for violations of established security protocols; (3) mandatory leave policies; and (4) risk indices, such as credit risk scores, to make determinations about employee access to sensitive information. (Sec. 306) Requires each element of the intelligence community to adopt Attorney General-approved procedures to prohibit retention for a period in excess of five years of nonpublic telephone or electronic communications to or from a U.S. person that are acquired without a court order and without the consent of a person who is a party to the communication (including communications in electronic storage) unless: the communication constitutes, or is necessary to understand or assess, foreign intelligence or counterintelligence; the communication constitutes evidence of a crime and is retained by a law enforcement agency; the communication is enciphered or reasonably believed to have a secret meaning; all parties to the communication are reasonably believed to be non-U.S. persons; retention is necessary to protect against an imminent threat to human life (in which case the information must be reported to Congress within 30 days of the date such retention is extended) or for technical assurance or compliance purposes (in which case the information must be reported to Congress annually); or the head of an element of the intelligence community approves retention for a period in excess of five years if necessary to protect U.S. national security. Requires the head of an element approving retention in excess of five years for national security purposes to certify to Congress: (1) the reasons extended retention is necessary to protect U.S. national security, (2) the duration of the retention, (3) the particular information to be retained, and (4) the measures being taken to protect the privacy interests of U.S. persons or persons located inside the United States. (Sec. 307) Requires the DNI to report to Congress regarding the feasibility of consolidating classified cyber threat indicator and malware sample databases in the intelligence community. (Sec. 308) Expresses the sense of Congress that: (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies; and (2) the United States should improve extradition procedures among the governments of the United States, Ukraine, and other countries from which cybercriminals target U.S. citizens and entities. Expresses further that the President should: initiate U.S.-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; work to obtain a commitment from Ukraine to end the practice of ignoring cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; establish a capacity building program with Ukraine, which could include joint intelligence efforts, U.S. law enforcement agents being sent to Ukraine to aid investigations, and agreements to connect U.S. and Ukrainian law enforcement agencies through communications networks and hotlines; and maintain a scorecard with metrics to measure Ukraine's responses to U.S. requests for intelligence or law enforcement assistance. (Sec. 309) Requires the Secretary of State to ensure that every supervisory position at a U.S. diplomatic facility in the Russian Federation is occupied by a U.S. citizen who has passed, and is subject to, a thorough background check. Directs the Secretary to submit to Congress a plan to further reduce the reliance on locally employed staff in such facilities. (Sec. 310) Requires restricted access space to be included in each U.S. diplomatic facility that, after enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union. Subtitle B: Reporting - (Sec. 311) Directs the DNI to report to Congress regarding proposals to improve: (1) the declassification process throughout the intelligence community, and (2) the National Declassification Center. (Sec. 312) Requires the DNI to report to Congress regarding the status and effectiveness of efforts to reduce administrative costs for the intelligence community. (Sec. 313) Directs the DNI to report annually to Congress regarding violations of law or executive orders by personnel of an element of the intelligence community that were identified during the previous calendar year. Requires each report to describe, and to include any action taken in response to, any such violation committed in the course of employment that was: (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the DOJ for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. (Sec. 314) Requires the DHS Under Secretary for Intelligence and Analysis to report to Congress regarding: (1) the intelligence activity of DHS intelligence components each fiscal year, (2) the advisability of including the budget request for all intelligence activities of each component that predominantly supports departmental missions in the Homeland Security Intelligence Program, and (3) a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of DHS intelligence functions. (Sec. 315) Expresses the sense of Congress that the President, working with the North Atlantic Treaty Organization (NATO), should provide the government and armed forces of Ukraine with intelligence sharing support. Directs the DNI and the DOD Secretary to report to Congress every 180 days with an assessment of U.S. intelligence sharing with Ukraine. (Sec. 316) Directs the DNI to report to Congress regarding political prison camps in North Korea. Requires such report to describe U.S. actions to support implementation of the recommendations of the U.N. Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses. | 113 S2741 PCS: Intelligence Authorization Act for Fiscal Year 2015 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 519 113th CONGRESS 2d Session S. 2741 [Report No. 113–233] IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. Feinstein Select Committee on Intelligence A BILL To authorize appropriations for fiscal year 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2015 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Budgetary effects. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. TITLE II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. TITLE III—General provisions Subtitle A—General Matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Quadrennial Intelligence Strategic Review. Sec. 304. Management and oversight of financial intelligence. Sec. 305. Plan for applying private sector best practices to improving insider threat detection. Sec. 306. Procedures for the retention of incidentally acquired communications. Sec. 307. Feasibility study on consolidating classified cyber threat indicator and malware databases. Sec. 308. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine. Sec. 309. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation. Sec. 310. Inclusion of restricted access spaces in United States diplomatic facilities in the Russian Federation and adjacent countries. Subtitle B—Reporting Sec. 311. Report on declassification process. Sec. 312. Report on intelligence community efficient spending targets. Sec. 313. Annual report on violations of law or executive order. Sec. 314. Annual report on intelligence activities of the Department of Homeland Security. Sec. 315. Report on intelligence sharing with Ukraine. Sec. 316. Report on political prison camps in North Korea. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community 50 U.S.C. 3003(4) 3. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill S. ____ of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2015 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $511,194,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 794 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2015 the sum of $514,000,000. III General provisions A General Matters 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 303. Quadrennial Intelligence Strategic Review (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. 108A. Quadrennial Intelligence Strategic Review (a) Requirement for review Beginning in 2017, and once every four years thereafter, the Director of National Intelligence shall conduct a comprehensive review of the intelligence strategy, capabilities, structure, policies, infrastructure, budget plans, and other relevant aspects of intelligence programs and activities of the United States to meet national security objectives for the next ten years. Such a review shall be known as a Quadrennial Intelligence Strategic Review (b) Consultation The Director of National Intelligence shall conduct each Quadrennial Intelligence Strategic Review required by subsection (a) in consultation with— (1) the heads of appropriate agencies and departments of the United States, including the Secretary of Defense, the Attorney General, the Secretary of State, the Secretary of the Treasury, the Secretary of Homeland Security, and the Director of the Office of Management and Budget; (2) the head of each element of the intelligence community and other appropriate officials in the intelligence community; and (3) other relevant governmental and nongovernmental officials, including State, local, and tribal government officials, members of Congress, private sector representatives, academics, and other experts. (c) Conduct of review Each Quadrennial Intelligence Strategic Review required by subsection (a) shall— (1) delineate a national intelligence strategy consistent with— (A) the most recent national security strategy report submitted pursuant to section 108; (B) the intelligence strategies of other departments and agencies of the United States; and (C) other national-level plans; (2) address matters related to national and military intelligence, including counterintelligence; (3) describe the products, services, and support that United States intelligence should provide to advance national interests and objectives of the United States; (4) identify the major national security missions that the intelligence community is currently pursuing and will purse in the future, and how the intelligence community will pursue such missions; (5) assess the current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats, and how the intelligence community plans to address such threats; (6) outline the organizational roles and missions of the elements of the intelligence community as part of an integrated enterprise to meet current, emerging, and future customer demands; (7) describe the levels and types of partnerships, including partnerships with foreign intelligence and security services, industry, and other agencies and departments of the United States, required to implement the strategy described in paragraph (1); (8) describe the levels and types of capabilities, including personnel, technologies, and platforms, required to implement the strategy described in paragraph (1); (9) identify sources of strategic, institutional, programmatic, technological, and interoperability risks, and how the intelligence community plans to address such risks; (10) address budgetary and personnel requirements; and (11) describe how the intelligence community will implement the strategy described in paragraph (1), while comporting with democratic norms and values. (d) Requirement for report (1) In general The Director of National Intelligence shall submit to the congressional intelligence committees a report on each Quadrennial Intelligence Strategic Review required by subsection (a). (2) Timing of submission Each report shall be submitted in the year following the year in which the Quadrennial Intelligence Strategic Review is conducted, not later than the date on which the President submits the budget for the next fiscal year under section 1105(a) (3) Content Each report required by paragraph (1) shall include the following: (A) The results of the Quadrennial Intelligence Strategic Review, including a comprehensive discussion of national intelligence strategy in the context of national security interests and objectives. (B) A description of the assumptions used in the Quadrennial Intelligence Strategic Review, including assumptions related to— (i) the anticipated security environment; (ii) the role of foreign services, commercial partners, and contractors; (iii) fiscal conditions; and (iv) anticipated foreign competitor response. (C) The size, distribution, and types of capabilities that will be required to carry out the strategy described in subsection (c)(1), including capabilities for collection, language competency, and information technology. (D) The role of agencies and departments of the United States that are not elements of the intelligence community to support the strategy described in subsection (c)(1). (E) An analysis of the organizational roles and missions between and among the elements in the intelligence community, other agencies and departments of the United States, and State, local, tribal, and territorial governments in supporting the strategy described in subsection (c)(1). (F) An analysis of how laws, policies, regulations, international norms, and democratic values guide United States intelligence. . (b) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 108 the following new item: Sec. 108A. Quadrennial Intelligence Strategic Review. . 304. Management and oversight of financial intelligence (a) Requirement for plan Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities. (b) Contents of plan The plan required by subsection (a) shall establish a governance framework, procedures for sharing and harmonizing the acquisition and use of financial analytic tools, standards for quality of analytic products, procedures for oversight and evaluation of resource allocations associated with the joint development of information sharing efforts and tools, and an education and training model for elements of the intelligence community that carry out financial intelligence activities. (c) Briefing to Congress Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall brief the congressional intelligence committees on the actions the Director proposes to implement the plan required by subsection (a). 305. Plan for applying private sector best practices to improving insider threat detection (a) Requirement for plan Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the National Counterintelligence Executive, shall submit to the congressional intelligence committees a strategic plan for applying private sector best practices for employee access and monitoring systems to certain positions within the intelligence community, in accordance with applicable legal authorities and with appropriate privacy and civil liberties protections. (b) Content The plan required by subsection (a) shall include— (1) a review of how the intelligence community could better utilize private sector hiring and human resources best practices to screen, vet, and validate the credentials, capabilities, and character of applicants for positions involving trusted access to sensitive information; (2) an analysis of private sector policies for holding supervisors and subordinates accountable for violations of established security protocols and whether the intelligence community should adopt similar policies for positions of trusted access to sensitive information; (3) an assessment of the feasibility of applying mandatory leave policies, similar to those endorsed by the Federal Deposit Insurance Corporation and the Securities and Exchange Commission to identify fraud in the financial services industry, to certain positions within the intelligence community; and (4) recommendations for how the intelligence community could utilize private sector risk indices, such as credit risk scores, to make determinations about employee access to sensitive information. 306. Procedures for the retention of incidentally acquired communications (a) Definitions In this section: (1) Covered communication The term covered communication (2) Head of an element of the intelligence community The term head of an element of the intelligence community (A) the head of an element of the intelligence community; or (B) the head of the department or agency containing such element. (3) United States person The term United States person 50 U.S.C. 1801 (b) Procedures for covered communications (1) Requirement to adopt Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3). (2) Coordination and approval The procedures required by paragraph (1) shall be— (A) prepared in coordination with the Director of National Intelligence; and (B) approved by the Attorney General prior to issuance. (3) Procedures The procedures required by paragraph (1) shall apply to any intelligence collection activity that is reasonably anticipated to result in the acquisition of covered communications to or from a United States person not otherwise authorized by court order (including an order issued by a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 (A) A covered communication shall not be retained in excess of 5 years, unless— (i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence; (ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; (iii) the communication is enciphered or reasonably believed to have a secret meaning; (iv) all parties to the communication are reasonably believed to be non-United States persons; (v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause; (vi) retention is necessary for technical assurance or compliance purposes, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or (vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing— (I) the reasons extended retention is necessary to protect the national security of the United States; (II) the duration for which the head of the element is authorizing retention; (III) the particular information to be retained; and (IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States. (B) Access to covered communications shall be limited to persons who have a legitimate need to know and have received training on application of the applicable procedures approved by the Attorney General. 307. Feasibility study on consolidating classified cyber threat indicator and malware databases (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Director of the National Security Agency, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation, shall conduct a feasibility study on consolidating classified cyber threat indicator and malware sample databases in the intelligence community. (b) Elements The feasibility study required by subsection (a) shall include the following: (1) An inventory of classified cyber threat indicator and malware sample databases in the intelligence community. (2) An assessment of actions that could be carried out to consolidate such databases to achieve the greatest possible information sharing within the intelligence community and cost savings for the Federal Government. (3) An assessment of any collection sensitivities and authority concerns preventing such consolidation. (4) An assessment of whether the Intelligence Community Information Technology Enterprise can support such consolidation. (c) Report to Congress Not later than 30 days after the date on which the Director of National Intelligence completes the feasibility study required by subsection (a), the Director shall submit to the congressional intelligence committees a written report that summarizes the feasibility study, including the information required under subsection (b). 308. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine It is the sense of Congress that— (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies between these two countries; (2) the United States should pursue improved extradition procedures among the Governments of the United States, Ukraine, and other countries from which cybercriminals target United States citizens and entities; (3) the President should— (A) initiate a round of formal United States-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; and (B) work to obtain a commitment from the Government of Ukraine to end the previous practice of ignoring cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; (4) the President should establish a capacity building program with the Government of Ukraine, which could include— (A) a joint effort to improve cyber capacity building, including intelligence and law enforcement services in Ukraine; (B) sending United States law enforcement agents to aid law enforcement agencies in Ukraine in investigating cybercrimes; and (C) agreements to improve communications networks to enhance law enforcement cooperation, such as a hotline directly connecting law enforcement agencies in the United States and Ukraine; and (5) the President should establish and maintain an intelligence and law enforcement cooperation scorecard with metrics designed to measure the number of instances that intelligence and law enforcement agencies in the United States request assistance from intelligence and law enforcement agencies in Ukraine and the number and type of responses received to such requests. 309. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation (a) Employment requirement (1) In general The Secretary of State shall ensure that, not later than one year after the date of the enactment of this Act, every supervisory position at a United States diplomatic facility in the Russian Federation shall be occupied by a citizen of the United States who has passed, and shall be subject to, a thorough background check. (2) Extension The Secretary of State may extend the deadline under paragraph (1) for up to one year by providing advance written notification and justification of such extension to the appropriate congressional committees. (3) Progress report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on progress made toward meeting the employment requirement under paragraph (1). (b) Plan for reduced use of locally employed staff Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with other appropriate government agencies, shall submit to the appropriate congressional committees a plan to further reduce the reliance on locally employed staff in United States diplomatic facilities in the Russian Federation. The plan shall, at a minimum, include cost estimates, timelines, and numbers of employees to be replaced. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. 310. Inclusion of restricted access spaces in United States diplomatic facilities in the Russian Federation and adjacent countries (a) Restricted access space requirement Each United States diplomatic facility that, after the date of the enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union shall be constructed to include a restricted access space. (b) National security waiver The Secretary of State may waive the requirement under subsection (a) if the Secretary determines that it is in the national security interest of the United States and submits a written justification to the appropriate congressional committees not later than 180 days before exercising such waiver. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. B Reporting 311. Report on declassification process Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing— (1) proposals to improve the declassification process throughout the intelligence community; and (2) steps the intelligence community could take, or legislation that may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526 (75 Fed. Reg. 707). 312. Report on intelligence community efficient spending targets (a) In general Not later than April 1, 2016, and April 1, 2017, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the status and effectiveness of efforts to reduce administrative costs for the intelligence community during the preceding year. (b) Elements Each report under subsection (a) shall include for each element of the intelligence community the following: (1) A description of the status and effectiveness of efforts to devise alternatives to government travel and promote efficient travel spending, such as teleconferencing and video conferencing. (2) A description of the status and effectiveness of efforts to limit costs related to hosting and attending conferences. (3) A description of the status and effectiveness of efforts to assess information technology inventories and usage, and establish controls, to reduce costs related to underutilized information technology equipment, software, or services. (4) A description of the status and effectiveness of efforts to limit the publication and printing of hard copy documents. (5) A description of the status and effectiveness of efforts to improve the performance of Federal fleet motor vehicles and limit executive transportation. (6) A description of the status and effectiveness of efforts to limit the purchase of extraneous promotional items, such as plaques, clothing, and commemorative items. (7) A description of the status and effectiveness of efforts to consolidate and streamline workforce training programs to focus on the highest priority workforce and mission needs. (8) Such other matters relating to efforts to reduce intelligence community administrative costs as the Director may specify for purposes of this section. 313. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. 511. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 511 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 511 of the National Security Act of 1947, as added by subsection (a); and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947 is amended by adding after the item relating to section 510 the following new item: Sec. 511. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 314. Annual report on intelligence activities of the Department of Homeland Security (a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence component of the Department, as designated by the Under Secretary, that includes the following: (1) The amount of funding requested for each such intelligence activity. (2) The number of full-time employees funded to perform each such intelligence activity. (3) The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity. (4) A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions. (5) The total number of analysts of the Intelligence Enterprise of the Department that perform— (A) strategic analysis; or (B) operational analysis. (b) Feasibility and advisability report Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that— (1) examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and (2) includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions. (c) Intelligence component of the Department In this section, the term intelligence component of the Department 6 U.S.C. 101 315. Report on intelligence sharing with Ukraine (a) Sense of Congress regarding intelligence sharing with Ukraine Consistent with United States national security interests and current law, it is the sense of Congress that the President, working with the North Atlantic Treaty Organization, should as quickly as possible provide the Government and armed forces of Ukraine with appropriate intelligence sharing support. (b) Report on intelligence sharing with Ukraine (1) Report required Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of National Intelligence and Secretary of Defense shall conduct an assessment of United States intelligence sharing with the Government of Ukraine and submit to the congressional intelligence committees a report on that assessment. (2) Elements At a minimum, each report required by paragraph (1) shall provide detailed information related to United States intelligence sharing with the Government of Ukraine for the following matters: (A) Intelligence sharing and related training, equipment, supplies, and services, including the type, quantity, and prioritization of such items. (B) The actual or estimated date that the Government of the United States has provided or plans to provide the Government of Ukraine with intelligence and related training, equipment, supplies, and services. (C) An assessment of the types and quantities of assistance to the Government of Ukraine that would most effectively improve the readiness and capabilities of the intelligence service of Ukraine. (D) An assessment of the measures necessary to protect any United States personnel that may be made available to the Government of Ukraine. (E) A description of the intelligence sharing the Government of the United States has conducted with the Government of Ukraine during the previous 6-month period. (F) A description of the intelligence sharing the Government of the United States plans to conduct with the Government of Ukraine during the following 1-year period. (G) An assessment of the intelligence and military assistance, including equipment, supplies, and weaponry, provided by the Government of the Russian Federation to irregular forces in Ukraine since February 22, 2014. (3) Termination The requirements of this subsection shall terminate on January 31, 2017. 316. Report on political prison camps in North Korea (a) In general The Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees a report on political prison camps in North Korea. (b) Elements The report required by subsection (a) shall— (1) describe the actions the United States is taking to support implementation of the recommendations of the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses; and (2) include, with respect to each political prison camp in North Korea to the extent information is available— (A) the estimated prisoner population of each such camp; (B) the geographical coordinates of each such camp; (C) the reasons for confinement of the prisoners at each such camp; (D) a description of the primary industries and products made at each such camp, and the end users of any goods produced in such camp; (E) information regarding involvement of any non-North Korean entity or individual involved in the operations of each such camp, including as an end user or source of any good or products used in, or produced by, in such camp; (F) information identifying individuals and agencies responsible for conditions in each such camp at all levels of the Government of North Korea; (G) a description of the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners, at each such camp; and (H) unclassified imagery, including satellite imagery, of each such camp. (c) Form The report required by subsection (a) shall be submitted in an unclassified form and may include a classified annex if necessary. July 31, 2014 Read twice and placed on the calendar | Intelligence Authorization Act for Fiscal Year 2015 |
Improving Access to Social Security Services Act - Amends title VII (Administration) of the Social Security Act (SSA) to prohibit the Commissioner of Social Security from imposing any reduction in public access on a Social Security Administration field or hearing office without a public comment period meeting specified deadlines, including at least one public hearing. Requires each field office to provide services necessary for: (1) Social Security number printout services until August 1, 2015, and (2) benefit verification letter services until October 1, 2015. Directs the Commissioner to conduct an outreach campaign to notify Social Security beneficiaries and other interested parties of plans to phase out such services and their online availability. Requires each office that ceases to offer, or reduces the availability of, such services to give notice to key local organizations whose members or patrons may be affected by such cessation or reduction. Requires the Commissioner to establish a system providing live-chat assistance for online users of the Administration website. Directs the Commissioner to establish: (1) a process whereby an eligible individual may apply for a reduction or waiver of Administration service fees, and (2) an automated notification system to alert Social Security beneficiaries of changes made to their information for direct deposit to a financial institution of their Social Security benefits. Prohibits any person from displaying another individual's Social Security number to the general public without the individual's affirmatively expressed consent, or selling or purchasing that number without such consent. Directs the Attorney General to study all uses of Social Security numbers permitted, required, authorized, or excepted under any federal law. Prohibits any person from obtaining an individual's Social Security number for purposes of locating or identifying the individual with the intent to physically injure, harm, or use the identity of the individual for any illegal purpose. Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to prescribe criminal sanctions for the knowing and willful display, sale, or purchase of a Social Security number without meeting the prerequisites for consent. Extends to any electronic communication the prohibitions, subject to criminal penalties, relating to references to Social Security or Medicare. Authorizes a private cause of action in state court for injunctive relief or up to $500 in actual damages by any individual aggrieved by a violation of this Act or any of its amendments. Subjects any person the Attorney General determines has violated any provisions of this Act to a civil penalty of up to: (1) $5,000 for each violation, and (2) $50,000 if the violation has occurred with such frequency as to constitute a general business practice. | 113 S2742 IS: Improving Access to Social Security Services Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2742 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Schumer Mr. Nelson Mr. Begich Committee on Finance A BILL To provide for public notice and input prior to the closure, consolidation, or public access limitation of field or hearing offices of the Social Security Administration, and for other purposes. 1. Short title This Act may be cited as the Improving Access to Social Security Services Act 2. Reductions in public access to Social Security Administration field or hearing offices (a) In general Section 704 of the Social Security Act ( 42 U.S.C. 904 (f) Ensuring Public Access to Field and Hearing Offices (1) The Commissioner may not impose any reduction in public access on an office unless the requirements under paragraphs (2) through (5) have been satisfied in connection with such reduction. (2) Not later than 180 days before the date that the proposed reduction in access to an office would take effect, the Commissioner shall provide effective public notice regarding the proposed reduction, which— (A) may include, to the extent feasible, providing notice to— (i) all individuals residing in areas serviced by such office by direct mailing, the dissemination of print or electronic notices, or publication in community outlets such as newspapers and posting in heavily trafficked public spaces; and (ii) representatives of institutions in areas serviced by such office that may be affected by the proposed reduction, including schools, hospitals, nursing homes, elder rights advocacy groups, community-based organizations that represent Social Security beneficiaries, and any organization that represents employees of the Administration by direct mailing, electronic mail, or telephone; and (B) shall include— (i) direct, written notification of the elected officials of individuals residing in areas serviced by such office, which shall include each Member of the Congress representing a State or congressional district in which such office is located and may include the mayor, city council, or other local government officials representing the areas serviced by such office; (ii) on the website of the Social Security Administration, a description of the proposed reduction and the most recent information used by the Commissioner in evaluating the office for closure, including the most recent Service Area Review of such office; (iii) relevant information regarding the areas serviced by such office, including— (I) the percentage of individuals in such areas with access to broadband internet service; (II) the availability of public and private transportation from such office to the other offices nearest to such areas to individuals residing in such areas, and the extent to which such other offices are accessible by public or private transportation; (III) the percentage of individuals in such areas that lack facility with the English language; (IV) the percentage of individuals in such area with annual incomes that do not exceed the Federal poverty threshold applicable to the family size involved (as determined by the Bureau of the Census); and (V) any other relevant factors that may limit public access to the other offices nearest to such areas; (iv) a description of the effect that the reduction in public access will have on areas serviced by such office, including— (I) the number of Social Security beneficiaries that such office services; (II) the projected population of individuals residing in such areas (including any congressional district serviced by such office) who, during the 5-year, 10-year, and 15-year periods subsequent to the reduction in public access, will have attained early retirement age; (III) the number of Administration employees who work in such areas and any congressional district serviced by such office; (IV) the number of cases pending, the average number of daily visitors in the previous year at such office, and the average wait time for service in the previous year at such office; (V) the number of miles between such office and the other offices nearest to such areas; (VI) the average increase in travel from such office to the other offices nearest to such office for a member of the public or an employee of the Administration that is expected to result from the reduction in public access; and (VII) the level of public access available at the other offices nearest to such areas, including potential obstacles faced by elderly and disabled citizens; (v) the projected savings to the Administration resulting from the reduction in public access for the 10-year period subsequent to such reduction; (vi) the estimated cost of co-locating such office with another Federal agency as an alternative to the proposed reduction in public access; (vii) any measures the Administration plans to take to eliminate or reduce obstacles to public access at the other offices nearest to the areas serviced by such office; (viii) relevant information regarding the criteria and reasons for imposing a reduction in public access on an office; and (ix) the date, time, and location of the public hearing described in paragraph (4). (3) Not later than 30 days after the issuance of the public notice described in paragraph (2), the Commissioner shall provide for a public comment period of not less than 60 days. (4) Not earlier than 30 days after the issuance of the public notice described in paragraph (2) and not later than 80 days before the date that the proposed reduction in access to an office would take effect, the Commissioner shall conduct not less than 1 public hearing at which the Commissioner shall present the justifications for the reduction in access and provide attendees with an opportunity to present their views regarding such reduction. (5) Not later than 30 days after the conclusion of the public comment period described in paragraph (3) or the date of the public hearing described in paragraph (4), whichever is later, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each Member of the Congress representing a State or congressional district in which the office is located a detailed final report, which shall be made available to the public, regarding the reduction in public access, including the justifications for such reduction and any findings made by the Commissioner in regards to comments received during the public comment period or the public hearing. (6) In this subsection: (A) The term reduction in public access (B) The term office . (b) Effective date The amendments made by this section shall apply with respect to any reduction in public access to an office that takes effect after the date of enactment of this Act. 3. Improving Social Security Administration services (a) In general Each field office of the Social Security Administration (referred to in this section as an office (1) until August 1, 2015, Social Security number printout services; and (2) until October 1, 2015, benefit verification letter services. (b) Outreach (1) National campaign The Commissioner of Social Security (referred to in this Act as the Commissioner (A) plans to phase out— (i) Social Security number printout services; or (ii) benefit verification letter services at offices; and (B) the online availability of the services described in subparagraph (A). (2) Local outreach Each office that ceases to offer, or reduces the availability of, the services described in paragraph (1)(A) shall provide notice to key local organizations whose members or patrons may be affected by such cessation or reduction, including— (A) employee placement organizations; (B) housing assistance organizations; (C) organizations that assist with the administration of need-based government benefits; (D) income tax preparers; and (E) banks and other financial institutions. (c) Live-Chat assistance (1) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner shall establish a system providing live-chat assistance for online users of the website of the Social Security Administration. (2) Implementation report Not later than 9 months after the date of the enactment of this Act, the Commissioner shall submit a report to the Inspector General of the Department of Health and Human Services that describes— (A) the Commissioner's progress in implementing the live-chat assistance system described in paragraph (1); and (B) other measures that the Commissioner has taken to notify users of the website of the Social Security Administration of the availability of live-chat assistance and the circumstances in which the use of such assistance may be advisable. (d) Waiver of fees for services (1) In general Section 205 of the Social Security Act ( 42 U.S.C. 405 (v) Waiver of fees for services (1) In any case where the Social Security Administration (referred to in this subsection as the Administration (2) For purposes of paragraph (1), an eligible individual (3) The Commissioner of Social Security shall provide timely notice to an individual who makes an application under paragraph (1) of the approval or denial of such application. . (2) Effective date The amendment made by paragraph (1) shall take effect 180 days after the date of the enactment of this Act. (e) Report Not later than 6 months after the date of the enactment of this Act, the Commissioner shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing the Administration's long-term strategy for service delivery, including— (1) the Social Security Administration's strategy for providing face-to-face services to a growing population of elderly individuals; and (2) recommendations for reforming the process by which offices are selected for closure. 4. Improving communication to prevent and resolve instances of identity theft (a) Notification system Not later than 180 days after the date of the enactment of this section, the Commissioner shall establish an automated notification system to alert Social Security beneficiaries of changes made to their information for direct deposit to a financial institution of their Social Security benefits in a timely manner by direct mail and, taking due precautions to ensure security, electronic mail. (b) Single point of contact Not later than 180 days after the date of the enactment of this section, the Commissioner shall establish new procedures to ensure that any Social Security beneficiary whose benefits have been delayed or otherwise adversely affected due to identity theft has a single point of contact at the Administration throughout the processing of such beneficiary's case. Such point of contact shall track the case of the beneficiary from start to finish and coordinate with other specialized units to resolve case issues as quickly as possible. 5. Prohibition of the display, sale, or purchase of Social Security numbers (a) Prohibition (1) In general Chapter 47 1028B. Prohibition of the display, sale, or purchase of Social Security numbers (a) Definitions In this section: (1) Display The term display (2) Person The term person (3) Purchase The term purchase (4) Sale The term sale (5) State The term State (b) Limitation on display No person may display any individual’s Social Security number to the general public without the affirmatively expressed consent of the individual. (c) Limitation on sale or purchase Except as otherwise provided in this section, no person may sell or purchase any individual’s Social Security number without the affirmatively expressed consent of the individual. (d) Prerequisites for consent In order for consent to exist under subsection (b) or (c), the person displaying or seeking to display, selling or attempting to sell, or purchasing or attempting to purchase, an individual’s Social Security number shall— (1) inform the individual of the general purpose for which the number will be used, the types of persons to whom the number may be available, and the scope of transactions permitted by the consent; and (2) obtain the affirmatively expressed consent (electronically or in writing) of the individual. (e) Exceptions Nothing in this section shall be construed to prohibit or limit the display, sale, or purchase of a Social Security number— (1) required, authorized, or excepted under any Federal law; (2) for a public health purpose, including the protection of the health or safety of an individual in an emergency situation; (3) for a national security purpose; (4) for a law enforcement purpose, including the investigation of fraud and the enforcement of a child support obligation; (5) if the display, sale, or purchase of the number is for a use occurring as a result of an interaction between businesses, governments, or business and government (regardless of which entity initiates the interaction), including, but not limited to— (A) the prevention of fraud (including fraud in protecting an employee’s right to employment benefits); (B) the facilitation of credit checks or the facilitation of background checks of employees, prospective employees, or volunteers; (C) the retrieval of other information from other businesses, commercial enterprises, government entities, or private nonprofit organizations; or (D) when the transmission of the number is incidental to, and in the course of, the sale, lease, franchising, or merger of all, or a portion of, a business; (6) if the transfer of such a number is part of a data matching program involving a Federal, State, or local agency; or (7) if such number is required to be submitted as part of the process for applying for any type of Federal, State, or local government benefit or program; except that, nothing in this subsection shall be construed as permitting a professional or commercial user to display or sell a Social Security number to the general public. (f) Limitation Nothing in this section shall prohibit or limit the display, sale, or purchase of Social Security numbers as permitted under title V of the Gramm-Leach-Bliley Act, or for the purpose of affiliate sharing as permitted under the Fair Credit Reporting Act . (2) Conforming amendment The chapter analysis for chapter 47 1028B. Prohibition of the display, sale, or purchase of Social Security numbers. . (b) Study; report (1) In general The Attorney General shall conduct a study and prepare a report on all of the uses of Social Security numbers permitted, required, authorized, or excepted under any Federal law. The report shall include a detailed description of the uses allowed as of the date of enactment of this Act, the impact of such uses on privacy and data security, and shall evaluate whether such uses should be continued or discontinued by appropriate legislative action. (2) Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall report to Congress findings under this subsection. The report shall include such recommendations for legislation based on criteria the Attorney General determines to be appropriate. (c) Effective date The amendments made by this section shall take effect on the date that is 30 days after the date on which the final regulations promulgated under section 5 are published in the Federal Register. 6. Criminal penalties for the misuse of a Social Security number (a) Prohibition of wrongful use as personal identification number No person may obtain any individual’s Social Security number for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for any illegal purpose. (b) Criminal sanctions Section 208(a) of the Social Security Act 42 U.S.C. 408(a) (1) in paragraph (8), by inserting or (2) by inserting after paragraph (8) the following: (9) except as provided in subsections (e) and (f) of section 1028B section 1028B(a) section 1028B(d) (10) obtains any individual’s Social Security number for the purpose of locating or identifying the individual with the intent to injure or to harm that individual, or to use the identity of that individual for an illegal purpose; or (11) conspires to commit any offense described in any of paragraphs (1) through (4). . 7. Prohibition relating to references to Social Security and Medicare in electronic communications Section 1140(a)(1) of the Social Security Act ( 42 U.S.C. 1320b–10(a)(1) (including any electronic communication) or other communication 8. Civil actions and civil penalties (a) Civil action in State courts (1) In general Any individual aggrieved by an act of any person in violation of this Act or any amendments made by this Act may, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State— (A) an action to enjoin such violation; (B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater; or (C) both such actions. It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent violations of the regulations prescribed under this Act. If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). (2) Statute of limitations An action may be commenced under this subsection not later than the earlier of— (A) 5 years after the date on which the alleged violation occurred; or (B) 3 years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual. (3) Nonexclusive remedy The remedy provided under this subsection shall be in addition to any other remedies available to the individual. (b) Civil penalties (1) In general Any person who the Attorney General determines has violated any section of this Act or of any amendments made by this Act shall be subject, in addition to any other penalties that may be prescribed by law— (A) to a civil penalty of not more than $5,000 for each such violation; and (B) to a civil penalty of not more than $50,000, if the violations have occurred with such frequency as to constitute a general business practice. (2) Determination of violations Any willful violation committed contemporaneously with respect to the Social Security numbers of 2 or more individuals by means of mail, telecommunication, or otherwise, shall be treated as a separate violation with respect to each such individual. (3) Enforcement procedures The provisions of section 1128A of the Social Security Act 42 U.S.C. 405 42 U.S.C. 1320a–7a | Improving Access to Social Security Services Act |
Protecting Children and America's Homeland Act of 2014 - Division A: Supplemental Appropriations - Provides supplemental FY2014 appropriations for expenses related to the rise in unaccompanied alien children and alien adults accompanied by an alien minor at the southwest border. Makes such supplemental appropriations to: (1) the Department of Commerce, the Department of Justice (DOJ), science, and related agencies; (2) the Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE); and (3) the Department of Labor, the Department of Health and Human Services (HHS), and the Department of Education, and related agencies. Specifies other authorized, restricted, and prohibited uses of appropriated funds. Division B: Unaccompanied Alien Children and Border Security - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality or of last habitual residence shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries that are contiguous to the United States.) Directs the Secretary of State to negotiate agreements regarding the repatriation of children with Canada, El Salvador, Guatemala, Honduras, Mexico, and any other appropriate foreign country. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.) Directs the DHS Secretary to place any UAC that is a criminal or gang member in a proceeding for expedited removal. Prohibits removal of a UAC from U.S. custody during preliminary proceedings until repatriation or unless placed in removal proceedings. Amends the Immigration and Nationality Act to establish a proceeding to expedite due process and screening for UACs. Requires an immigration judge to: conduct and conclude a proceeding to inspect and determine the status of a UAC who applies for U.S. admission within 7 days after screening the child, and issue within 72 hours after the proceeding's conclusion an order for further proceedings, for removal, or for referral to an asylum officer for interview. Prescribes treatment for any UAC who intends to make a claim of asylum or fear of persecution. Prescribes procedures for expedited due process for a UAC present in the United States, including due process protections, among them protective HHS custody. Requires the HHS Secretary and the DHS Secretary to exchange specified information with regard to placement of a UAC. Requires regular inspections of HHS facilities for the care and custody of UACs. Prescribes requirements, especially for nongovernmental sponsors, in connection with the custody of UACs in a formal removal proceeding. Prohibits the HHS Secretary from placing a UAC in the custody of an individual convicted of a sex offense or a crime involving a severe form of trafficking in persons. Requires related biometric criminal background checks. Makes it unlawful for a person to obtain custody of a UAC by fraudulent representations. Requires DHS or HHS to notify the governor of a state within 48 hours before placing a UAC in the care of a facility or sponsor in the state. Requires HHS to monitor regularly and frequently the physical and emotional well-being of each UAC discharged to a sponsor or remaining in HHS custody until resolution of the child's immigration case. Directs the Attorney General (DOJ) to designate up to 100 immigration judges to conduct expedited inspection and screening of UACs. Requires the HHS Secretary to report to Congress on the care of UACs. Directs the Secretary of State to carry out in-country processing of refugee applications in El Salvador, Guatemala, or Honduras. Requires the President to certify annually whether the government of each of these countries: (1) is actively working to reduce the number of UACs from that country attempting to migrate illegally to the United States; (2) is cooperating with the United States to facilitate the repatriation of UACs removed from the United States and returned to their countries; and (2) has negotiated or is actively negotiating an agreement for the repatriation of UACs. Prescribes requirements for treatment and deportation of aliens associated with criminal gangs, especially the expedited removal of dangerous criminals, terrorists, and gang members. Authorizes DHS to: (1) hire 350 ICE detention officers that comprise 50 Fugitive Operations Teams responsible for identifying, locating, and arresting fugitive aliens; and (2) increase by at least 5,000 the number of detention beds available for aliens placed in removal proceedings, including beds available for family units. Prohibits the use of federal funds or resources to issue a new directive, memorandum, or executive order providing for relief from removal or work authorization to a class of individuals not otherwise eligible for it under the Immigration and Nationality Act, including expanding deferred action for childhood arrivals. Requires the Secretary of Agriculture and the Secretary of the Interior, for the federal lands under their jurisdictions, to authorize and grant CBP personnel immediate access to such lands for specified security activities, conducted in a manner that will best protect natural and cultural resources. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to make grants to state and local governments in Border Patrol Sectors on the along the U.S.-Mexican border for costs related to enhancing law enforcement preparedness, humanitarian responses, and operational readiness along the southern border through Operation Stonegarden. Makes it a crime to: (1) transmit (spot) to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry. Prohibits the carrying or use of a firearm in an alien smuggling crime. Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring three or more persons unlawfully into the United States. Prescribes criminal penalties, including enhanced penalties for certain violations. Directs the DHS Secretary to implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States. | 113 S2743 IS: Protecting Children and America's Homeland Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2743 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Cornyn Mr. Grassley Mr. McConnell Mr. Flake Mr. Coats Mr. Isakson Mr. Alexander Mr. Chambliss Mr. Barrasso Mr. Cochran Committee on Appropriations A BILL Making supplemental appropriations for the fiscal year ending September 30, 2014, for border security, law enforcement, humanitarian assistance, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely: A Supplemental appropriations I Departments of Commerce, Justice, Science, and related agencies Department of Justice General Administration Administrative review and appeals For an additional amount for Administrative Review and Appeals (1) $54,000,000 for the Executive Office for Immigration Review to hire 54 Immigration Judge Teams, which shall be trained and assigned to adjudicate juvenile cases. (2) $6,700,000 for the Executive Office for Immigration Review for the purchase of video teleconferencing equipment, digital audio recording devices, and other technology that will enable expanded immigration courtroom capacity and capability. (3) $2,500,000 for the Executive Office for Immigration Review’s Legal Orientation Program, of which not less than $1,000,000 shall be for the Legal Orientation Program for Custodians: Provided Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives Provided further Legal Activities salaries and expenses, general legal activities For an additional amount for Salaries and Expenses, General Legal Activities II Department of Homeland Security U.S. Customs and Border Protection Salaries and expenses For an additional amount for Salaries and Expenses U.S. Immigration and Customs Enforcement Salaries and expenses For an additional amount for Salaries and Expenses Provided General provisions 201. (a) For an additional amount for meeting the data collection and reporting requirements of this Act, $5,000,000. (b) Notwithstanding section 503 of Division F of the Consolidated Appropriations Act, 2014 (Public Law 113–76), funds made available under subsection (a) for data collection and reporting requirements may be transferred by the Secretary of Homeland Security between appropriations for the same purpose. (c) The Secretary may not make a transfer described in subsection (b) until 15 days after notifying the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives III Departments of Labor, Health and Human Services, and Education, and related agencies Department of Health and Human Services Administration for children and families Refugee and entrant assistance (including transfer of funds) For an additional amount for Refugee and Entrant Assistance Public Law 113–76 for carrying out such sections 414, 501, 462, and 235 Provided Provided further Provided further Public Health and Social Services Emergency Fund Provided further Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives General provisions (Rescission) 301. Of the funds made available for performance bonus payments under section 2105(a)(3)(E) of the Social Security Act ( 42 U.S.C. 1397ee(a)(3)(E) IV general provisions—this title repatriation and reintegration 401. (a) Of the funds appropriated in titles III and IV of division K of Public Law 113–76 Provided Public Law 113–76 (b) Prior to the initial obligation of funds made available pursuant to this section, but not later than 15 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2015, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to— (1) improve border security; (2) enforce laws and policies to stem the flow of illegal entries into the United States; (3) enact laws and implement new policies to stem the flow of illegal entries into the United States, including increasing penalties for human smuggling; (4) conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of the United States and to emphasize the lack of immigration benefits available; and (5) cooperate with United States Federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the Southwest Border of the United States. (c) The Secretary of State shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs (1) through (5) of subsection (b): Provided (d) Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committee on Appropriations of the Senate and the Committee on Appropriations of House of Representatives and the Senate. V General provisions—this act 501. Not later than 30 days after the date of the enactment of this Act, the Attorney General, working in coordination with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall institute a process for collecting, exchanging, and sharing specific data pertaining to individuals whose cases will be adjudicated by the Executive Office for Immigration Review that ensures that— (1) the Department of Justice is capable of electronically receiving information from the Department of Homeland Security and the Department of Health and Human Services related to the apprehension, processing, detention, placement, and adjudication of such individuals, including unaccompanied alien children; (2) case files prepared by the Department of Homeland Security after an individual has been issued a notice to appear are electronically integrated with information collected by the Department of Justice’s Executive Office for Immigration Review during the adjudication process; (3) cases are coded to reflect immigration status and appropriate categories at apprehension, such as unaccompanied alien children and family units; (4) information pertaining to cases and dockets are collected and maintained by the Department of Justice in an electronic, searchable database that includes— (A) the status of the individual appearing before the court upon apprehension; (B) the docket upon which the case is placed; (C) the individual’s presence for court proceedings; (D) the final disposition of each case; (E) the number of days each case remained on the docket before final disposition; and (F) any other information the Attorney General determines to be necessary and appropriate; and (5) the final disposition of an adjudication or an order of removal is electronically submitted to— (A) the Department of Homeland Security; and (B) the Department of Health and Human Services, if appropriate. 502. Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security, working in coordination with the Attorney General and the Secretary of Health and Human Services, shall institute a process for collecting, exchanging, and sharing specific data pertaining to individuals who are apprehended or encountered for immigration enforcement purposes by the Department of Homeland Security that ensures that— (1) case files prepared by the Department of Homeland Security after an individual has been issued a notice to appear are electronically transmitted to— (A) the Department of Justice’s Executive Office for Immigration Review for integration with case files prepared during the adjudication process; and (B) to the Department of Health and Human Services, as appropriate, if the files relate to unaccompanied alien children; (2) the Department of Homeland Security is capable of electronically receiving information pertaining to the disposition of an adjudication, including removal orders and the individual’s failure to appear for proceedings, from the Department of Justice’s Executive Office for Immigration Review; and (3) information is collected and shared with the Department of Justice regarding the immigration status and appropriate categories of such individuals at the time of apprehension, such as— (A) unaccompanied alien children or family units; (B) the location of their apprehension; (C) the number of days they remain in the custody of the Department of Homeland Security; (D) the reason for releasing the individual from custody; (E) the geographic location of their residence, if released from custody; (F) any action taken by the Department of Homeland Security after receiving information from the Department of Justice regarding an individual’s failure to appear before the court; (G) any action taken by the Department of Homeland Security after receiving information from the Department of Justice regarding the disposition of an adjudication; and (H) any other information that the Secretary of Homeland Security determines to be necessary and appropriate. 503. Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services, working in coordination with the Attorney General and the Secretary of Homeland Security, shall institute a process for collecting, exchanging, and sharing specific data pertaining to unaccompanied alien children that ensures that— (1) the Department of Health and Human Services is capable of electronically receiving information from the Department of Homeland Security and the Department of Justice related to the apprehension, processing, placement, and adjudication of unaccompanied alien children; (2) the Department of Health and Human Services shares information with the Department of Homeland Security regarding its capacity and capability to meet the 72-hour mandate required under section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b)(3) (3) information is collected and shared with the Department of Justice and the Department of Homeland Security regarding— (A) the number of days a child remained in the custody of the Department of Health and Human Services; (B) whether the child was placed in a facility operated by the Department of Defense; (C) for children placed with a sponsor— (i) the number of children placed with the sponsor; (ii) the relationship of the sponsor taking custody of the child; (iii) the type of background check conducted on the potential sponsor; and (iv) the geographic location of the sponsor; and (D) any other information the Attorney General or the Secretary of Homeland Security determines to be necessary and appropriate. 504. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation 505. This Act may be cited as the Protecting Children and America's Homeland Act of 2014 B Unaccompanied alien children and border security X Unaccompanied alien children A Protection and due process for unaccompanied alien children 1001. Repatriation of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (1) in paragraph (2)— (A) by amending the paragraph heading to read as follows: Rules for unaccompanied alien children (B) in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (C) in subparagraph (C)— (i) by amending the subparagraph heading to read as follows: Agreements with foreign countries (ii) in the matter preceding clause (i), by striking countries contiguous to the United States Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (3) inserting after paragraph (2) the following: (3) Mandatory expedited removal of criminals and gang members Notwithstanding any other provision of law, the Secretary of Homeland Security shall place an unaccompanied alien child in a proceeding in accordance with section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225a (A) has been convicted of any offense carrying a maximum term of imprisonment of more than 180 days; (B) has been convicted of an offense which involved— (i) domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a))); (ii) child abuse and neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) (iii) assault resulting in bodily injury (as defined in section 2266 (iv) the violation of a protection order (as defined in section 2266 (v) driving while intoxicated (as defined in section 164 (vi) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (C) has been convicted of more than 1 criminal offense (other than minor traffic offenses); (D) has engaged in, is engaged in, or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) (E) is or was a member of a criminal gang (as defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (F) provided materially false, fictitious, or fraudulent information regarding age or identity to the United States Government with the intent to wrongfully be classified as an unaccompanied alien child; or (G) has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ; and (4) in subparagraph (D) of paragraph (6), as redesignated by paragraph (2)— (A) by amending the subparagraph heading to read as follows: Expedited due process and screening for unaccompanied alien children (B) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), shall be— who meets the criteria listed in paragraph (2)(A)— (C) by striking clause (i) and inserting the following: (i) shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality Act, which shall commence not later than 7 days after the screening of an unaccompanied alien child described in paragraph (4); ; (D) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (E) by inserting after clause (i) the following: (ii) may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the United States Government until the child is repatriated unless the child— (I) is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act; and (II) is placed or released in accordance with subsection (c)(2)(C) of this section. ; (F) in clause (iii), as redesignated, by inserting is eligible (G) in clause (iv), as redesignated, by inserting shall be provided 1002. Expedited due process and screening for unaccompanied alien children (a) Humane and expedited inspection and screening for unaccompanied alien children (1) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. 235B. Humane and expedited inspection and screening for unaccompanied alien children (a) Asylum officer defined In this section, the term asylum officer (1) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208; and (2) is supervised by an officer who— (A) meets the condition described in paragraph (1); and (B) has had substantial experience adjudicating asylum applications. (b) Proceeding (1) In general Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(5) (2) Time limit Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section, the immigration judge who conducted such proceeding shall issue an order pursuant to subsection (e). (c) Conduct of proceeding (1) Authority of immigration judge The immigration judge conducting a proceeding under this section— (A) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the unaccompanied alien child and any witnesses; (B) may issue subpoenas for the attendance of witnesses and presentation of evidence; (C) is authorized to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act; and (D) shall determine whether the unaccompanied alien child meets any of the criteria set out in subparagraphs (A) through (G) of paragraph (3) of section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (2) Form of proceeding A proceeding under this section may take place— (A) in person; (B) at a location agreed to by the parties, in the absence of the unaccompanied alien child; (C) through video conference; or (D) through telephone conference. (3) Presence of alien If it is impracticable by reason of the mental incompetency of the unaccompanied alien child for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. (4) Rights of the alien In a proceeding under this section— (A) the unaccompanied alien child shall be given the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in the proceedings; (B) the alien shall be given a reasonable opportunity— (i) to examine the evidence against the alien; (ii) to present evidence on the alien’s own behalf; and (iii) to cross-examine witnesses presented by the Government; (C) the rights set forth in subparagraph (B) shall not entitle the alien— (i) to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or (ii) to an application by the alien for discretionary relief under this Act; and (D) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Withdrawal of application for admission An unaccompanied alien child applying for admission to the United States may, and at any time prior to the issuance of a final order of removal, be permitted to withdraw the application and immediately be returned to the alien’s country of nationality or country of last habitual residence. (6) Consequences of failure to appear An unaccompanied alien child who does not attend a proceeding under this section, shall be ordered removed, except under exceptional circumstances where the alien’s absence is the fault of the Government, a medical emergency, or an act of nature. (d) Decision and burden of proof (1) Decision (A) In general At the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely to be— (i) admissible to the United States; or (ii) eligible for any form of relief from removal under this Act. (B) Evidence The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing. (2) Burden of proof (A) In general In a proceeding under this section, an unaccompanied alien child who is an applicant for admission has the burden of establishing, by a preponderance of the evidence, that the alien— (i) is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or (ii) is lawfully present in the United States pursuant to a prior admission. (B) Access to documents In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— (i) the alien’s visa or other entry document, if any; and (ii) any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States. (e) Orders (1) Placement in further proceedings If an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection (d)(2), the immigration judge shall— (A) order the alien to be placed in further proceedings in accordance with section 240; and (B) order the Secretary of Homeland Security to place the alien on the U.S. Immigration and Customs Enforcement detained docket for purposes of carrying out such proceedings. (2) Orders of removal If an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection (d)(2), the judge shall order the alien removed from the United States without further hearing or review unless the alien claims— (A) an intention to apply for asylum under section 208; or (B) a fear of persecution. (3) Claims for asylum If an unaccompanied alien child described in paragraph (2) claims an intention to apply for asylum under section 208 or a fear of persecution, the immigration judge shall order the alien referred for an interview by an asylum officer under subsection (f). (f) Asylum interviews (1) Credible fear of persecution defined In this subsection, the term credible fear of persecution (2) Conduct by asylum officer An asylum officer shall conduct the interviews of an unaccompanied alien child referred under subsection (e)(3). (3) Referral of certain aliens If the asylum officer determines at the time of the interview that an unaccompanied alien child has a credible fear of persecution, the alien shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (4) Removal without further review if no credible fear of persecution (A) In general Subject to subparagraph (C), if the asylum officer determines that an unaccompanied alien child does not have a credible fear of persecution, the asylum officer shall order the alien removed from the United States without further hearing or review. (B) Record of determination The asylum officer shall prepare a written record of a determination under subparagraph (A), which shall include— (i) a summary of the material facts as stated by the alien; (ii) such additional facts (if any) relied upon by the asylum officer; (iii) the asylum officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and (iv) a copy of the asylum officer’s interview notes. (C) Review of determination (i) Rulemaking The Attorney General shall establish, by regulation, a process by which an immigration judge will conduct a prompt review, upon the alien’s request, of a determination under subparagraph (A) that the alien does not have a credible fear of persecution. (ii) Mandatory components The review described in clause (i)— (I) shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection; and (II) shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subparagraph (A). (D) Mandatory protective custody Any alien subject to the procedures under this paragraph shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (i) pending a final determination of an application for asylum under this subsection; and (ii) after a determination under this subsection that the alien does not have a credible fear of persecution, until the alien is removed. (g) Limitation on administrative review (1) In general Except as provided in subsection (f)(4)(C) and paragraph (2), a removal order entered in accordance with subsection (e)(2) or (f)(4)(A) is not subject to administrative appeal. (2) Rulemaking The Attorney General shall establish, by regulation, a process for the prompt review of an order under subsection (e)(2) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 (A) lawfully admitted for permanent residence; (B) admitted as a refugee under section 207; or (C) granted asylum under section 208. (h) Last In, first out In any proceedings, determinations, or removals under this section, priority shall be accorded to the alien who has most recently arrived in the United States. . (2) Clerical amendment The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 235A the following: Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children. . (b) Judicial review of orders of removal Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 (1) in subsection (a)— (A) in paragraph (1), by striking section 235(b)(1)) section 235(b)(1) or an order of removal issued to an unaccompanied alien child after proceedings under section 235B (B) in paragraph (2)— (i) by inserting or section 235B section 235(b)(1) (ii) in subparagraph (A)— (I) in the subparagraph heading, by inserting or 235B section 235(b)(1) (II) in clause (iii), by striking section 235(b)(1)(B), section 235(b)(1)(B) or 235B(f); (2) in subsection (e)— (A) in the subsection heading, by inserting or 235B section 235(b)(1) (B) by inserting or section 235B section 235(b)(1) (C) in subparagraph (2)(C), by inserting or section 235B(g) section 235(b)(1)(C) (D) in subparagraph (3)(A), by inserting or section 235B section 235(b) 1003. Expedited due process for unaccompanied alien children present in the United States (a) Special motions for unaccompanied alien children (1) Filing authorized During the 60-day period beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall, notwithstanding any other provision of law, permit an unaccompanied alien child who was issued a notice to appear under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 (A) to appear, in-person, before an immigration judge who has been authorized by the Attorney General to conduct proceedings under section 235B of the Immigration and Nationality Act, as added by section 1002; (B) to attest that the unaccompanied alien child desires to apply for admission to the United States; and (C) to file a motion— (i) to replace any notice to appear issued between January 1, 2013, and the date of the enactment of this Act under such section 239 that has not resulted in a final order of removal; and (ii) to apply for admission to the United States by being placed in proceedings under such section 235B. (2) Adjudication of motion An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under paragraph (1)(C) upon a finding that— (A) the petitioner was an unaccompanied alien child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)) on the date on which a notice to appear was issued to the alien under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229); (B) the notice to appear was issued during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act; (C) the unaccompanied alien child is applying for admission to the United States; and (D) the granting of such motion would not be manifestly unjust. (3) Effect of motion Notwithstanding any other provision of law, upon the granting of a motion to replace a notice to appear under paragraph (2), the immigration judge who granted such motion shall— (A) while the petitioner remains in-person, immediately inspect and screen the petitioner for admission to the United States by conducting a proceeding under section 235B of the Immigration and Nationality Act, as added by section 1002; (B) immediately notify the petitioner of the petitioner's ability, under section 235B(c)(5) of the Immigration and Nationality Act to withdraw the petitioner's application for admission to the United States and immediately be returned to the petitioner's country of nationality or country of last habitual residence; and (C) replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration and Nationality Act. (4) Protective custody An unaccompanied alien child who has been granted a motion under paragraph (2) shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 1004. Child welfare and law enforcement information sharing Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (5) Information sharing (A) Immigration status If the Secretary of Health and Human Services considers placement of an unaccompanied alien child with a potential sponsor, the Secretary of Homeland Security shall provide to the Secretary of Health and Human Services the immigration status of such potential sponsor prior to the placement of the unaccompanied alien child. (B) Other information The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security and the Attorney General any relevant information related to an unaccompanied alien child who is or has been in the custody of the Secretary of Health and Human Services, including the location of the child and any person to whom custody of the child has been transferred, for any legitimate law enforcement objective, including enforcement of the immigration laws. . 1005. Accountability for children and taxpayers Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (6) Inspection of facilities The Inspector General of the Department of Health and Human Services shall conduct regular inspections of facilities utilized by the Secretary of Health and Human Services to provide care and custody of an unaccompanied alien children who are in the immediate custody of the Secretary to ensure that such facilities are operated in the most efficient manner practicable. (7) Facility operations costs The Secretary of Health and Human Services shall ensure that facilities utilized to provide care and custody of unaccompanied alien children are operated efficiently and at a rate of cost that is not greater than $500 per day for each child housed or detained at such facility, unless the Secretary certifies that compliance with this requirement is temporarily impossible due to emergency circumstances. . 1006. Custody of unaccompanied alien children in formal removal proceeding Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) (1) in paragraph (2) by inserting at the end the following: (C) Children in formal removal proceedings (i) Limitation on placement An unaccompanied alien child who has been placed in a proceeding under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (I) the nongovernmental sponsor is a biological or adoptive parent of the unaccompanied alien child; (II) the parent is legally present in the United States at the time of the placement; (III) the parent has undergone a mandatory biometric criminal history check; and (IV) the Secretary of Health and Human Services has determined that the unaccompanied alien child is not a danger to self, danger to the community, or risk of flight. (ii) Exceptions If the Secretary of Health and Human Services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 42 U.S.C. 12102 (iii) Monitoring (I) In general An unaccompanied alien child who is 15, 16, or 17 years of age placed with a nongovernmental sponsor or, in the case of an unaccompanied alien child younger than 15 years of age placed with a nongovernmental sponsor, such nongovernmental sponsor shall— (aa) enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and (bb) continuously wear an electronic ankle monitor while the unaccompanied alien child is in removal proceedings. (II) Penalty for monitor tampering If an electronic ankle monitor required by subclause (I) is tampered with, the sponsor of the unaccompanied alien child shall be subject to a civil penalty of $150 for each day the monitor is not functioning due to the tampering, up to a maximum of $3,000. (iv) Effect of violation of conditions The Secretary of Health and Human Services shall remove an unaccompanied alien child from a sponsor if the sponsor violates the terms of the agreement specifying the conditions under which the alien was placed with the sponsor. (v) Failure to appear (I) Civil penalty If an unaccompanied alien child is placed with a sponsor and fails to appear in a mandatory court appearance, the sponsor shall be subject to a civil penalty of $250 for each day until the alien appears in court, up to a maximum of $5,000. (II) Burden of proof The sponsor is not subject to the penalty imposed under subclause (I) if the sponsor— (aa) appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor; and (bb) supplies the immigration court with documentary evidence that supports the assertion described in item (aa). (vi) Prohibition on placement with sex offenders and human traffickers The Secretary of Health and Human Services may not place an unaccompanied alien child under this subparagraph in the custody of an individual who has been convicted of, or the Secretary has reason to believe was otherwise involved in the commission of— (I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or (II) a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (vii) Requirements of criminal background check A biometric criminal history check required by clause (i)(IV) shall be conducted using a set of fingerprints or other biometric identifier through— (I) the Federal Bureau of Investigation; (II) criminal history repositories of all States that the individual lists as current or former residences; and (III) any other State or Federal database or repository that the Secretary of Health and Human Services determines is appropriate. . 1007. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general Chapter 47 1041. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) (1) making any materially false, fictitious, or fraudulent statement or representation; or (2) making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. (b) Penalties (1) In general Any person who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned for not less than 1 year. (2) Enhanced penalty for trafficking If the primary purpose of the violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years. . (b) Clerical amendment The table of sections for chapter 47 1041. Fraud in connection with the transfer of custody of unaccompanied alien children. . 1008. Notification of States, reporting, and monitoring (a) Notification Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Notification to States (1) Prior to placement The Secretary of Homeland Security or the Secretary of Health and Human Services shall notify the Governor of a State not later than 48 hours prior to the placement of an unaccompanied alien child from in custody of such Secretary in the care of a facility or sponsor in such State. (2) Initial reports Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Governor of each State in which an unaccompanied alien child was discharged to a sponsor or placed in a facility while remaining in the legal custody of the Secretary during the period beginning October 1, 2013 and ending on the date of the enactment of the Protecting Children and America's Homeland Act of 2014 (3) Monthly reports The Secretary of Health and Human Services shall submit a monthly report to the Governor of each State in which, during the reporting period, unaccompanied alien children were discharged to a sponsor or placed in a facility while remaining in the legal custody of the Secretary of Health and Human Services. (4) Contents Each report required to be submitted to the Governor of a State by paragraph (2) or (3) shall identify the number of unaccompanied alien children placed in the State during the reporting period, disaggregated by— (A) the locality in which the aliens were placed; and (B) the age of the aliens. . (b) Monitoring requirement The Secretary of Health and Human Services shall— (1) require all sponsors to agree— (A) to receive approval from the Secretary of Health and Human Services prior to changing the location in which the sponsor is housing an unaccompanied alien child placed in the sponsor’s custody; and (B) to provide a current address for the child and the reason for the change of address; (2) provide regular and frequent monitoring of the physical and emotional well-being of each unaccompanied alien child who has been discharged to a sponsor or remained in the legal custody of the Secretary until the child's immigration case is resolved; and (3) not later than 60 days after the date of the enactment of this Act, provide to Congress a plan for implementing the requirement of paragraph (2). 1009. Emergency immigration judge resources (a) Designation Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 100 immigration judges, including through the temporary or permanent hiring of retired immigration judges, magistrate judges, or administrative law judges, or the reassignment of current immigration judges, that are dedicated to— (1) conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 1002; or (2) reducing existing backlogs in immigration court proceedings initiated under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 (b) Requirement The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection (a)(1) to comply with the requirement under section 235B(b)(1) of the Immigration and Nationality Act, as added by section 1002. 1010. Reports to Congress (a) Reports on care of unaccompanied alien child Not later than December 31, 2014, and September 30, 2015, the Secretary of Health and Human Services shall submit to Congress and make publically available a report that includes— (1) a detailed summary of the contracts in effect to care for and house unaccompanied alien children, including the names and locations of contractors and the facilities being used; (2) the cost per day to care for and house an unaccompanied alien child, including an explanation of such cost; (3) the number of unaccompanied alien children who have been released to a sponsor, if any; (4) a list of the States to which unaccompanied alien children have been released from the custody of the Secretary of Health and Human Services to the care of a sponsor or placement in a facility; (5) the number of unaccompanied alien children who have been released to a sponsor who is not lawfully present in the United States, including the country of nationality or last habitual residence and age of such children; (6) a determination of whether more than 1 unaccompanied alien child has been released to the same sponsor, including the number of children who were released to such sponsor; (7) an assessment of the extent to which the Secretary of Health and Human Services is monitoring the release of unaccompanied alien children, including home studies done and ankle bracelets or other devices used; (8) an assessment of the extent to which the Secretary of Health and Human Services is making efforts— (A) to educate unaccompanied alien children about their legal rights; and (B) to provide unaccompanied alien children with access to pro bono counsel; and (9) the extent of the public health issues of unaccompanied alien children, including contagious diseases, the benefits or medical services provided, and the outreach to States and localities about public health issues, that could affect the public. (b) Reports on repatriation agreements Not later than February 31, 2015, and August 31, 2015, the Secretary of State shall submit to Congress and make publically available a report that— (1) describes— (A) any repatriation agreement for unaccompanied alien children in effect and a copy of such agreement; and (B) any such repatriation agreement that is being considered or negotiated; and (2) describes the funding provided to the 20 countries that have the highest number of nationals entering the United States as unaccompanied alien children, including amounts provided— (A) to deter the nationals of each country from illegally entering the United States; and (B) to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence. (c) Reports on returns to country of nationality Not later than December 31, 2014, and September 30, 2015, the Secretary of Homeland Security shall submit to Congress and make publically available a report that describes— (1) the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence, disaggregated by— (A) country of nationality or habitual residence; and (B) age of the unaccompanied alien children; (2) the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence, including assessment of the length of time such children were present in the United States; (3) the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country, including how long they have been waiting to return; and (4) the number of unaccompanied alien children who were granted relief in the United States, whether through asylum or any other immigration benefit. (d) Reports on immigration proceedings Not later than September 30, 2015, and once every 3 months thereafter, the Director of the Executive Office for Immigration Review shall submit to Congress and make publically available a report that describes— (1) the number of unaccompanied alien children who, after proceedings under section 235B of the Immigration and Nationality Act, as added by section 1002, were returned to their country of nationality or habitual residence, disaggregated by— (A) country of nationality or residence; and (B) age and gender of such aliens; (2) the number of unaccompanied alien children who, after proceedings under such section 235B, prove a claim of admissibility and are place in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (3) the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend; (4) the number of sponsors who were levied a penalty, including the amount and whether the penalty was collected, for the failure of an unaccompanied alien child to appear at a removal hearing; and (5) the number of aliens that are classified as unaccompanied alien children, the ages and countries of nationality of such children, and the orders issued by the immigration judge at the conclusion of proceedings under such section 235B for such children. B Cooperation with countries of nationality of unaccompanied alien children 1021. In-country refugee processing (a) Findings Congress makes the following findings: (1) Consistent with section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and section 207(e) of such Act ( 8 U.S.C. 1157(e) (2) Grave humanitarian concerns exist due to— (A) at least 60,000 unaccompanied children having undertaken the long and dangerous journey to the United States from Central America in fiscal year 2014 alone; (B) substantial reports of unaccompanied children becoming, during the course of their journey intended for the United States, victims of— (i) significant injury, including loss of limbs; (ii) severe forms of violence; (iii) death due to accident and intentional killing; (iv) severe forms of human trafficking; (v) kidnap for ransom; and (vi) sexual assault and rape; and (C) the likelihood that the vast majority of the unaccompanied children seeking admission or immigration relief, including through application as a refugee or claims of asylum, do not qualify for such admission or relief, and therefore will be repatriated. (3) While special circumstances currently exist to justify in-country refugee application processing for El Salvador, Guatemala, and Honduras, it is appropriate to determine the admissibility of individuals applying for refugee status from those countries according to current law and granting administrative relief in instances in which refugee or asylum applications are denied, or are expected to be denied, would exacerbate the grave humanitarian concerns described in paragraph (2) by further encouraging attempts at migration. (b) Authority for in-Country refugee processing Notwithstanding section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years 2014 and 2015, the Secretary of State, in consultation with the Secretary of Homeland Security and the Director of the Office of Refugee Resettlement of the Department of Health and Human Services, shall process an application for refugee status— (1) for an alien who is a national of El Salvador, Guatemala, or Honduras and is located in such country; or (2) in the case of an alien having no nationality, for an alien who is habitually residing in such country and is located in such country. (c) Rule of construction Nothing in this section may be construed as a grant of immigration benefit or relief, nor as a change to existing law regarding the eligibility for any individual for such benefit or relief, other than to the extent refugee applications shall be permitted in-country in accordance with this section. 1022. Refugee admissions from certain countries Notwithstanding any other provision of law, the President, in determining the number of refugees who may be admitted under section 207(a) of the Immigration and Nationality Act ( 8 U.S.C. 1157(a) (1) for fiscal year 2014, may— (A) allocate the unallocated reserve refugee number set out in the Presidential Memorandum on Refugee Admissions for Fiscal Year 2014 issued on October 2, 2013, to admit refugees from Central America; and (B) allocate any unused admissions allocated to a particular region for Central American refugee admissions; and (2) for fiscal year 2015, shall include Central America among the regional allocations included in the Presidential determination for refugee admissions that fiscal year. 1023. Foreign government cooperation in repatriation of unaccompanied alien children (a) Certification (1) In general Subject to paragraph (2), on the date that is 60 days after the date of the enactment of this Act, and annually thereafter, the President shall make a certification of whether the Government of El Salvador, Guatemala, or Honduras— (A) is actively working to reduce the number of unaccompanied alien children from that country who are attempting to migrate northward in order to illegally enter the United States; (B) is cooperating with the Government of the United States to facilitate the repatriation of unaccompanied alien children who are removed from the United States and returned to their country of nationality or habitual residence; and (C) has negotiated or is actively negotiating an agreement under section 235(a)(2)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(C)), as amended by section 1001. (2) Interim certification If prior to the date an annual certification is required by paragraph (1) the President determines the most recent such certification for the Government of El Salvador, Guatemala, or Honduras is no longer accurate, the President may make an accurate certification for that country prior to such date. (b) Limitation on assistance The Federal Government may not provide any assistance (other than security assistance) to El Salvador, Guatemala, or Honduras unless in the most recent certification for that country under subsection (a) is that the Government of El Salvador, Guatemala, or Honduras, respectively, meets the requirements of subparagraphs (A), (B), and (C) of subsection (a)(1). XI Criminal aliens 1101. Alien gang members (a) Definition Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (53) (A) The term criminal gang (i) (I) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B); and (II) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B); or (ii) that has been designated as a criminal gang under section 220 by the Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State. (B) The offenses described in this subparagraph, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of the Protecting Children and America's Homeland Act of 2014 (i) A felony drug offense 21 U.S.C. 802 (ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). (iii) A crime of violence (as defined in section 16 (iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (v) Any conduct punishable under sections 1028 1029 (vi) A conspiracy to commit an offense described in clauses (i) through (v). (C) Notwithstanding any other provision of law (including any effective date), the term criminal gang . (b) Inadmissibility Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) (J) Aliens associated with criminal gangs Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang; or (ii) has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) (G) Aliens associated with criminal gangs Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang; or (ii) has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (d) Designation (1) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. 220. Designation of criminal gangs (a) In general The Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State may designate a group or association as a criminal gang if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of nationals of the United States or the national security, homeland security, foreign policy, or economy of the United States. (b) Effective date A designation made under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. . (2) Clerical amendment The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 219 the following: 220. Designation of criminal gangs. . (e) Mandatory detention of criminal gang members (1) In general Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) (A) by striking section 212(a)(3)(B) paragraph (2)(J) or (3)(B) of section 212(a) (B) by striking 237(a)(4)(B), paragraph (2)(G) or (4)(B) of section 237(a), (2) Annual report Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum claims based on gang affiliation (1) Inapplicability of restriction on removal to certain countries Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(B) who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is to an alien (2) Ineligibility for asylum Section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) (A) in clause (v), by striking or (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal gangs); or . (g) Temporary protected status Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (1) by striking Attorney General Secretary of Homeland Security (2) in subparagraph (c)(2)(B)— (A) in clause (i), by striking States, or States; (B) in clause (ii), by striking the period and inserting ; or (C) by adding at the end the following: (iii) the alien is, or at any time after admission has been, a member of a criminal gang. ; and (3) in subsection (d)— (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. (h) Special immigrant juvenile visas Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(iii) (1) in subclause (I), by striking and (2) in subclause (II), by inserting and (3) by adding at the end the following: (III) no alien who is, or was at any time after admission has been, a member of a criminal gang shall be eligible for any immigration benefit under this subparagraph; . (i) Effective Date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 1102. Mandatory expedited removal of dangerous criminals, terrorists, and gang members (a) In general Notwithstanding any other provision of law, an immigration officer who finds an alien described in subsection (b) at a land border or port of entry of the United States and determines that such alien is inadmissible under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (b) Threats to public safety An alien described in this subsection is an alien who the Secretary of Homeland Security determines, or has reason to believe— (1) has been convicted of any offense carrying a maximum term of imprisonment of more than 180 days; (2) has been convicted of an offense which involved— (A) domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a))); (B) child abuse and neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) (C) assault resulting in bodily injury (as defined in section 2266 (D) the violation of a protection order (as defined in section 2266 (E) driving while intoxicated (as defined in section 164 (F) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (3) has been convicted of more than 1 criminal offense (other than minor traffic offenses); (4) has engaged in, is engaged in, or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) (5) is or was a member of a criminal street gang (as defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (6) has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) 1103. Fugitive operations The Secretary of Homeland Security is authorized to hire 350 U.S. Immigration and Customs Enforcement detention officers that comprise 50 Fugitive Operations Teams responsible for identifying, locating, and arresting fugitive aliens. 1104. Additional detention capacity for family units Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall increase the number of detention beds available for aliens placed in removal proceedings under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by not less than 5,000, including such detention beds available for family units. XII Border security 1201. Reducing incentives for illegal immigration No Federal funds or resources may be used to issue a new directive, memorandum, or Executive order that provides for relief from removal or work authorization to a class of individuals who are not otherwise eligible for such relief under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. 1202. Border security on certain Federal lands (a) Definitions In this section: (1) Federal lands The term Federal lands (2) Secretary concerned The term Secretary concerned (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (b) Support for border security needs To achieve effective control of Federal lands— (1) the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including— (A) routine motorized patrols; and (B) the deployment of communications, surveillance, and detection equipment; (2) the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and (3) the Secretary concerned may provide education and training to U.S. Customs and Border Protection personnel on the natural and cultural resources present on individual Federal land units. (c) Programmatic environmental impact statement (1) In general After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Effect on processing application and special use permits The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b). (3) Amendment of land use plans The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in paragraph (1). (4) Scope of programmatic environmental impact statement The programmatic environmental impact statement described in paragraph (1)— (A) may be used to advise the Secretary of Homeland Security on the impact on natural and cultural resources on Federal lands; and (B) shall not control, delay, or restrict actions by the Secretary of Homeland Security to achieve effective control on Federal lands. (d) Intermingled State and private land This section shall not apply to any private or State-owned land within the boundaries of Federal lands. 1203. State and local assistance to alleviate humanitarian crisis (a) State and local assistance The Administrator of the Federal Emergency Management Agency shall enhance law enforcement preparedness, humanitarian responses, and operational readiness along the international border between the United States and Mexico through Operation Stonegarden. (b) Grants and reimbursements (1) In general Amounts made available to carry out this section shall be allocated for grants and reimbursements to State and local governments in Border Patrol Sectors on the along the international border between the United States and Mexico for— (A) costs personnel, overtime, and travel; (B) costs related to combating illegal immigration and drug smuggling; and (C) costs related to providing humanitarian relief to unaccompanied alien children and family units who have entered the United States. (2) Funding for State and local governments Allocations for grants and reimbursements to State and local governments under this paragraph shall be made by the Administrator of the Federal Emergency Management Agency through a competitive process. (c) Authorization of appropriations There are authorized to be appropriated for fiscal years 2014 and 2015 such sums as may be necessary to carry out this section. 1204. Preventing organized smuggling (a) Unlawfully hindering immigration, border, or customs controls (1) Amendment to title 18, United States Code (A) In general Chapter 27 556. Unlawfully hindering immigration, border, or customs controls (a) Illicit spotting Any person who knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, importation of controlled substances, agriculture products, or monetary instruments, or other border controls shall be fined under this title, imprisoned not more than 10 years, or both. (b) Destruction of United States border controls Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the international border of the United States or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the international border of the United States or a port of entry— (1) shall be fined under this title, imprisoned not more than 10 years, or both; and (2) if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, shall be fined under this title, imprisoned not more than 20 years, or both. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. . (B) Clerical amendment The table of sections for chapter 27 556. Unlawfully hindering immigration, border, or customs controls. . (2) Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime Section 924(c) (A) in paragraph (1)— (i) in subparagraph (A), by inserting , alien smuggling crime, crime of violence (ii) in subparagraph (D)(ii), by inserting , alien smuggling crime, crime of violence (B) by adding at the end the following: (6) For purposes of this subsection, the term alien smuggling crime 8 U.S.C. 1324(a) . (3) Statute of limitations Section 3298 556 (hindering immigration, border, or customs controls), 1598 (organized human smuggling), 1581 (b) Organized human smuggling (1) Amendment to title 18, United States Code Chapter 77 1598. Organized human smuggling (a) Prohibited activities It shall be unlawful for any person, while acting for profit or other financial gain, to knowingly direct or participate in an effort or scheme to assist or cause 3 or more persons— (1) to enter, attempt to enter, or prepare to enter the United States— (A) by fraud, falsehood, or other corrupt means; (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or (C) in a manner not prescribed by the immigration laws and regulations of the United States; (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)— (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States— (A) knowing that such persons are aliens in unlawful transit from 1 country to another or on the high seas; and (B) under circumstances in which the persons are seeking to enter the United States without official permission or legal authority. (b) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) shall be punished in the same manner as a person who completes a violation of such subsection. (c) Base penalty Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (d) Enhanced penalties Any person who violates subsection (a) or (b)— (1) in the case of a violation causing a serious bodily injury (as defined in section 1365) to any person, shall be fined under this title, imprisoned for not more than 30 years, or both; (2) in the case of a violation causing the life of any person to be placed in jeopardy, shall be fined under this title, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving 10 or more persons, shall be fined under this title, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, shall be fined under this title, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b)), shall be fined under this title, imprisoned for not more than 30 years, or both; (6) in the case of a violation causing any person to be subjected to an involuntary sexual act (as defined in section 2246(2)), shall be fined under this title, imprisoned for not more than 30 years, or both; (7) in the case of a violation resulting in the death of any person, shall be fined under this title, imprisoned for any term of years or for life, or both; (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, shall be fined under this title, imprisoned for not more than 10 years, or both; or (9) in the case of smuggling an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) (e) Definitions In this section: (1) Effort or scheme to assist or cause 3 or more persons The term effort or scheme to assist or cause 3 or more persons (2) Lawful authority The term lawful authority (A) means permission, authorization, or license that is expressly provided for under the immigration laws of the United States; and (B) does not include— (i) any authority described in subparagraph (A) that was secured by fraud or otherwise unlawfully obtained; or (ii) any authority that was sought, but not approved. . (2) Clerical amendment The table of sections for chapter 77 1598. Organized human smuggling. . (c) Strategy To combat human smuggling (1) High traffic areas of human smuggling defined In this subsection, the term high traffic areas of human smuggling (2) Implementation Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (3) Components The strategy referred to in paragraph (2) shall include— (A) efforts to increase coordination between the border and maritime security components of the Department of Homeland Security; (B) an identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; (C) efforts to increase information sharing with State and local governments and other Federal agencies; (D) efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; and (E) the identification of the high traffic areas of human smuggling. (4) Report (A) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report that describes the strategy to be implemented under paragraph (2), including the components listed in paragraph (3), to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Homeland Security of the House of Representatives. (B) Form The Secretary may submit the report required under subparagraph (A) in classified form if the Secretary determines that such form is appropriate. (5) Annual list of high traffic areas Not later than February 1st of the first year beginning after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a list of the high traffic areas of human smuggling referred to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. | Protecting Children and America's Homeland Act of 2014 |
Great Smoky Mountains National Park Agreement Act of 2014 - Directs the Secretary of the Interior to transfer specified funds previously appropriated to the National Park Service to counties within the Great Smoky Mountains National Park in accordance with the Memorandum of Agreement entered into by the Tennessee Valley Authority (TVA) and the Department of the Interior, dated February 2010. | 113 S2744 IS: Great Smoky Mountains National Park Agreement Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2744 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. Hagan Committee on Energy and Natural Resources A BILL To authorize a settlement in accordance with the agreement entered into by the Tennessee Valley Authority, the Department of the Interior, and counties within the Great Smoky Mountains National Park. 1. Short title This Act may be cited as the Great Smoky Mountains National Park Agreement Act of 2014 2. Authorization Of funds previously appropriated to the Secretary of the Interior under the heading construction National Park Service | Great Smoky Mountains National Park Agreement Act of 2014 |
Sudden Unexpected Death Data Enhancement and Awareness Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to continue activities relating to stillbirth, sudden unexpected infant death (SUID), and sudden unexpected death in childhood (SUDC). Requires the CDC to provide for collection of epidemiologic information on stillbirths, including through existing surveillance systems. Requires the CDC to develop and periodically update a standard data collection protocol and guidelines for postmortem stillbirth evaluation. Directs the CDC to provide for collection of sociodemographic, death scene investigation, clinical history, and autopsy information on SUID and SUDC cases through the review of existing records. Requires the CDC to develop and periodically update standard protocols for data collection and death scene investigation for SUID. Sets forth goals for SUID surveillance, including: (1) collecting information about the environmental and medical circumstances of death, (2) supporting multidisciplinary infant death reviews to classify and characterize SUID, and (3) facilitating information sharing to improve reporting of SUID. Requires the death scene investigation protocol to include the collection of infant and family medical history, circumstances surrounding death, the infant's sleep position and sleep environment, and any accidental or environmental factors associated with the death. Directs the CDC to develop and periodically update guidelines for standard autopsy protocols for SUID and SUDC. Allows the Attorney General to conduct and support training for medical examiners, coroners, and others regarding standard protocols for death scene investigation and autopsies. | 113 S2746 IS: Sudden Unexpected Death Data Enhancement and Awareness Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2746 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Brown Ms. Ayotte Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to improve the health of children and help better understand and enhance awareness about unexpected sudden death in early life. 1. Short title This Act may be cited as the Sudden Unexpected Death Data Enhancement and Awareness Act 2. Stillbirth and sudden deaths in the young The Public Health Service Act is amended by inserting after section 317L of such Act (42 U.S.C. 247b–13) the following: 317L–1. Stillbirth and sudden deaths in the young (a) Stillbirth activities The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to stillbirth, including the following: (1) Surveillance (A) In general The Secretary shall provide for surveillance efforts to collect thorough, complete, and high-quality epidemiologic information on stillbirths, including through the utilization of existing surveillance systems (including the National Vital Statistics System (NVSS) and other appropriately equipped birth defects surveillance programs). (B) Standard protocol for surveillance The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health and advocacy organizations, State and local governments, public health officials, and health researchers, shall— (i) provide for the continued development and dissemination of a standard protocol for stillbirth data collection and surveillance; and (ii) not less than every 5 years, review and, as appropriate, update such protocol. (2) Postmortem data collection and evaluation The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health professional organizations, shall— (A) upon the enactment of this section, and not less than every 5 years thereafter, review existing guidelines for increasing and improving the quality and completeness of postmortem stillbirth evaluation and related data collection, including conducting and reimbursing autopsies, placental histopathology, and cytogenetic testing; and (B) develop strategies for implementing such guidelines and addressing any barriers to implementation of such guidelines. (b) Sudden unexpected infant death activities The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to sudden unexpected infant death (SUID), including the following: (1) Surveillance (A) In general The Secretary shall provide for surveillance efforts to gather sociodemographic, death scene investigation, clinical history, and autopsy information on SUID cases through the review of existing records on SUID, including through the utilization of existing surveillance systems (including the national child death review case reporting system and SUID case registries). (B) Standard protocol for surveillance The Secretary, in consultation with qualified individuals and organizations determined appropriate by the Secretary, to include representatives of health and advocacy organizations, State and local governments, and public health officials, shall— (i) provide for the continued development and dissemination of a standard protocol for SUID data reporting and surveillance; and (ii) not less than every 5 years, review and, as appropriate, update such protocol. (C) Goals for enhancing surveillance In carrying out activities under this subsection, the Secretary shall seek to accomplish the following goals: (i) Collecting thorough, complete, and high-quality death scene investigation data, clinical history, and autopsy findings. (ii) Collecting standardized information about the environmental and medical circumstances of death (including the sleep environment and quality of the death scene investigation). (iii) Supporting multidisciplinary infant death reviews, such as those performed by child death review committees, to collect and review the information and classify and characterize SUID using a standardized classification system. (iv) Facilitating the sharing of information to improve the public reporting of surveillance and vital statistics describing the epidemiology of SUID. (2) Standard protocol for death scene investigation (A) In General The Secretary, in consultation with forensic pathologists, medical examiners, coroners, medicolegal death scene investigators, law enforcement personnel, emergency medical technicians and paramedics, public health agencies, and other individuals and organizations determined appropriate by the Secretary, shall— (i) provide for the continued dissemination of a standard death scene investigation protocol; and (ii) not less than every 5 years, review and, as appropriate, update such protocol. (B) Content of Death Scene Protocol The protocol disseminated under subparagraph (A) shall include information on— (i) the current and past medical history of the infant; (ii) family medical history; (iii) the circumstances surrounding the death, including any suspicious circumstances; (iv) the sleep position and sleep environment of the infant; and (v) any accidental or environmental factors associated with death. (3) Guidelines for a standard autopsy protocol The Secretary, in consultation with the Attorney General of the United States, forensic pathologists, medical examiners, coroners, pediatric pathologists, pediatric cardiologists, pediatric neuropathologists, geneticists, infectious disease specialists, and other individuals and organizations determined appropriate by the Secretary, shall— (A) develop guidelines for a standard autopsy protocol for SUID; and (B) not less than every 5 years, review and, as appropriate, update such guidelines. (4) Training The Secretary, in consultation with the Attorney General of the United States, may— (A) conduct or support— (i) training activities for medical examiners, coroners, medicolegal death scene investigators, law enforcement personnel, and emergency medical technicians or paramedics concerning death scene investigations for SUID, including the use of standard death scene investigation protocols disseminated under paragraph (2); and (ii) training activities for medical examiners, coroners, and forensic pathologists concerning standard autopsy protocols for SUID developed under paragraph (3); and (B) make recommendations to health professional organizations regarding the integration of protocols disseminated or developed under this subsection, and training conducted or supported under this paragraph, into existing training and continuing education programs. (c) Sudden unexplained death in childhood activities The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue to carry out activities of the Centers relating to sudden unexpected death in childhood (SUDC), including the following: (1) Surveillance The Secretary, in consultation with the Director of the National Institutes of Health, shall provide for surveillance efforts to gather sociodemographic, death scene investigation, clinical history, and autopsy information on SUDC cases through the review of existing records on SUDC, including through the utilization of existing surveillance systems (including the Sudden Death in the Young Registry). (2) Guidelines for a standard autopsy protocol The Secretary, in consultation with the Attorney General of the United States, forensic pathologists, medical examiners, coroners, pediatric pathologists, pediatric cardiologists, pediatric neuropathologists, geneticists, infectious disease specialists, and other individuals and organizations determined appropriate by the Secretary, may— (A) develop guidelines for a standard autopsy protocol for SUDC; and (B) not less than every 5 years, review and, as appropriate, update such guidelines. (3) Review of applicability of programs and activities Not later than 18 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the Director of the National Institutes of Health, shall complete an evaluation of the possibility of carrying out or intensifying, with respect to SUDC, the types of programs and activities that are authorized to be carried out under subsection (b) with respect to SUID. (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Congress a report on the implementation of this section. Such report shall include— (1) the results of the evaluation under subsection (c)(3); and (2) a description of any activities that— (A) are being carried out by the Centers for Disease Control and Prevention in consultation with the National Institutes of Health relating to stillbirth, SUID, or SUDC; and (B) are in addition to the activities being carried out pursuant to this section. (e) Definitions In this section: (1) The term stillbirth (A) occurs at 20 or more weeks gestation; or (B) if the age of the fetus is not known, involves a fetus weighing 350 grams or more. (2) The terms sudden unexpected infant death SUID (A) which occurs suddenly and unexpectedly; and (B) whose cause— (i) is not immediately obvious prior to investigation; and (ii) is either explained upon investigation or remains unexplained. (3) The terms sudden unexplained death in childhood SUDC (A) a review of the clinical history and circumstances of death; and (B) performance of a complete autopsy with appropriate ancillary testing. (f) Funding This section shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year. . | Sudden Unexpected Death Data Enhancement and Awareness Act |
Small Business Regulatory Sunset Act of 2014 - Requires each federal agency to establish a plan for the periodic review (every nine years) of: (1) its rules that have a significant economic impact on a substantial number of small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the economic impact of the rule on small entities. Requires: (1) each agency to publish in the Federal Register and on the agency website a list of the rules and small entity compliance guides to be reviewed under the plan, and (2) the agency Inspector General to determine whether the agency has conducted the required review. Provides that each covered rule (i.e., any rule for which an agency is required to prepare a regulatory flexibility analysis and which is a major rule) promulgated by an agency shall cease to have effect seven years after the final version of such rule is published unless renewed by the agency using the notice and comment rulemaking process. | 113 S2747 IS: Small Business Regulatory Sunset Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2747 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Kirk Committee on Homeland Security and Governmental Affairs A BILL To require Federal agencies to review certain rules and regulations, and for other purposes. 1. Short title This Act may be cited as the Small Business Regulatory Sunset Act of 2014 2. Definitions In this Act— (1) the term agency section 551 (2) the term covered rule (A) for which an agency is required to prepare a regulatory flexibility analysis under section 603 or 604 of title 5, United States Code; and (B) that is a major rule; (3) the term major rule section 804 (4) the terms rule small entity section 601 3. Periodic review of preexisting small business regulations Section 610 610. Periodic review of rules (a) (1) Not later than 180 days after the date of enactment of the Small Business Regulatory Sunset Act of 2014 (A) each rule issued by the agency that the head of the agency determines has a significant economic impact on a substantial number of small entities, without regard to whether the agency performed an analysis under section 604 with respect to the rule; and (B) any small entity compliance guide required to be published by the agency under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (2) In reviewing rules and small entity compliance guides under paragraph (1), the agency shall determine whether the rules and guides should— (A) be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant adverse economic impacts on a substantial number of small entities (including an estimate of any adverse impacts on job creation and employment by small entities); or (B) continue in effect without change. (3) Each agency shall publish the plan established under paragraph (1) in the Federal Register and on the Web site of the agency. (4) An agency may amend the plan established under paragraph (1) at any time by publishing the amendment in the Federal Register and on the Web site of the agency. (b) Each plan established under subsection (a) shall provide for— (1) the review of each rule and small entity compliance guide described in subsection (a)(1) in effect on the date of enactment of the Small Business Regulatory Sunset Act of 2014 (A) not later than 9 years after the date of publication of the plan in the Federal Register; and (B) every 9 years thereafter; and (2) the review of each rule adopted and small entity compliance guide described in subsection (a)(1) that is published after the date of enactment of the Small Business Regulatory Sunset Act of 2014 (A) not later than 9 years after the publication of the final rule in the Federal Register; and (B) every 9 years thereafter. (c) In reviewing rules under the plan required under subsection (a), the agency shall consider— (1) the continued need for the rule; (2) the nature of complaints received by the agency from small entities concerning the rule; (3) comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration; (4) the complexity of the rule; (5) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules; (6) the contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such a calculation cannot be made; (7) the length of time since the rule has been evaluated, or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule; and (8) the economic impact of the rule, including— (A) the estimated number of small entities to which the rule will apply; (B) the estimated number of small entity jobs that will be lost or created due to the rule; and (C) the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including— (i) an estimate of the classes of small entities that will be subject to the requirement; and (ii) the type of professional skills necessary for preparation of the report or record. (d) (1) Each agency shall submit an annual report regarding the results of the review required under subsection (a) to— (A) Congress; and (B) in the case of an agency that is not an independent regulatory agency (as defined in section 3502(5) of title 44), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. (2) Each report required under paragraph (1) shall include a description of any rule or small entity compliance guide with respect to which the agency made a determination of infeasibility under paragraph (5) or (6) of subsection (c), together with a detailed explanation of the reasons for the determination. (e) Each agency shall publish in the Federal Register and on the Web site of the agency a list of the rules and small entity compliance guides to be reviewed under the plan required under subsection (a) that includes— (1) a brief description of each rule or guide; (2) for each rule, the reason why the head of the agency determined that the rule has a significant economic impact on a substantial number of small entities (without regard to whether the agency had prepared a final regulatory flexibility analysis for the rule); and (3) a request for comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rules or publication of the guides. (f) (1) Not later than 6 months after each date described in paragraphs (1) and (2) of subsection (b), the Inspector General for each agency shall— (A) determine whether the agency has conducted the review required under subsection (b) appropriately; and (B) notify the head of the agency of— (i) the results of the determination under subparagraph (A); and (ii) any issues preventing the Inspector General from determining that the agency has conducted the review under subsection (b) appropriately. (2) (A) Not later than 6 months after the date on which the head of an agency receives a notice under paragraph (1)(B) that the agency has not conducted the review under subsection (b) appropriately, the agency shall address the issues identified in the notice. (B) Not later than 30 days after the last day of the 6-month period described in subparagraph (A), the Inspector General for an agency that receives a notice described in subparagraph (A) shall— (i) determine whether the agency has addressed the issues identified in the notice; and (ii) notify Congress if the Inspector General determines that the agency has not addressed the issues identified in the notice. (C) Not later than 30 days after the date on which the Inspector General for an agency transmits a notice under subparagraph (B)(ii), an amount equal to 1 percent of the amount appropriated for the fiscal year to the appropriations account of the agency that is used to pay salaries shall be rescinded. (D) Nothing in this paragraph may be construed to prevent Congress from acting to prevent a rescission under subparagraph (C). . 4. Sunset of new small business regulations (a) In general Except as provided in subsection (b) and beginning on the date of enactment of this Act, each covered rule promulgated by an agency shall cease to have effect on the date that is 7 years after the date on which the final version of the covered rule is published. (b) Extension of rule (1) In general Before the end of the 7-year period described in subsection (a), an agency may take action to renew a covered rule in accordance with the process described in paragraph (2) and if such action is taken, the covered rule shall remain in effect until modified or repealed by the agency action or statute. (2) Renewal process (A) In general An agency may renew a covered rule by using the notice and comment rulemaking process. (B) Requirements In conducting a rulemaking to renew a covered rule under subparagraph (A), an agency shall— (i) solicit and respond to public comment from entities affected by the covered rule; (ii) compare the projected costs of the covered rule to the actual costs realized by implementation of the covered rule and determine whether modifications can be made to the covered rule to lower the cost of the covered rule; (iii) consider whether any regulatory alternatives exist that would accomplish the same regulatory objective as the covered rule with less of an impact on affected small entities; and (iv) make modifications to the covered rule, if necessary, to reflect— (I) comments solicited under clause (i); (II) modifications described in clause (ii); and (III) any regulatory alternatives described in clause (iii). | Small Business Regulatory Sunset Act of 2014 |
Endangered Species Litigation Reasonableness Act - Amends the Endangered Species Act of 1973 to replace the current standard for awarding court costs, including attorney fees, in citizen suits with the federal judicial code standard for awarding costs to a prevailing party. | 113 S2748 IS: Endangered Species Litigation Reasonableness Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2748 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Lee Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to conform citizen suits under that Act with other existing law, and for other purposes. 1. Short title This Act may be cited as the Endangered Species Litigation Reasonableness Act 2. Award of litigation costs to prevailing parties in accordance with existing law Section 11(g)(4) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(g)(4) to any to any prevailing party in accordance with section 2412 | Endangered Species Litigation Reasonableness Act |
Airport Public-Private Partnership Act of 2014 - Revises provisions regarding a pilot program on airport privatization to delete provisions: (1) limiting the number of airports in the pilot program to not more than 10; (2) requiring that if applications are approved with respect to 5 airports, 1 of the airports must be a general aviation airport; and (3) prohibiting the approval of more than 1 application submitted by an airport that had 1% or more of the total passenger boardings in the United States in the preceding calendar year. | 113 S2750 IS: Airport Public-Private Partnership Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2750 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Kirk Committee on Commerce, Science, and Transportation A BILL To encourage investments in airports through public-private partnerships, and for other purposes. 1. Short title This Act may be cited as the Airport Public-Private Partnership Act of 2014 2. Elimination of restrictions on number of airports in the pilot program on airport privatization Section 47134 of title 49, United States Code, is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking , with respect to not more than 10 airports, (2) by striking subsection (d). | Airport Public-Private Partnership Act of 2014 |
Rural and Tribal Voter Rights Act - Directs the Election Assistance Commission to make a payment each fiscal year to each state which meets early voting location distribution plan development requirements for ensuring that eligible voters have adequate access to early voting locations. Requires a state or local election official to provide at least one one early voting location on tribal land when requested by the tribal government. Requires each state to, after reasonable notice and public hearings, adopt and submit to the Commission a plan which provides for the equitable distribution of early voting locations. Requires each state to make early voting available to any eligible voter for at least 10 days before an election for federal office. Directs the Secretary of Veterans Affairs, the Secretary of Health and Human Services (HHS), the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior to permit a state to designate facilities of the respective agencies located in the state as voter registration agencies. Requires each state to permit any eligible individual on the same day as a federal election and on any day when voting, including early voting, is permitted for a federal election to: (1) register to vote in the election, and (2) cast a vote in it. Requires each state to provide a secure online interface available to the public on a public, government website that allows any eligible individual to register electronically to vote or to update their voter registration. Authorizes the Attorney General to bring a civil action in an appropriate district court for declaratory or injunctive relief as necessary to carry out this Act. Allows any aggrieved person a private right of action, too. | 113 S2751 IS: Rural and Tribal Voter Rights Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2751 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Walsh Committee on Rules and Administration A BILL To provide payments to States for activities to expand early voting access, provide for an equitable distribution of early voting polling locations, including early voting polling locations on Indian tribal land, and to implement voter registration reforms for elections for Federal office, and for other purposes. 1. Short title This Act may be cited as the Rural and Tribal Voter Rights Act 2. Definitions In this Act: (1) Chief State election official The term chief State election official 42 U.S.C. 1973gg–8 (2) Commission The term Commission 42 U.S.C. 15321 3. Payments to States for activities to expand early voting access, provide for equitable distribution of early voting polling locations, and voter registration reforms (a) In general The Commission shall make a requirements payment each fiscal year in an amount determined under subsection (b) to each State that the Commission determines meets the requirements described in section 4(b). (b) Amount of payment (1) In general Subject to subsection (c), the amount of a payment made to a State for a fiscal year under this section shall be equal to the product of— (A) the total amount appropriated for payments for the fiscal year pursuant to the authorization under subsection (h) minus the total amount of all of the minimum payment amounts determined under subsection (c); and (B) the State allocation percentage for the State (as determined under paragraph (2)). (2) State allocation percentage defined The State allocation percentage (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (c) Guaranteed minimum payment amount The amount of a payment made to a State for a fiscal year under this section may not be less than— (1) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the total amount appropriated for payments under the authorization under subsection (h) for the fiscal year; or (2) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such total amount. (d) State receipt of funds A State is eligible to receive a payment under this section for a fiscal year if the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements of section 4(b). (e) Use of payment (1) In general A State shall use the funds provided under a payment made under this section to carry out the requirements of this Act, including the following: (A) Training and hiring election officials, poll workers, and election volunteers. (B) Establishing early voting locations. (C) Implementing the State plan described in section 4(b). (D) Acquiring, leasing, improving, modifying, or replacing voting technology to implement the requirements of this Act. (E) Establishing online registration systems. (F) Educating voters about voting opportunities, voter registration, voting procedures, and voting rights. (2) Use for other purposes Subject to paragraph (3), a State may use the funds provided under a payment made under this section to improve the administration of elections for Federal office if the chief State election official certifies that the requirements of this Act have been met. (3) Limitation A State may not use any portion of a payment under this section— (A) to pay costs associated with any litigation; or (B) for the payment of any judgment. (f) Eligibility A State is eligible to receive a payment under this section notwithstanding that State legislation is required to carry out an activity under this Act and the State legislation has not been enacted at the time this Act takes effect. (g) Deposit of Amounts in State Election Fund A State shall deposit any funds provided under this section in the State election fund described in section 254(b) of the Help America Vote Act of 2002 (42 U.S.C. 15404(b)). (h) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary to provide grants to States to carry out the requirements of this Act. (2) Continuing availability of Funds After Appropriation Any payment made to a State under this section shall be available to the State without fiscal year limitation. 4. Equitable distribution of early voting polling locations (a) Tribal early voting locations A State or local election official shall provide at least one early voting location on tribal land when requested by the applicable Tribal government. (b) State early voting location distribution plan development (1) In general Each State shall, after reasonable notice and public hearings, adopt and submit to the Commission, not later than the date that is 2 years after the date of enactment of this Act, a plan which provides for the equitable distribution of early voting locations. (2) State plan development The chief executive officer of each State, or designee, in consultation and coordination with the chief State election official, shall develop the State plan through a committee of appropriate individuals, including the local election officials of the two most populous jurisdictions in the State, other local election officials in the State, stakeholders, and other citizens, appointed for such purpose by the chief State election official. (3) State plan requirements A State plan shall ensure that eligible voters have adequate access to early voting locations, taking into consideration each of the following: (A) Population density. (B) Travel time to local election offices. (C) Travel time to permanent or temporary early voting locations. (D) The potential use of alternate early voting locations, including public buildings, city and county government buildings, tribal government offices, public libraries, fairgrounds, civic centers, courthouses, senior centers, community centers, and private places of business. (E) The extent to which members of a class protected by section 2(a) of the Voting Rights of Act of 1965 (42 U.S.C. 1973(a)) have an equal opportunity to participate in early voting and have an equal opportunity to access early voting locations. (F) The potential use of temporary early voting locations, including mobile voting systems. (4) Revision of State plan Each State plan shall provide for revision of the plan from time to time as may be necessary to take account of changes in voter populations. (5) Publication by commission The Commission shall publish in the Federal Register each State plan submitted to the Commission under this subsection. (6) Exemption for States that provide for equitable distribution of early voting locations The requirements of this subsection shall not apply to a State that, under State law that is in effect continuously on and after June 1, 2016, provides for the equitable distribution of early voting locations in the State with respect to elections for Federal office (as determined by the Commission). 5. Expanding early voting access (a) In general Each State shall make early voting available to any eligible voter for at least ten days before an election for Federal office. An eligible voter may cast their early voting ballots in person at an early voting location during that 10-day period in the same manner as any ballot would be cast in the precinct on election day. (b) Effective date Each State shall be required to comply with the requirements of this section on and after the date that is one year after the date of enactment of this Act. 6. Designation of certain Federal facilities as voter registration agencies (a) In general The Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior shall permit a State to designate facilities of the respective agencies located in the State as voter registration agencies under section 7 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5 (b) Activities A voter registration agency designated under subsection (a) shall carry out the following activities: (1) Offer with each application to the agency for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance, the mail voter registration application form described in section 9 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(a)(2) (2) Provide a form that includes the following: (A) The question, If you are not registered to vote where you live now, would you like to apply to register to vote here today? (B) If the agency provides public assistance, the statement, Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency. (C) Boxes for the applicant to check to indicate whether the applicant would like to register or update their registration to vote, or decline to register or update their registration to vote. (3) Provide assistance to applicants in completing the voter registration application forms, unless the applicant refuses such assistance in writing. (4) Accept completed voter registration application forms for transmittal to the appropriate State or local election official. (c) Transmittal (1) In general Subject to paragraph (2), a completed voter registration application accepted at a voter registration agency designated under subsection (a) shall be electronically transmitted, in a format that can be translated and uploaded into the Statewide voter database established pursuant to section 303(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a) (2) Exception If a voter registration application is accepted within 5 days before the last day for registration to vote in an election for Federal office, the application shall be transmitted to the appropriate State or local election official not later than 5 days after the date of acceptance. (3) Updated registration If an application is an updated voter registration, the voter registration agency shall label the updated registration accordingly. (d) Clarification regarding application The requirements of this section shall only apply to a voter registration agency designated under subsection (a). Nothing in this section shall affect the application of section 7 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5 (e) Integration with State electronic voter registration systems The Commission shall implement an online system that, to the extent practicable— (1) provides an electronic means for a voter registration agency designated under subsection (a) to carry out the requirements of this section; (2) transmits a completed voter registration application to the appropriate State or local election official; and (3) in the case of an individual registering to vote in a State that operates its own electronic voter registration system, directs an applicant to that system. 7. Same day and electronic registration (a) Same day registration Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any eligible individual on the day of an election for Federal office and on any day when voting, including early voting, is permitted for an election for Federal office— (1) to register to vote in such election using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993; and (2) to cast a vote in such election. (b) Electronic registration (1) In general Each State shall provide a secure online interface available to the public on a public, government website that allows any eligible individual to register to vote or to update their voter registration with an online voter registration application that meets the requirements of the mail voter registration application form described in section 9 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(a)(2) (2) Effective date Each State shall be required to comply with the requirements of this subsection on and after the date that is one year after the date of enactment of this Act. (c) Eligible individual For purposes of this section, the term eligible individual (d) Exception This section shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. 8. Enforcement (a) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this Act. (b) Private right of action (1) Notice A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief State election official of the State involved. (2) Civil action If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (3) Exception to notice if violation within 30 days of election If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief State election official under paragraph (1) before bringing a civil action under paragraph (2). (c) Relation to other laws (1) In general The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). (2) No authorization or requirement for conduct prohibited by the Voting Rights Act Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. | Rural and Tribal Voter Rights Act |
Endangered Species Recovery Transparency Act - Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of the Interior to make available online a searchable database detailing federal expenditures for civil actions brought under the ESA containing claims that are based on the actions of the Department of the Interior, the Forest Service, the National Marine Fisheries Service, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, or the Southeastern Power Administration. Requires the Secretary to submit an annual report to Congress including this information. | 113 S2752 IS: Endangered Species Recovery Transparency Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2752 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Lee Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to improve the disclosure of certain expenditures under that Act, and for other purposes. 1. Short title This Act may be cited as the Endangered Species Recovery Transparency Act 2. Disclosure of expenditures under Endangered Species Act of 1973 (a) Requirement To disclose Section 13 of the Endangered Species Act of 1973 (87 Stat. 902; relating to conforming amendments which have executed) is amended to read as follows: 13. Disclosure of expenditures (a) Requirement The Secretary of the Interior, in consultation with the Secretary of Commerce, shall— (1) not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and (2) make publicly available through the Internet a searchable database of the information described in subsection (b). (b) Included information The report shall include— (1) the case name and number of each covered suit, and a hyperlink to the record or decision for each covered suit (if available); (2) a description of the claims in each covered suit; (3) the name of each covered agency whose actions gave rise to a claim in a covered suit; (4) funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit; (5) the number of full-time equivalent employees that participated in the activities described in paragraph (4); and (6) attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the bases for such awards. (c) Requirement To provide information The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section. (d) Limitation on disclosure Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b). (e) Definitions (1) Covered agency The term covered agency (2) Covered suit The term covered suit . (b) Clerical amendment The table of contents in the first section of such Act is amended by striking the item relating to such section and inserting the following: Sec. 13. Disclosure of expenditures. . (c) Prior amendments not affected This section shall not be construed to affect the amendments made by section 13 of such Act, as in effect before the enactment of this Act. | Endangered Species Recovery Transparency Act |
Increasing Student Achievement by Increasing Student Support Act - Directs the Secretary of Education to award competitive, renewable, five-year grants to partnerships between low-income local educational agencies (LEAs) and schools offering graduate programs in school counseling, social work, or psychology to increase the number of program graduates employed by low-income LEAs. Defines "low-income LEAs" as those that: (1) serve students at least 20% of whom are from families with incomes below the federal poverty level; and (2) have no more than 1 school counselor for every 275 students, 1 school psychologist for every 770 students, and 1 school social worker for every 440 students. Allows the use of grant funds to: provide program graduate students with field training at partnership LEA schools; contribute to program graduates' salaries at such schools for up to three years after they graduate; increase the number of school counselors, social workers, and psychologists per student, and from underrepresented backgrounds, in such schools; enhance the capacity of partnership graduate schools to train such professionals; develop course work designed to facilitate such graduates' service to low-income LEAs and at-risk students; and provide tuition credits to such graduate students and student loan forgiveness to program graduates employed as school counselors, social workers, or psychologists by low-income LEAs for at least five consecutive years. Directs the Secretary to establish a program providing student loan forgiveness to non-participants in this Act's grant program who have been employed for at least five consecutive years as school counselors, social workers, or psychologists by low-income LEAs. Requires the Secretary to identify a formula for future use in designating regions as eligible for benefit programs due to their having a shortage of such school personnel. | 113 S2753 IS: Increasing Student Achievement by Increasing Student Support Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2753 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Tester Committee on Health, Education, Labor, and Pensions A BILL To increase the recruitment and retention of school counselors, school social workers, and school psychologists by low-income local educational agencies. 1. Short title This Act may be cited as the Increasing Student Achievement by Increasing Student Support Act 2. Findings Congress finds the following: (1) Research shows that socioeconomic status and family background characteristics are highly correlated with educational outcomes, with a concentration of low-performing schools in low-income and under-served communities. (2) Teachers cite poor working conditions, student behavior, lack of student motivation, and lack of administrative support as key reasons why they choose to leave the teaching profession. (3) Teachers and principals working for low-income local educational agencies are increasingly tasked with addressing not only the academic needs of a child, but also the social, emotional, and behavioral needs of a child that require the services of a school counselor, school social worker, and school psychologist, and these needs often interfere with delivering quality instruction and raising student achievement. (4) Only 16 percent of children who need mental health services receive such services. 70 to 80 percent of these children access mental health services at school. (5) Students are more likely to seek help when they need it if school-based mental health services are available. (6) Rates of abuse and neglect of young children in military families have doubled with the increased military involvement of the United States abroad since October 2002; likewise, adolescents with deployed parents report increased perceptions of uncertainty and loss, role ambiguity, negative changes in mental and behavioral health, and increased relationship conflict, raising concerns about the impact of deployment on military personnel and their families and whether schools that serve a large number of children with deployed parents have sufficient staff and expertise to meet these challenges. (7) Children of military families in rural communities are often geographically isolated, and schools that were already experiencing understaffing of school counselors, school social workers, and school psychologists face even greater challenges meeting the increased needs of students enduring the stress that comes along with having a deployed parent or parents. (8) Schools served by low-income local educational agencies suffer disproportionately from a lack of services, with many schools sharing a single school counselor, school social worker, or school psychologist with neighboring schools. (9) Too few school counselors, school social workers, and school psychologists per student means that such personnel are often unable to effectively address the needs of students. (10) The American School Counselor Association and American Counseling Association recommend having at least 1 school counselor for every 250 students. (11) The School Social Work Association of America recommends having at least 1 school social worker for every 400 students. (12) The National Association of School Psychologists recommends having at least 1 school psychologist for every 500–700 students. (13) Recent research of victimization of children ages 2 to 17 suggests that more than one-half of the children experienced a physical assault in the study year. More than 1 in 4 experienced a property offense, more than 1 in 8 experienced a form of child maltreatment, 1 in 12 experienced a sexual victimization, and more than 1 in 3 had been a witness to violence or experienced another form of indirect victimization. Only 29 percent of the children had no direct or indirect victimization. (14) Principals and teachers see signs of trauma-related stress in many students including hostile outbursts, sliding grades, poor test performance, and the inability to pay attention. (15) There were more than 423,000 children in foster care in 2009, and studies have revealed these children to have higher rates of placement in special education, dropping out of school, discipline problems, and poorer academic skills than their non-foster care peers. 3. Purpose The purpose of this Act is to increase the recruitment and retention of school counselors, school social workers, and school psychologists by low-income local educational agencies in order to— (1) support all students who are at risk of negative educational outcomes; (2) improve student achievement, which may be measured by growth in academic achievement on tests required by the applicable State educational agency, persistence rates, graduation rates, and other appropriate measures; (3) improve retention of teachers who are highly qualified; (4) increase and improve outreach and collaboration between school counselors, school social workers, and school psychologists and parents and families served by low-income local educational agencies; (5) increase and improve collaboration among teachers, principals, school counselors, school social workers, and school psychologists and improve professional development opportunities for teachers and principals in the area of strategies related to improving classroom climate and classroom management; and (6) improve working conditions for all school personnel. 4. Grant program to increase the number of school counselors, school social workers, and school psychologists employed by low-income local educational agencies (a) Grant Program authorized The Secretary of Education shall award grants on a competitive basis to eligible partnerships that receive recommendations from the peer review panel established under subsection (d), to enable such partnerships to carry out pipeline programs to increase the number of school counselors, school social workers, and school psychologists employed by low-income local educational agencies by carrying out any of the activities described by subsection (g). (b) Grant Period A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as the Secretary determines appropriate. (c) Application To be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit to the Secretary a grant application, including— (1) an assessment of the existing ratios of school counselors, school social workers, and school psychologists to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and (2) a detailed description of— (A) a plan to carry out a pipeline program to train, place, and retain school counselors, school social workers, or school psychologists, or any combination thereof, as applicable, in low-income local educational agencies; and (B) the proposed allocation and use of grant funds to carry out activities described by subsection (g). (d) Peer Review Panel (1) Establishment of Panel The Secretary shall establish a peer review panel to evaluate applications for grants under subsection (c) and make recommendations to the Secretary regarding such applications. (2) Evaluation of Applications In making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c), including the quality of the proposed pipeline program. (3) Recommendation of Panel The Secretary may award grants under this section only to eligible partnerships whose applications receive a recommendation from the peer review panel. (4) Membership of panel (A) In general The peer review panel shall include at a minimum the following members: (i) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of school counselor education. (ii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of school social worker education. (iii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of school psychology education. (iv) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of teacher education. (v) One individual with expertise in school counseling who works or has worked in public schools. (vi) One individual with expertise in school social work who works or has worked in public schools. (vii) One individual with expertise in school psychology who works or has worked in public schools. (viii) One administrator who works or has worked for a low-income local educational agency. (ix) One highly qualified teacher who has substantial experience working for a low-income local educational agency. (B) Clinical faculty member At least 1 of the members described in subparagraph (A) shall be a clinical faculty member. (e) Distribution of grants From among the applications receiving a recommendation by the peer review panel, the Secretary shall— (1) award the first 5 grants to eligible partnerships from 5 different States; (2) award not less than 1 grant to a partnership that serves a high percentage of Native American, Alaska Native, or Native Hawaiian students; (3) award not less than 1 grant to a partnership focused on serving students in highly rural areas; (4) to the extent practicable, distribute grants equitably among eligible partnerships that propose to train graduate students in each of the 3 professions of school counseling, school social work, and school psychology; and (5) to the extent practicable, equitably distribute the grants among eligible partnerships that include an urban low-income local educational agency and eligible partnerships that include a rural low-income local educational agency, with, at a minimum, a percentage of the funds, equal to the percentage of low-income children in the United States who are served by rural local educational agencies (based on the Small Area Income and Poverty Estimates of the Bureau of Census, for the most recent year such information is available), awarded to eligible partnerships that include a rural low-income local educational agency. (f) Priority The Secretary shall give priority to eligible partnerships that— (1) propose to use the grant funds to carry out the activities described under paragraphs (1) through (3) of subsection (g) in schools that have higher numbers or percentages of low-income students and students not meeting the proficient level of achievement (as described by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311)) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership; (2) include 1 or more low-income local educational agencies that have fewer school counselors, school social workers, and school psychologists per student than other eligible partnerships; (3) include 1 or more eligible graduate institutions that offer graduate programs in the greatest number of the following areas: (A) school counseling; (B) school social work; and (C) school psychology; and (4) propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs. (g) Use of grant funds Grant funds awarded under this section may be used— (1) to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to— (A) having graduate students of school counseling, school social work, and school psychology placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and (B) offering required graduate course work for graduate students of school counseling, school social work, and school psychology on the site of a participating low-income local educational agency; (2) for not more than the first 3 years after participating graduates receive a masters or other graduate degree or obtain a State license or credential in school counseling, school social work, or school psychology, to hire and pay all or part of the salaries of such participating graduates to work as school counselors, school social workers, and school psychologists in schools served by participating low-income local educational agencies; (3) to increase the number of school counselors, school social workers, and school psychologists per student in schools served by participating low-income local educational agencies to work towards the student support personnel target ratios; (4) to recruit, hire, and retain culturally or linguistically under-represented graduate students in school counseling, school social work, and school psychology for placement in schools served by participating low-income educational agencies; (5) to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution to train graduate students in the fields of school counseling, school social work, and school psychology; (6) to develop coursework that will— (A) encourage a commitment by graduate students in school counseling, school social work, or school psychology to work for low-income local educational agencies; (B) give participating graduates the knowledge and skill sets necessary to meet the needs of— (i) students and families served by low-income local educational agencies; and (ii) teachers, administrators, and other staff who work for low-income local educational agencies; (C) enable participating graduates to meet the unique needs of students at-risk of negative educational outcomes, including students who— (i) are English language learners; (ii) have a parent or caregiver who is a migrant worker; (iii) have a parent or caregiver who is a member of the Armed Forces or National Guard who has been deployed or returned from deployment; (iv) are homeless, including unaccompanied youth; (v) have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons; (vi) have been identified as eligible for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (vii) have been a victim to or witnessed domestic violence or violence in their community; and (viii) are foster care youth, youth aging out of foster care, or former foster youth; and (D) utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists; (7) to provide tuition credits to graduate students participating in the program; (8) for student loan forgiveness for participating graduates who are employed as school counselors, school social workers, or school psychologists by participating low-income local educational agencies for a minimum of 5 consecutive years; and (9) for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate. (h) Supplement not supplant Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds for the activities described in subsection (g). (i) Reporting requirements Each eligible partnership that receives a grant under this section shall submit an annual report to the Secretary on the progress of such partnership in carrying out the purpose of this Act. Such report shall include a description of— (1) actual service delivery provided through grant funds, including— (A) characteristics of the participating eligible graduate institution, including descriptive information on the model used and actual program performance; (B) characteristics of graduate students participating in the program, including performance on any tests required by the State educational agency for credentialing or licensing, demographic characteristics, and graduate student retention rates; (C) characteristics of students of the participating low-income local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate; (D) an estimate of the annual implementation costs of the program; and (E) the numbers of students, schools, and graduate students participating in the program; (2) outcomes that are consistent with the purpose of the grant program, including— (A) internship and post-graduation placement; (B) graduation and professional career readiness indicators; and (C) characteristics of the participating low-income local educational agency, including changes in hiring and retention of highly qualified teachers and school counselors, school psychologists, and school social workers; (3) the instruction, materials, and activities being funded under the grant program; and (4) the effectiveness of any training and ongoing professional development provided— (A) to students and faculty in the appropriate departments or schools of the participating eligible graduate institution; (B) to the faculty, administration, and staff of the participating low-income local educational agency; and (C) to the broader community of providers of social, emotional, behavioral, and related support to students and to those who train such providers. (j) Evaluations (1) Interim evaluations The Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (i) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress. (2) Final evaluation The Secretary shall conduct a final evaluation to— (A) determine the effectiveness of the grant program in carrying out the purpose of this Act; and (B) compare the relative effectiveness of each of the various activities described by subsection (g) for which grant funds may be used. (k) Report Not earlier than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the evaluation conducted under subsection (j)(2), and such recommendations as the Secretary considers appropriate. (l) Authorization of Appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out the program under this section, $30,000,000 for fiscal year 2015 and for each succeeding fiscal year. (2) Reservation for evaluation From the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent for evaluations under subsection (j). 5. Student loan forgiveness for individuals who are employed for 5 or more consecutive school years as school counselors, school social workers, school psychologists, or other qualified psychologists or psychiatrists by low-income local educational agencies (a) Establishment of program The Secretary shall establish a program to provide student loan forgiveness to individuals who are not and have never been participants in the grant program established under section 4 and who have been employed for 5 or more consecutive school years as school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent psychiatrists by low-income local educational agencies. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section. 6. Future designation study (a) In general The Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school counselors, school social workers, and school psychologists to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation, based on the latest available data on— (1) the number of residents under the age of 18 in an area served by a low-income local educational agency; (2) the percentage of the population of an area served by a low-income local educational agency with incomes below the poverty line; (3) the percentage of residents age 18 or older in an area served by a low-income local educational agency with secondary school diplomas; (4) the percentage of students identified as eligible for special education services in an area served by a low-income local educational agency; (5) the youth crime rate in an area served by a low-income local educational agency; (6) the current number of full-time-equivalent and active school counselors, school social workers, and school psychologists employed by a low-income local educational agency; (7) the number of students in an area served by a low-income local education agency in military families (active duty and reserve duty) with parents who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and (8) such other criteria as the Secretary considers appropriate. (b) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a). 7. Definitions In this Act: (1) School counseling program definitions The terms child and adolescent psychiatrist school counselor school psychologist school social worker other qualified psychologist 20 U.S.C. 7245 (2) ESEA general definitions The terms State educational agency local educational agency highly qualified 20 U.S.C. 7801 (3) Best practices The term best practices (4) Eligible graduate institution The term eligible graduate institution (A) in school psychology that is accredited or nationally recognized by the National Association of School Psychologists Program Approval Board and that prepares students in such program for the State licensing or certification exam in school psychology; (B) in school counseling that prepares students in such program for the State licensing or certification exam in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification exam in school social work; or (D) in any combination of study described in subparagraphs (A), (B), or (C). (5) Eligible partnership The term eligible partnership (A) a partnership between 1 or more low-income local educational agencies and 1 or more eligible graduate institutions; or (B) in regions in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more low-income local educational agencies, and 1 or more eligible graduate institutions. (6) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (7) Low-income local educational agency The term low-income local educational agency (A) in which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; (B) that has existing ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 275 students, not more than 1 school psychologist per 770 students, and not more than 1 school social worker per 440 students. (8) Participating eligible graduate institution The term participating eligible graduate institution (9) Participating graduate The term participating graduate (A) has received a masters or other graduate degree in elementary or secondary school counseling, school social work, or school psychology from a participating eligible graduate institution and has obtained a State license or credential in school counseling, school social work, or school psychology; and (B) as a graduate student of school counseling, school social work, or school psychology was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training as applicable. (10) Participating low-income local educational agency The term participating low-income local educational agency (11) Secretary The term Secretary (12) Student support personnel target ratios The term student support personnel target ratios (A) at least 1 school counselor for every 250 students (as recommended by the American School Counselors Association and American Counseling Association); (B) at least 1 school psychologist for every 500–700 students (as recommended by the National Association of School Psychologists); and (C) at least 1 school social worker for every 400 students (as recommended by the School Social Work Association of America). (13) Unaccompanied youth The term unaccompanied youth 42 U.S.C. 11434a | Increasing Student Achievement by Increasing Student Support Act |
Lobbying and Campaign Finance Reform Act of 2014 - Amends the Federal Election Campaign Act of 1971 (FECA) to declare that, for purposes of dollar limits on contributions, any bundled contribution forwarded by a currently registered lobbyist or a political committee established or controlled by one to an authorized committee of a candidate, a leadership political action committee (PAC), or a political party committee shall be treated as both a contribution made by the person forwarding it and as a contribution made by the contributor. Amends the Lobbying Disclosure Act of 1995 to revise the definition of "lobbyist" with respect to its exemption from coverage of certain individuals whose lobbying activities constitute less than 20% of the time engaged in the services provided to a client over a 3-month period. Extends the 3-month period into a 2-year period. Amends FECA to prohibit House of Representatives and Senate candidates, Members, Senators, their agents, or any entities directly or indirectly established, financed, maintained, or controlled by or acting on behalf of one or more of them from soliciting funds from any registered lobbyist in connection with an election to the House or Senate during any period in which the chamber is in session (excluding adjournments or recesses for 10 calendar days or longer). | 113 S2754 IS: Lobbying and Campaign Finance Reform Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2754 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Bennet Committee on Rules and Administration A BILL To provide limits on bundling, to reform the lobbyist registration process, and for other purposes. 1. Short title This Act may be cited as the Lobbying and Campaign Finance Reform Act of 2014 2. Limitation on bundled contributions (a) In general Section 315(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441 (9) For purposes of paragraph (1), any bundled contribution (as defined in section 304(i)(8)) forwarded by a person described in section 304(i)(7) to a committee described in section 304(i)(6) shall be treated both as a contribution made by the person forwarding such contribution and as a contribution made by the contributor. . (b) Definition of bundled contribution Clause (ii) of section 304(i)(A) is amended by inserting (whether in writing or otherwise) other means (c) Effective date (1) In general The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Definition of bundled contribution The amendment made by subsection (b) shall take effect 90 days after the date of the enactment of this Act. 3. Lobbyist registration reforms Section 3(10) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(10) contact, other than 3-month period. contact over a 2-year period. 4. Ban on soliciting campaign contributions from registered lobbyists Title III of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. 325. Solicitations of registered lobbyists (a) Senate A candidate for the office of Senator, an individual holding the office of Senator, an agent of such a candidate or an individual holding such office, or an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of 1 or more such candidates or individuals holding such office may not solicit from any registered lobbyist funds in connection with any election for the office of Senator during any period in which the Senate is in session. (b) House of Representatives A candidate for Representative to, or Representative in, or Delegate or Resident Commissioner to, the Congress, an individual holding such an office, an agent of a candidate or an individual holding such an office, or an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of 1 or more such candidates or individuals holding such an office may not solicit from any registered lobbyist funds in connection with any election for Representative to, or Representative in, or Delegate or Resident Commissioner to, the Congress during any period in which the House of Representatives is in session. (c) Registered lobbyist For purposes of this section, the term registered lobbyist (d) Determination of when body is in session For purposes of this section, the Senate or House of Representatives shall be considered to be in session during any period unless such body has adjourned for, or is in recess for, a period of 10 calendar days or longer. . | Lobbying and Campaign Finance Reform Act of 2014 |
Overdose Prevention Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to enter into cooperative agreements to reduce deaths from drug overdoses by: (1) purchasing and distributing naloxone (a medication that rapidly reverses overdose from heroin or other opioids, which are drugs with effects similar to opium) or a similar drug; and (2) educating or training the public, first responders, or health professionals on drug overdose prevention or response. Requires the CDC to improve drug overdose surveillance by entering into cooperative agreements to: (1) provide training to improve identification of drug overdose as the cause of death, and (2) establish a national program for reporting drug overdoses. Directs the Secretary of Health and Human Services (HHS) to establish a coordinating center and develop a plan to reduce drug overdose deaths by educating the public about overdose prevention and recommending improvements to overdose prevention programs. Requires the Director of the National Institute on Drug Abuse (NIDA) to prioritize, conduct, and support research on circumstances that contribute to drug overdose, drugs associated with fatal overdose, and overdose prevention methods. Directs NIDA to support research on drug overdose treatments that can be administered by lay persons or first responders. | 113 S2755 IS: Overdose Prevention Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2755 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Reed Mr. Durbin Mr. Whitehouse Mr. Markey Mr. Leahy Committee on Health, Education, Labor, and Pensions A BILL To prevent deaths occurring from drug overdoses. 1. Short title This Act may be cited as the Overdose Prevention Act 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, each day in the United States, more than 100 people die from a drug overdose. Among people 25 to 64 years old, drug overdose causes more deaths than motor vehicle accidents. (2) The Centers for Disease Control and Prevention reports that more than 41,000 people in the United States died from a drug overdose in 2011 alone. Nearly 80 percent of those deaths were due to unintentional drug overdoses, and many could have been prevented. (3) Deaths resulting from unintentional drug overdoses increased more than 300 percent between 1980 and 1998, and nearly tripled between 1999 and 2011. (4) Ninety-one percent of all unintentional poisoning deaths are due to drugs. Since 1999, in the United States the population of non-Hispanic Whites and the population of Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (5) Opioid medications such as oxycodone and hydrocodone are involved in 55 percent of all unintentional drug poisoning deaths. (6) Between 1999 and 2010, opioid medication overdose fatalities increased by more than 400 percent among women and 265 percent among men. (7) Military veterans are at elevated risk of experiencing a drug overdose. Veterans who served in Vietnam, Iraq, or Afghanistan and who have combat injuries, posttraumatic stress disorder, and other co-occurring mental health diagnoses are at elevated risk of fatal drug overdose from opioid medications. (8) Rural and suburban regions are disproportionately affected by opioid medication overdoses. Urban centers also continue to struggle with overdose, which is the leading cause of death among homeless adults. (9) In the year 2009 alone, estimated lost productivity and direct medical costs from opioid medication poisonings exceeded $20,000,000,000. (10) Both fatal and nonfatal overdoses place a heavy burden on public health and public safety resources, yet there is no coordinated cross-Federal agency response to prevent overdose fatalities. (11) Naloxone is a medication that rapidly reverses overdose from heroin and opioid medications. (12) In 2012, the Food and Drug Administration held a public workshop in collaboration with the National Institute on Drug Abuse and the Centers for Disease Control and Prevention, and with participation from the Substance Abuse and Mental Health Services Administration and the Office of National Drug Control Policy, to discuss making naloxone more widely available outside of conventional medical settings to reduce the incidence of opioid overdose fatalities. (13) Lawmakers in California, Colorado, Connecticut, Georgia, Illinois, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia have removed legal impediments to increasing naloxone prescription and its use by bystanders who are in a position to respond to an overdose. (14) The American Medical Association, the Nation’s largest physician organization, supports further implementation of community-based programs that offer naloxone and other opioid overdose prevention services. (15) Community-based overdose prevention programs have successfully prevented deaths from opioid overdoses by making rescue training and naloxone available to first responders, parents, and other bystanders who may encounter an overdose. A study funded by the Centers for Disease Control and Prevention of community-based overdose prevention programs provided by the Massachusetts Department of Public Health found that communities with access to overdose prevention programs experienced lower mortality rates from opioid overdoses than communities that did not have access to overdose prevention programs during the study period. (16) Over 50,000 potential bystanders have been trained by overdose prevention programs in the United States. A Centers for Disease Control and Prevention report credits overdose prevention programs with saving more than 10,000 lives since 1996. (17) At least 188 local overdose prevention programs are operating in the United States, including in major cities such as Baltimore, Chicago, Los Angeles, New York City, Boston, San Francisco, and Philadelphia, and statewide in New Mexico, Massachusetts, and New York. Between 2006 and 2009, overdose prevention programs facilitated by the Massachusetts Department of Public Health trained more than 4,800 people who reported more than 500 rescues. Since 2004, a program administered by the Baltimore City Health Department has trained more than 3,000 people who reported more than 220 rescues. Project Lazarus, an overdose prevention program in Wilkes County, North Carolina, reduced overdose deaths 69 percent between 2009 and 2011. (18) In Illinois, the Department of Human Services, Division of Alcoholism and Substance Abuse has enrolled over 20 drug overdose prevention programs with over 100 designated sites across Illinois targeting multiple service populations. These enrollees include police departments, county health departments, medical facilities, licensed substance abuse treatment programs, and community organizations. Statewide, over 2,000 police officers and more than 600 others have been trained thus far. The DuPage County Illinois Health Department has trained over 1,200 police officers and has reported 12 overdose reversals. (19) The Office of National Drug Control Policy supports equipping first responders to help reverse overdoses. Police officers on patrol in Quincy, Massachusetts, have conducted 170 overdose rescues with naloxone since 2010. The police department has reported a 95-percent success rate with overdose rescue attempts by police officers. In Suffolk County, New York, police officers have saved more than 50 lives with naloxone. (20) Research shows that the cost per year of life gained by making naloxone available to reverse overdoses is within the range of what people in the United States usually pay for health treatments. (21) Overdose prevention programs are needed in correctional facilities, addiction treatment programs, and other places where people are at higher risk of overdosing after a period of abstinence. (22) People affected by drug overdose gather on August 31 of each year in communities nationwide for Overdose Awareness Day, to mourn and pay tribute to loved ones and raise awareness about overdose risk and prevention. 3. Overdose prevention programs Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. W Overdose prevention programs 399OO. Cooperative agreement program to reduce drug overdose deaths (a) Program authorized The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enter into cooperative agreements with eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. (b) Eligible entities To be eligible to receive a cooperative agreement under this section, an entity shall be a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, a professional organization in the field of poison control and surveillance, or a private nonprofit organization. (c) Application (1) In general An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application under paragraph (1) shall include— (A) a description of the activities to be funded through the cooperative agreement; and (B) evidence that the eligible entity has the capacity to carry out such activities. (d) Priority In entering into cooperative agreements under subsection (a), the Secretary shall give priority to eligible entities that— (1) are a public health agency or community-based organization; and (2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. (e) Eligible activities As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to use the cooperative agreement to do each of the following: (1) Purchase and distribute the drug naloxone or a similarly effective medication. (2) Carry out one or more of the following activities: (A) Educating prescribers and pharmacists about overdose prevention and naloxone prescription, or prescription of a similarly effective medication. (B) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. Training pursuant to this subparagraph may include any activity that is educational, instructional, or consultative in nature, and may include volunteer training, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials. (C) Implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need of such services. (D) Educating the public and providing outreach to the public about overdose prevention and naloxone prescriptions, or prescriptions of other similarly effective medications. (f) Coordinating center (1) Establishment The Secretary shall establish and provide for the operation of a coordinating center responsible for— (A) collecting, compiling, and disseminating data on the programs and activities under this section, including tracking and evaluating the distribution and use of naloxone and other similarly effective medication; (B) evaluating such data and, based on such evaluation, developing best practices for preventing deaths occurring from drug overdoses; (C) making such best practices specific to the type of community involved; (D) coordinating and harmonizing data collection measures; (E) evaluating the effects of the program on overdose rates: and (F) education and outreach to the public about overdose prevention and prescription of naloxone and other similarly effective medication. (2) Reports to center As a condition on receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to such coordinating center and the Secretary describing the results of the activities supported through the cooperative agreement. (g) Duration The period of a cooperative agreement under this section shall be 4 years. (h) Definition In this part, the term drug (1) a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (2) includes controlled substances, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (i) Authorization of appropriations There are authorized to be appropriated $20,000,000 to carry out this section for each of the fiscal years 2015 through 2019. 399OO–1. Surveillance capacity building (a) Program authorized The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award cooperative agreements to eligible entities to improve fatal and nonfatal drug overdose surveillance and reporting capabilities, including— (1) providing training to improve identification of drug overdose as the cause of death by coroners and medical examiners; (2) establishing, in cooperation with the National Poison Data System, coroners, and medical examiners, a comprehensive national program for surveillance of, and reporting to an electronic database on, drug overdose deaths in the United States; and (3) establishing, in cooperation with the National Poison Data System, a comprehensive national program for surveillance of, and reporting to an electronic database on, fatal and nonfatal drug overdose occurrences, including epidemiological and toxicologic analysis and trends. (b) Eligible entity To be eligible to receive a cooperative agreement under this section, an entity shall be— (1) a State, local, or tribal government; or (2) the National Poison Data System working in conjunction with a State, local, or tribal government. (c) Application (1) In general An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents The application described in paragraph (1) shall include— (A) a description of the activities to be funded through the cooperative agreement; and (B) evidence that the eligible entity has the capacity to carry out such activities. (d) Report As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to the Secretary describing the results of the activities supported through the cooperative agreement. (e) National poison data system In this section, the term National Poison Data System (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2015 through 2019. 399OO–2. Reducing overdose deaths (a) Prevention of drug overdose Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with a task force comprised of stakeholders, shall develop a plan to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include— (1) a plan for implementation of a public health campaign to educate prescribers and the public about overdose prevention and prescription of naloxone and other similarly effective medication; (2) recommendations for improving and expanding overdose prevention programming; and (3) recommendations for such legislative or administrative action as the Secretary determines appropriate. (b) Task force representation (1) Required members The task force under subsection (a) shall include at least one representative of each of the following: (A) Individuals directly impacted by drug overdose. (B) Direct service providers who engage individuals at risk of a drug overdose. (C) Drug overdose prevention advocates. (D) The National Institute on Drug Abuse. (E) The Center for Substance Abuse Treatment. (F) The Centers for Disease Control and Prevention. (G) The Health Resources and Services Administration. (H) The Food and Drug Administration. (I) The Office of National Drug Control Policy. (J) The American Medical Association. (K) The American Association of Poison Control Centers. (L) The Federal Bureau of Prisons. (M) The Centers for Medicare & Medicaid Services. (N) The Department of Justice. (O) The Department of Defense. (P) The Department of Veterans Affairs. (Q) First responders. (R) Law enforcement. (S) State agencies responsible for drug overdose prevention. (2) Additional members In addition to the representatives required by paragraph (1), the task force under subsection (a) may include other individuals with expertise relating to drug overdoses or representatives of entities with expertise relating to drug overdoses, as the Secretary determines appropriate. . 4. Overdose prevention research Subpart 15 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285o et seq. 464Q. Overdose prevention research (a) Overdose research The Director of the Institute shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include— (1) an examination of circumstances that contribute to drug overdose and identification of drugs associated with fatal overdose; (2) an evaluation of existing overdose prevention methods; (3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States; (4) scientific research concerning the effectiveness of overdose prevention programs, including how to effectively implement and sustain such programs; (5) comparative effectiveness research of model programs; and (6) implementation of science research concerning effective overdose prevention programming examining how to implement and sustain overdose prevention programming. (b) Formulations of naloxone The Director of the Institute shall support research on the development of formulations of naloxone, and other similarly effective medications, and dosage delivery devices specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. (c) Definition In this section, the term drug (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2015 through 2019. . | Overdose Prevention Act |
Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. | 113 S2756 IS: Fairness to Pet Owners Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2756 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Blumenthal Mr. Schumer Mr. Lee Committee on Commerce, Science, and Transportation A BILL To promote competition and help consumers save money by giving them the freedom to choose where they buy prescription pet medications, and for other purposes. 1. Short title This Act may be cited as the Fairness to Pet Owners Act of 2014 2. Applicability This Act shall only apply to medication for a domesticated household animal that the Federal Government prevents consumers from purchasing without a prescription. 3. Rules on veterinary prescriptions Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 (1) In general A requirement that the prescriber of an animal drug shall— (A) whether or not requested by the pet owner, provide to the pet owner, before offering to fill or dispensing, a veterinary prescription, a copy of the veterinary prescription, including by electronic or other means; (B) provide a copy of the prescription by electronic or other means consistent with applicable State law, if requested by a pharmacy or any other person designated to act on behalf of the pet owner; and (C) upon request by a pharmacy or any other person designated to act on behalf of the pet owner, verify the prescription. (2) Purchase, payment, and waiver A requirement that the prescriber of an animal drug— (A) may not— (i) require purchase of the animal drug for which the veterinary prescription was written from the prescriber or from another person as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); (ii) require payment in addition to, or as part of, the fee for an examination and evaluation as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); or (iii) require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice waiving or disclaiming liability of the prescriber for the accuracy of the veterinary prescription, as a condition of providing a copy of such prescription or verifying such prescription under paragraph (1); and (B) may require payment of fees for an examination and evaluation before providing a veterinary prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for an animal drug. 4. Enforcement (a) Unfair or deceptive act or practice A violation of a rule prescribed pursuant to section 3 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission (1) In general The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Privileges and immunities Any person who violates a rule prescribed pursuant to section 3 of this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. 5. Definitions In this Act: (1) Animal drug The term animal drug (2) Domesticated household animal The term domesticated household animal (3) Pet owner The term pet owner (4) Prescriber The term prescriber (5) Veterinary prescription The term veterinary prescription (A) means a written, oral, or electronic order from a prescriber authorizing the dispensing of an animal drug for use by a domesticated household animal and normally administered to the animal by its owner, issued in accordance with State and Federal law; and (B) does not include an animal drug administered by the veterinarian in the course of providing acute care. | Fairness to Pet Owners Act of 2014 |
Motor Vehicle and Highway Safety Enhancement Act of 2014 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for specified National Highway Traffic Safety Administration (NHTSA) safety programs (including administrative expenses) for FY2015-FY2020. Revises uniform guidelines for state highway safety programs to require programs to: (1) reduce injuries and deaths to older drivers, and (2) improve emergency medical services response to crash sites. Revises grant eligibility requirements for states that adopt and enforce mandatory alcohol-ignition interlock laws to allow them to make certain exceptions to the requirement. Declares that the federal share of costs for highway safety research and development projects may be up to 100% if so specified in the project agreement. Revises the allocation of grant amounts to a state for a fiscal year for motorcyclist safety programs. Extends for FY2015-FY2020 the authorization of appropriations for NHTSA motor vehicle safety programs in general. Revises and increases civil and criminal penalties for persons who violate motor vehicle safety regulations. Raechel and Jacqueline Houck Safe Rental Car Act of 2014 - Authorizes a rental company that receives a notification (approved by NHTSA) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied. Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet. Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed. Makes these special rules for rental companies inapplicable to junk automobiles. Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable. Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks. Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. Declares that nothing in this Act shall: (1) be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or (2) supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company. | 113 S2760 IS: Motor Vehicle and Highway Safety Enhancement Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2760 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. McCaskill Committee on Commerce, Science, and Transportation A BILL To extend National Highway Traffic Safety Administration authorizations, and for other purposes. 1. Short title This Act may be cited as the Motor Vehicle and Highway Safety Enhancement Act of 2014 2. Definition of Secretary In this Act, unless expressly provided otherwise, the term Secretary I Highway safety 101. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway safety programs For carrying out section 402 (A) $241,146,351 for fiscal year 2015; (B) $253,203,669 for fiscal year 2016; (C) $265,863,852 for fiscal year 2017; (D) $279,157,045 for fiscal year 2018; (E) $293,114,898 for fiscal year 2019; and (F) $307,770,643 for fiscal year 2020. (2) Highway safety research and development For carrying out section 403 (A) $117,000,000 for fiscal year 2015; (B) $122,850,000 for fiscal year 2016; (C) $128,992,500 for fiscal year 2017; (D) $135,442,125 for fiscal year 2018; (E) $142,214,232 for fiscal year 2019; and (F) $149,353,294 for fiscal year 2020. (3) National priority safety programs For carrying out section 405 (A) $278,705,019 for fiscal year 2015; (B) $292,640,270 for fiscal year 2016; (C) $307,272,283 for fiscal year 2017; (D) $322,635,898 for fiscal year 2018; (E) $338,767,693 for fiscal year 2019; and (F) $355,706,078 for fiscal year 2020. (4) National driver register For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code— (A) $5,000,000 for fiscal year 2015; (B) $5,250,000 for fiscal year 2016; (C) $5,512,500 for fiscal year 2017; (D) $5,788,125 for fiscal year 2018; (E) $6,077,532 for fiscal year 2019; and (F) $6,381,409 for fiscal year 2020. (5) High visibility enforcement program For carrying out section 2009 of SAFETEA–LU ( 23 U.S.C. 402 (A) $29,000,000 for fiscal year 2015; (B) $30,450,000 for fiscal year 2016; (C) $31,972,500 for fiscal year 2017; (D) $33,571,125 for fiscal year 2018; (E) $35,249,682 for fiscal year 2019; and (F) $37,012,167 for fiscal year 2020. (6) Administrative expenses For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 (A) $28,148,630 for fiscal year 2015; (B) $29,556,062 for fiscal year 2016; (C) $31,033,865 for fiscal year 2017; (D) $32,585,558 for fiscal year 2018; (E) $34,214,836 for fiscal year 2019; and (F) $35,925,587 for fiscal year 2020. (b) Prohibition on other uses Except as otherwise provided in chapter 4 (1) shall only be used to carry out such program; and (2) may not be used by States or local governments for construction purposes. (c) Applicability of title 23 Except as otherwise provided in chapter 4 chapter 1 (d) Regulatory authority Grants awarded under this title shall be in accordance with regulations issued by the Secretary. (e) State matching requirement If a grant awarded under this title requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project. (f) Grant application and deadline To receive a grant under this title, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. 102. Highway safety programs (a) Uniform guidelines Section 402(a)(2)(A) (1) by striking and (2) by redesignating clause (vii) as clause (ix); and (3) by inserting after clause (vi) the following: (vii) to reduce injuries and deaths to older drivers; (viii) to improve emergency medical services response to crash sites; and . (b) Administration of State programs Section 402(b)(1)(F) (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: (iii) countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways; . (c) Restriction Section 402(g) (g) Restriction Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines). . 103. Ignition interlock grant criteria Section 405(d)(6) (A) In general The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed. The State may provide limited exceptions for circumstances when— (i) a State-certified ignition interlock provider is not available within 100 miles of the individual's residence; (ii) the individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or (iii) the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. . 104. Highway research and development Section 403 (i) Federal share The Federal share of the cost of any project or activity carried out under this section may be up to 100 percent if so specified in the project agreement. . 105. Miscellaneous and technical amendments (a) Highway safety programs Section 402 (1) in subsection (b)(1)(C), by striking except as provided in paragraph (3) except as provided in paragraph (2) (2) in subsection (b)(1)(E)— (A) by striking in which a State for which a State (B) by striking subsection (f) subsection (k) (3) in subsection (k)(4), by striking paragraph (2)(A) paragraph (3)(A) (b) Highway safety research and development Section 403(e) of title 49 chapter 301 (c) National priority safety programs Section 405 (1) in subsection (d)(5), by striking section 402(c) section 402 (2) by striking subsection (f)(2), and inserting the following: (2) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under section 402 for fiscal year 2009. ; and (3) in subsection (f)(4)(A)(iv), by striking developed under subsection (g) II Motor vehicle safety 201. Authorization of appropriations Section 30104 (1) by striking $98,313,500 (2) by striking to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2011. to carry out this part— (1) $152,000,000 for fiscal year 2015; (2) $170,240,000 for fiscal year 2016; (3) $190,670,000 for fiscal year 2017; (4) $213,550,000 for fiscal year 2018; (5) $239,175,000 for fiscal year 2019; and (6) $268,000,000 for fiscal year 2020. . 202. Recall obligations under bankruptcy Section 30120A chapter 11 of title 11 chapter 7 or chapter 11 203. Civil penalties (a) In general Section 30165 (1) in subsection (a)(1)— (A) in the first sentence— (i) by striking A person that violates any A person that violates or causes to be violated any (ii) by striking $5,000 $25,000 (B) by striking the third sentence; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 $25,000 (B) by striking the third sentence. (b) Construction Nothing in this section shall be construed as preventing the imposition of penalties under section 30165 of title 49, United States Code, prior to the issuance of a final rule under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 204. Criminal penalties Section 30170 30170. Criminal penalties (a) In general A person who violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 30166, or a regulation prescribed thereunder shall be subject to criminal penalties of— (1) if death of an individual results, a fine under title 18, or imprisonment for any term of years or for life, or both; (2) if serious bodily injury to any individual results, a fine under title 18 or imprisonment for not more than 15 years, or both; and (3) in any other case, a fine under title 18, or imprisoned for not more than 5 years, or both. (b) Agents Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of any of the sections described under subsection (a), shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a). (c) Forfeiture of assets In addition to the penalties provided by subsection (a), the penalty for a criminal violation of any of the sections described under subsection (a) may include a forfeiture of assets associated with the violation. (d) Definitions In this section: (1) Criminal violation The term criminal violation (2) Serious bodily injury The term serious bodily injury section 1365 . III Rental car safety 301. Short title This title may be cited as the Raechel and Jacqueline Houck Safe Rental Car Act of 2014 302. Definitions Section 30102(a) (1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; (2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (3) by inserting before paragraph (2), as redesignated, the following: (1) covered rental vehicle (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company. ; and (4) by inserting after paragraph (10), as redesignated, the following: (11) rental company (A) is engaged in the business of renting covered rental vehicles; and (B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles. . 303. Remedies for defects and noncompliance Section 30120(i) (1) in the subsection heading, by adding , or rental (2) in paragraph (1)— (A) by striking (1) If notification (1) In general If notification ; (B) by indenting subparagraphs (A) and (B) four ems from the left margin; (C) by inserting or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification time of notification (D) by striking the dealer may sell or lease, the dealer or rental company may sell, lease, or rent (E) in subparagraph (A), by striking sale or lease sale, lease, or rental agreement (3) by amending paragraph (2) to read as follows: (2) Rule of construction Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent. ; and (4) by adding at the end the following: (3) Specific rules for rental companies (A) In general Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (B) Special rule for large vehicle fleets Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (C) Special rule for when remedies not immediately available If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). (D) Inapplicability to junk automobiles Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle— (i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 ( 49 U.S.C. 30501 (ii) is retitled as a junk automobile pursuant to applicable State law; and (iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504). . 304. Making safety devices and elements inoperative Section 30122(b) rental company, dealer, 305. Inspections, investigations, and records Section 30166 (1) in subsection (c)(2), by striking or dealer dealer, or rental company (2) in subsection (e), by striking or dealer dealer, or rental company (3) in subsection (f), by striking or to owners , rental companies, or other owners 306. Research authority The Secretary of Transportation may conduct a study of— (1) the effectiveness of the amendments made by this title; and (2) other activities of rental companies (as defined in section 30102(a)(11) section 30118 307. Study (a) Additional requirement Subsection (b)(2) of section 32206 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 (1) in subparagraph (E), by striking and (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) evaluate the completion of safety recall remedies on rental trucks; and . (b) Report Subsection (c) of section 32206 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking (c) Report (c) Reports (1) Initial report Not later ; (3) in subparagraph (A), as redesignated, by striking subsection (b) subparagraphs (A) through (E) and (G) of subsection (b)(2) (4) by adding at the end the following: (2) Safety recall remedy report Not later than 1 year after the date of the enactment of the Raechel and Jacqueline Houck Safe Rental Car Act of 2014 (A) the findings of the study conducted pursuant to subsection (b)(2)(F); and (B) any recommendations for legislation that the Secretary determines to be appropriate. . 308. Public comments The Secretary of Transportation shall solicit comments regarding the implementation of this title from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. 309. Rule of construction Nothing in this title or the amendments made by this title shall— (1) be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 (2) supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) 310. Rulemaking The Secretary of Transportation may promulgate rules, as appropriate, to implement this title and the amendments made by this title. 311. Effective date The amendments made by this title shall take effect on the date that is 180 days after the date of the enactment of this title. | Motor Vehicle and Highway Safety Enhancement Act of 2014 |
Local Empowerment Act - Revises requirements for the apportionment of state planning funds to metropolitan planning organizations (MPOs). Requires a state's apportionment to be distributed in accordance with a formula that prioritizes the needs of high performing MPOs. Revises certain allocations of surface transportation program funds to states for: (1) any areas with a population of fewer (under current law, non-urban areas with more) than 5,000, and (2) urbanized areas with a population of more than 200,000 that have a high performing MPO. Extends for FY2015-FY2018 a state's obligational authority to distribute a specified amount of surface transportation program funds for federal-aid highways and highway safety construction programs in urbanized areas with a population over 200,000, including those areas that have a high performing MPO. Makes permanent a special rule authorizing a state to obligate up to 15% of its apportionment of surface transportation program funds for each fiscal on roads functionally classified as minor collectors in areas of less than 5,000 population. Defines "consolidated metropolitan planning organization" to mean a sole MPO that serves a metropolitan statistical area. Prescribes requirements for the designation of new and consolidation of multiple MPOs within a metropolitan statistical area. Allows a MPO for an urbanized area with a population of more than 200,000 to request that the Secretary of Transportation (DOT) designate it as a high performing MPO. Specifies criteria the Secretary shall consider in making such designation. Makes similar changes to requirements for the transportation alternatives program. | 113 S2761 IS: Local Empowerment Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2761 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Booker Committee on Environment and Public Works A BILL To amend title 23, United States Code, to permit the consolidation of metropolitan planning organizations, and for other purposes. 1. Short title This Act may be cited as the Local Empowerment Act 2. Consolidated and high performing metropolitan planning organizations (a) Highways (1) Apportionment Section 104(d)(2)(A) (A) in clause (i), by striking ; and (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: (ii) prioritizes the needs of high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) . (2) Surface transportation program Section 133 (A) in subsection (d), by striking paragraph (1) and inserting the following: (1) Calculation Of the funds apportioned to a State under section 104(b)(2)— (A) 50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population of more than 200,000; (ii) in urban areas of the State with an urban area population of not fewer than 5,000 and not more than 200,000; and (iii) in areas of the State with an area population of fewer than 5,000; (B) 25 percent for a fiscal year may be obligated under this section in any area of the State; (C) (i) 25 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State, in urbanized areas described in subparagraph (A)(i) that have a high performing metropolitan planning organization (as designated by the Secretary under section 134(r) or section 5303(r) (ii) the amount of the funds obligated to each urbanized area described in clause (i) shall— (I) be equal to 50 percent of the amount of the funds obligated to the urbanized area under subparagraph (A)(i); and (II) be in addition to the funds obligated to the urbanized area under subparagraph (A)(i); and (D) any funds not obligated under subparagraph (C) for a fiscal year shall be obligated under this section, in proportion to the relative shares of the population of the State, in any area of the State under subparagraph (B). ; (B) in subsection (f)— (i) in paragraph (1)— (I) by striking A State Except as provided in paragraph (2), a State (II) by striking section 104(b)(3) section 104(b)(2) (III) by striking 2011 through 2014 2015 through 2018 (ii) by redesignating paragraph (2) as paragraph (3); (iii) by inserting after paragraph (1) the following: (2) High performing metropolitan planning organizations (A) In general A State that is required to obligate in an urbanized area under subsections (d)(1)(A)(i) and (d)(1)(C) funds apportioned to the State under section 104(b)(2) shall make available to the urbanized area for each fiscal year during the period described in paragraph (1) an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (i) the amount of funds that the State is required to obligate in the area under subsections (d)(1)(A)(i) and (d)(1)(C); and (ii) the ratio described in paragraph (1)(B). (B) Availability The obligation authority described in subparagraph (A) shall remain available for a period of 4 fiscal years. ; and (iv) in paragraph (3) (as so redesignated), by striking paragraph (1) paragraphs (1) and (2) (C) in subsection (h)(1), by striking of fiscal years 2013 through 2014 fiscal year (3) Metropolitan transportation planning Section 134 (A) in subsection (b)— (i) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (ii) by inserting before paragraph (2) (as so redesignated) the following: (1) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization ; (B) in subsection (d), by striking paragraph (6) and inserting the following: (6) Consolidation of metropolitan planning organizations in urbanized areas (A) Limitation on new metropolitan planning organizations A metropolitan planning organization shall not be designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside the boundaries of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If more than 1 existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) each metropolitan planning organization may— (I) retain the designation as a metropolitan planning organization; or (II) agree to be consolidated with the other metropolitan planning organizations; (ii) the existing metropolitan planning organizations and the applicable Governors may— (I) beginning on January 1, 2022, and once every 10 years thereafter, revisit the agreement described in clause (i)(I); and (II) submit to the Secretary a justification of the continued necessity of that agreement; and (iii) each metropolitan planning organization shall cooperate with every other metropolitan planning organization to— (I) develop a single transportation improvement plan and a single long-range plan to be used by each metropolitan planning organization when developing individual plans of the metropolitan planning organization; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) to be used in developing individual performance targets of the metropolitan planning organization in accordance with subsection (h)(2)(B). ; and (C) by adding at the end the following: (r) High performing metropolitan planning organizations (1) In general A metropolitan planning organization designated for an urbanized area with a population of more than 200,000 individuals may request that the Secretary designate the metropolitan planning organization as a high performing metropolitan planning organization. (2) Criteria In making a designation under paragraph (1), the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated the performance targets established pursuant to section 150 and sections 5303(h)(2), 5326(c) and 5329(d) of title 49 into the planning process; (C) whether the metropolitan planning organization is a consolidated metropolitan planning organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) any other guidance established by the Secretary. (3) Review A designation under paragraph (1) shall be effective for the period beginning on the date on which the designation is made and ending on the date that is 10 years after the date on which the designation is made. . (4) Transportation alternatives Section 213(c) (1) Calculation Of the funds reserved in a State under this section— (A) 50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population of more than 200,000; (ii) in urban areas of the State with an urban area population of not fewer than 5,000 and not more than 200,000; and (iii) in areas of the State with an area population of fewer than 5,000; (B) 25 percent for a fiscal year may be obligated under this section in any area of the State; (C) (i) 25 percent for a fiscal year shall be obligated under this section in urbanized areas described in subparagraph (A)(i) that have a high performing metropolitan planning organization (as designated by the Secretary under section 134(r) or section 5303(r) (ii) the amount of the funds obligated to each urbanized area described in clause (i) shall— (I) be equal to 50 percent of the amount of the funds obligated to the urbanized area under subparagraph (A)(i); and (II) be in addition to the funds obligated to the urbanized area under subparagraph (A)(i); and (D) any funds not obligated under subparagraph (C) for a fiscal year shall be obligated under this section in any area of the State under subparagraph (B). . (b) Transportation Section 5303 (1) in subsection (b)— (A) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization ; (2) in subsection (d), by striking paragraph (6) and inserting the following: (6) Consolidation of metropolitan planning organizations in urbanized areas (A) Limitation on new metropolitan planning organizations A metropolitan planning organization shall not be designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside the boundaries of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If more than 1 existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) each metropolitan planning organization may— (I) retain the designation as a metropolitan planning organization; or (II) agree to be consolidated with the other metropolitan planning organizations; (ii) the existing metropolitan planning organizations and the applicable Governors may— (I) beginning on January 1, 2022, and once every 10 years thereafter, revisit the agreement described in clause (i)(II); and (II) submit to the Secretary a justification of the continued necessity of that agreement; and (iii) each metropolitan planning organization shall cooperate with every other metropolitan planning organization to— (I) develop a single transportation improvement plan and a single long-range plan to be used by each metropolitan planning organization when developing individual plans of the metropolitan planning organization; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) ; and (3) by adding at the end the following: (r) High performing metropolitan planning organizations (1) In general A metropolitan planning organization designated for an urbanized area with a population of more than 200,000 individuals may request that the Secretary designate the metropolitan planning organization as a high performing metropolitan planning organization. (2) Criteria In making a designation under paragraph (1), the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated the performance targets established pursuant to section 150 (C) whether the metropolitan planning organization is a consolidated metropolitan planning organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) any other guidance established by the Secretary. (3) Review A designation under paragraph (1) shall be effective for the period beginning on the date on which the designation is made and ending on the date that is 10 years after the date on which the designation is made. . | Local Empowerment Act |
Propane Supply and Security Act of 2014 - Directs the Administrator of the Energy Information Administration (EIA) to publish weekly inventory data on propane storage and propane markets, including pricing data for residential customers in states that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the EIA. Directs the Administrator to publish data on storage at: (1) major market centers, and (2) the regions reported in specified weekly and monthly inventory data. Directs the Administrator to work with the states participating in SHOPP to develop a comparable program to collect data on wood pellets, firewood, and other biomass. Directs the Secretary of Energy to lead federal and state emergency response efforts regarding propane supply emergencies in any state or region characterized by either sudden increases in consumer prices for propane, or propane supply shortages that threaten public safety or livestock safety. Amends the Propane Education and Research Act of 1996 to direct the Propane Education and Research Council to develop for propane distributors and consumers training programs on strategies to mitigate negative effects of future propane price spikes. Directs the Secretary to study the effectiveness and feasibility of establishing propane storage facilities operated separately from the Strategic Petroleum Reserve. Authorizes the Secretary to submit to Congress and the President a plan describing such regional propane reserve. Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture to include within the storage facility loan program funding for propane storage and handling facilities used for drying and heating. Directs the Comptroller General (GAO) to study facilities appurtenant to propane pipelines that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) to determine: (1) whether the nonjurisdictional nature of the facilities is injurious to shippers or consumers; and (2) whether the facilities can be placed under FERC jurisdiction or, if not, whether changes in law to place them under FERC jurisdiction are in the public interest. | 113 S2762 IS: Propane Supply and Security Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2762 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Franken Mr. Portman Ms. Baldwin Committee on Energy and Natural Resources A BILL To prevent future propane shortages, and for other purposes. 1. Short title This Act may be cited as the Propane Supply and Security Act of 2014 2. Definitions In this Act: (1) Administrator The term Administrator (2) Commission The term Commission (3) Interstate commerce The term interstate commerce 15 U.S.C. 717a (4) Propane pipeline The term propane pipeline (5) Secretary The term Secretary 3. Information collection (a) In general The Administrator shall publish, to the maximum extent practicable and consistent with confidentiality requirements, data on— (1) propane storage, including— (A) weekly inventory data disaggregated below the level of the Petroleum Administration for Defense Districts (PADD), including— (i) data at the State level; and (ii) data from the collective storage facilities at market hubs, including storage facilities in and around Mont Belvieu, Texas, Conway, Kansas, and any future market hubs of significant regional scope; and (B) weekly data to separately account for non-fuel propylene and propane for PADD 3 and other regions if the Administrator determines that inclusion of the nonfuel propylene supply data significantly distorts propane supply and pricing data, and the Administrator determines it is feasible to collect separate data on nonfuel propylene and propane; and (2) propane markets, including pricing data for residential customers in States that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the Energy Information Administration. (b) Biannual working and net available storage capacity report The Administrator shall publish data on— (1) storage at— (A) major market centers, including the regions around Conway, Kansas and Mont Belvieu, Texas; and (B) to the extent practicable based on existing surveys and consistent with confidentiality requirements, the regions reported in the weekly and monthly inventory data under subsection (a); and (2) pipeline fill requirements and pipeline operational storage capacity. (c) Wood pilot The Administrator shall work with the States participating in SHOPP to develop a program comparable to SHOPP to collect data on wood pellets, firewood, and other biomass. 4. Coordinated response to emergencies (a) In general The Secretary shall lead Federal and State emergency response efforts with respect to propane supply emergencies in any State or region of the United States that are characterized, as determined by the Secretary, by— (1) sudden increases in consumer prices for propane; or (2) propane supply shortages that threaten public safety or livestock safety. (b) Duties In carrying out subsection (a), the Secretary shall— (1) establish criteria to determine when an emergency response action would be triggered; (2) establish a system for forecasting and tracking the availability of propane, with an emphasis on predicting supply shortages; (3) establish a system for alerting other Federal agencies, States, industry groups, and appropriate stakeholders of the crisis— (A) before an emergency; and (B) when the Secretary determines that an emergency has occurred; (4) establish a plan for coordinated response to an emergency by Federal and State agencies; and (5) establish criteria to determine when the emergency has ended. (c) Actions An emergency response carried out under this section may include— (1) actions to protect consumers from unfair pricing; (2) actions to expedite the distribution of propane through available transportation modes, including provisions— (A) to exempt motor carriers of propane from hours-of-service restrictions; (B) to prioritize propane shipments by rail; and (C) to prioritize propane shipments over other shipments in batched pipelines; (3) expedited release of energy assistance funds; and (4) other actions to relieve price spikes and supply shortages. (d) Effect Nothing in this section limits any existing authority of any Federal agency. 5. Definition of consumer propane prices (a) Functions of Propane Education and Research Council Section 5(f) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6404(f) to train propane distributors and consumers in strategies to mitigate negative effects of future propane price spikes, to enhance consumer and employee safety and training, (b) Market survey and consumer protection price analysis Section 9(a) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6408(a) only data provided by the Energy Information Administration the refiner price to end users of consumer grade propane, as published by the Energy Information Administration 6. Regional propane reserve (a) Study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to determine the effectiveness and feasibility of establishing 1 or more propane storage facilities, to be operated separately from the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. (b) Plan Following completion of the study under subsection (a), the Secretary may submit to Congress and the President a plan describing— (1) the proposed acquisition of storage and related facilities or storage services for, including— (A) the potential use of storage facilities not currently in use; and (B) a determination of the combination of primary, secondary, and tertiary storage facilities that will be used; (2) the proposed acquisition of propane for storage; (3) the proposed methods of disposition of propane; (4) the estimated costs of establishment, maintenance, and operation; (5) the efforts the Secretary will make— (A) to minimize any potential need for future drawdowns; and (B) to ensure that distributors and importers are not discouraged from maintaining and increasing supplies of propane; (6) the proposed actions to ensure the quality of the propane; and (7) the proposed accounts and funding structures required for acquisition of propane and propane storage facilities. 7. Storage facility loans for propane storage Section 1614(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8789(a) , including facilities for propane that is used for drying and heating 8. Study of jurisdiction Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete a study of facilities appurtenant to propane pipelines (such as terminals and storage facilities) that are not subject to the jurisdiction of the Commission (as of the date on which the study commences) to determine— (1) whether the nonjurisdictional nature of the facilities is injurious to shippers or consumers; and (2) (A) whether the facilities can be placed under the jurisdiction of the Commission; or (B) if not, whether changes in law to place the facilities under the jurisdiction of the Commission are in the public interest. | Propane Supply and Security Act of 2014 |
American Livestock Protection and Ranching Opportunity Act of 2014 - Expresses the sense of Congress that: the majority of consumers in the United States want to know where animals used to produce the meat eaten are born, raised, and slaughtered; country-of-origin labeling provides information that consumers have a right to know; and country-of-origin labeling facilitates supply chain information critical for food safety. Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture (USDA) from allowing or advancing regulations that allow the importation of fresh meat and meat products from a country until the Secretary certifies to Congress that a country is free of foot-and-mouth disease without vaccination. Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a USDA livestock disease initiative to provide competitive grants for research and development related to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety. Makes federal agencies, national laboratories, institutions of higher education, research institutions, and state agricultural experiment stations eligible for grants. Amends the Agricultural Act of 2014 to provide eligible livestock producers with assistance for losses due to brucellosis and to alter the payment rates USDA uses to provide agricultural disaster assistance under the Livestock Indemnity Program and the Livestock Forage Disaster Program. | 113 S2764 IS: American Livestock Protection and Ranching Opportunity Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2764 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Walsh Committee on Agriculture, Nutrition, and Forestry A BILL To support country-of-origin labeling, ban imports of fresh meat and meat food products from countries with foot-and-mouth disease, reform certain livestock programs, and for other purposes. 1. Short title This Act may be cited as the American Livestock Protection and Ranching Opportunity Act of 2014 2. Sense of Congress regarding country of origin labeling It is the sense of Congress that— (1) the overwhelming majority of consumers in the United States want to know where animals used to produce the meat eaten by the consumers is born, raised, and slaughtered; (2) country-of-origin labeling provides information that consumers in the United States have a right to know; and (3) country-of-origin labeling facilitates supply chain information critical for food safety. 3. Prohibition on importation of fresh meat and meat products from countries with foot-and-mouth disease Section 10404 of the Animal Health Protection Act ( 7 U.S.C. 8303 (d) Prohibition on importation of fresh meat and meat products from countries with foot-and-Mouth disease Notwithstanding any other provision of law, until the date on which the Secretary of Agriculture certifies to Congress that a country is free of foot-and-mouth disease without vaccination, the Secretary may not— (1) allow the importation of fresh meat or meat products from that country; or (2) initiate, administer, finalize, or enforce any rulemaking allowing for the new importation of any fresh meat or meat product from that country. . 4. Brucellosis research and compensation (a) Livestock disease initiative Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after the title heading the following: 401. Livestock disease initiative (a) In general There is established in the Department a livestock disease initiative under which the Secretary shall provide to eligible entities competitive grants for research and development described in subsection (d). (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be— (1) a Federal agency; (2) a National Laboratory; (3) an institution of higher education; (4) a research institution; or (5) a State agricultural experiment station. (c) Priority In awarding grants under this section, the Secretary shall give priority to research and development relating to bovine brucellosis, bovine tuberculosis, and other zoonotic diseases in livestock that are covered by a high-priority research and extension initiative authorized under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 (d) Use of grants An entity that receives a grant under this section shall use the grant to conduct research and development relating to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety, as determined by the Secretary. (e) Matching funds (1) In general In awarding grants under this section, the Secretary may give priority to proposals from eligible entities that provide matching funds for the grants in a manner as determined by the Secretary, but shall not require eligible entities to have matching funds as a requirement of being awarded a grant. (2) Exemption The matching funds requirement under section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3371 (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2018. . (b) Assistance for losses due to brucellosis Section 1501(c) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c) (1) in paragraph (1)(A), by inserting or brucellosis fire condition (2) in paragraph (2)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking the period at the end and inserting ; or (C) by adding at the end the following: (C) brucellosis, as described in paragraph (6). ; and (3) by adding at the end the following: (6) Assistance for losses due to brucellosis (A) In general An eligible livestock producer may receive assistance under this paragraph only if the grazing losses occur due to quarantine of livestock under section 10407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8306 (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 60 percent of the monthly feed cost (as determined under paragraph (3)(C)) for the total number of livestock of the eligible livestock producer subject to quarantine. . 5. Livestock indemnity payments Section 1501(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(b) (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the higher of, as determined by the Secretary— (A) the market value of the applicable livestock on the earliest day that information is available to the Secretary; or (B) the applicable nationwide price of the applicable livestock for the previous calendar year. . 6. Livestock forage disaster program Section 1501(c)(3)(C) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3)(C) (iv) High-value forage The Secretary may provide for a price adjustment in the monthly feed cost in the case of high-value forage, as determined by the Secretary. . | American Livestock Protection and Ranching Opportunity Act of 2014 |
SBIC Advisers Relief Act of 2014 - Amends the Investment Advisers Act of 1940 to exempt specified advisers of small business investment companies (SBICs) from certain: (1) Securities and Exchange Commission (SEC) registration requirements with respect to the provision of investment advice relating to venture capital funds, and (2) SEC registration and reporting requirements with respect to assets under management of private funds. Provides the same exemption with respect to any state or local law requiring the registration, licensing, or qualifications of investment advisers. | 113 S2765 IS: SBIC Advisers Relief Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2765 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Kirk Mr. Manchin Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Advisers Act of 1940 to prevent duplicative regulation of advisers of small business investment companies. 1. Short title This Act may be cited as the SBIC Advisers Relief Act of 2014 2. Advisers of SBICs and venture capital funds Section 203(l) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(l) (1) by striking No investment adviser (1) In general No investment adviser ; and (2) by adding at the end the following: (2) Advisers of SBICs For purposes of this subsection, a venture capital fund includes an entity described in subparagraph (A), (B), or (C) of subsection (b)(7) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53)). . 3. Advisers of SBICs and private funds Section 203(m) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(m) (3) Advisers of SBICs For purposes of this subsection, the assets under management of a private fund that is an entity described in subparagraph (A), (B), or (C) of subsection (b)(7) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–53 . 4. Relationship to State law Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is amended— (1) in subparagraph (A), by striking or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) that is not registered under section 203 because that person is exempt from registration as provided in subsection (b)(7) of such section, or is a supervised person of such person. . | SBIC Advisers Relief Act of 2014 |
Palestinian and United Nations Anti-Terrorism Act of 2014 - States that it shall be U.S. policy to: (1) deny U.S. assistance to any entity or international organization that collaborates with Hamas until Hamas agrees to recognize Israel, renounces violence, disarms, and accepts prior Israeli-Palestinian agreements; (2) seek a negotiated settlement only if Hamas and any U.S.-designated terrorist groups are required to disarm entirely; and (3) provide security assistance to Israel. Considers any power-sharing government, including the current government, formed in connection with the April 23, 2014, agreement between the Palestinian Liberation Organization (PLO) and Hamas to be a "Hamas-controlled Palestinian Authority (PA)" and thus subject to specified restrictions under the Foreign Assistance Act of 1961. States that until the Secretary of State certifies to Congress that the United Nations Human Rights Council (UNHRC)'s agenda does not include a permanent item related to Israel or the Palestinian territories: (1) the U.S. contribution to the regular budget of the United Nations (U.N.) shall be reduced by a specified amount, (2) the Secretary shall not make a voluntary contribution to UNHRC, and (3) the United States shall not run for an UNHRC seat. Amends the Foreign Assistance Act of 1961 to prohibit U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for programs in the West Bank and Gaza until the Secretary certifies to Congress that: no official, employee, consultant, or affiliate of UNRWA is a member of Hamas or any U.S.-designated terrorist group, or has propagated or incited anti-Israel or anti-Semitic rhetoric; no UNRWA facility or resource is being used by Hamas or an affiliated group for any purpose; UNRWA is subject to audits by an internationally recognized third party auditing firm and has implemented an oversight system to prevent the use of UNRWA resources by Hamas or any U.S.-designated terrorist group; and no recipient of UNRWA funds or loans is a member of Hamas or any U.S.-designated terrorist group. Authorizes the equivalent amount of all U.S. contributions withheld from the PA, UNHRC, and UNRWA under this Act to be provided to Israel for Iron Dome and other missile defense systems and for underground warfare training and technology. | 113 S2766 IS: Palestinian and United Nations Anti-Terrorism Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2766 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Rubio Committee on Foreign Relations A BILL To combat terrorism and promote reform in the Palestinian Authority and the United Nations, and for other purposes. 1. Short title This Act may be cited as the Palestinian and United Nations Anti-Terrorism Act of 2014 2. Findings Congress makes the following findings: (1) On April 23, 2014, representatives of the Palestinian Liberation Organization and Hamas, a designated terrorist organization, signed an agreement to form a government of national consensus. (2) On June 2, 2014, Palestinian President Mahmoud Abbas announced a unity government as a result of the April 23, 2014, agreement. (3) United States law requires that any Palestinian government that includes Hamas as a member undue influence (4) The President has taken the position that the current Palestinian government does not include members of Hamas or is influenced by Hamas and has thus not made the certifications required under current law. (5) The leadership of the Palestinian Authority has failed to completely denounce and distance itself from Hamas’ campaign of terrorism against Israel. (6) President Abbas has refused to dissolve the power-sharing agreement with Hamas even as more than 2,300 rockets have targeted Israel since July 2, 2014. (7) President Abbas and other Palestinian Authority officials have failed to condemn Hamas’ extensive use of the Palestinian people as human shields. (8) The Israeli Defense Forces have gone to unprecedented lengths for a modern military to limit civilian casualties. (9) On July 23, 2014, the United Nations Human Rights Council adopted a one-sided resolution criticizing Israel’s ongoing military operations in Gaza. (10) The United Nations Human Rights Council has a long history of taking anti-Israel actions while ignoring the widespread and egregious human rights violations of many other countries, including some of its own members. (11) On July 16, 2014, officials of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) discovered 20 rockets in one of the organization’s schools in Gaza, before returning the weapons to local Palestinian officials rather than dismantling them. (12) On multiple occasions during the conflict in Gaza, Hamas has used the facilities and the areas surrounding UNRWA locations to store weapons, harbor their fighters, and conduct attacks. 3. Declaration of policy It shall be the policy of the United States— (1) to deny United States assistance to any entity or international organization that harbors or collaborates with Hamas, a designated terrorist organization, until Hamas agrees to recognize Israel, renounces violence, disarms, and accepts prior Israeli-Palestinian agreements; (2) to seek a negotiated settlement of this conflict only under the condition that Hamas and any United States-designated terrorist groups are required to entirely disarm; and (3) to continue to provide security assistance to the Government of Israel to assist its efforts to defend its territory and people from rockets, missiles, and other threats. 4. Restrictions on aid to the Palestinian Authority For purposes of section 620K of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378b Hamas-controlled Palestinian Authority 5. Reform of United Nations Human Rights Council (a) In general Until the Secretary of State submits to the appropriate congressional committees a certification that the requirements described in subsection (b) have been satisfied— (1) the United States contribution to the regular budget of the United Nations shall be reduced by an amount equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council or any of its Special Procedures; (2) the Secretary shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification The annual certification referred to in subsection (a) is a certification made by the Secretary of State to Congress that the United Nations Human Rights Council’s agenda does not include a permanent item related to the State of Israel or the Palestinian territories. (c) Reversion of funds Funds appropriated and available for a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and the United States Government shall not consider them arrears to be repaid to any United Nations entity. 6. United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) Section 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221(c) (c) Palestine refugees; considerations and conditions for furnishing assistance (1) In general No contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for programs in the West Bank and Gaza, a successor entity or any related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity for programs in the West Bank and Gaza, may be provided until the Secretary certifies to the appropriate congressional committees that— (A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA— (i) is a member of Hamas or any United States-designated terrorist group; or (ii) has propagated, disseminated, or incited anti-Israel, or anti-Semitic rhetoric or propaganda; (B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by Hamas or an affiliated group for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by Hamas or any United States-designated terrorist group, or their members; and (D) no recipient of UNRWA funds or loans is a member of Hamas or any United States-designated terrorist group. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives. . 7. Israeli security assistance The equivalent amount of all United States contributions withheld from the Palestinian Authority, the United Nations Human Rights Council, and the United Nations Relief and Works Agency for Palestine Refugees in the Near East under this Act is authorized to be provided to— (1) the Government of Israel for the Iron Dome missile defense system and other missile defense programs; and (2) underground warfare training and technology and assistance to identify and deter tunneling from Palestinian-controlled territories into Israel. | Palestinian and United Nations Anti-Terrorism Act of 2014 |
Combating Fraudulent Child Transfers Act - Amends federal criminal law to make it unlawful for a person to obtain custody of an unaccompanied alien child if the person: (1) makes any materially false or fraudulent statement, or knowingly makes or uses any false writing or document; and (2) intends to subject the child to an offense relating to peonage, slavery, or trafficking in persons. Subjects any person who violates or attempts or conspires to violate such provision to a fine and imprisonment of up to 15 years. | 113 S2767 IS: Combating Fraudulent Child Transfers Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2767 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Kirk Committee on the Judiciary A BILL To prohibit the fraudulent transfer of custody of unaccompanied alien children. 1. Short title This Act may be cited as the Combating Fraudulent Child Transfers Act 2. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general Chapter 47 1041. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 8 U.S.C. 279(g) (1) (A) makes any materially false, fictitious, or fraudulent statement or representation; or (B) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; and (2) intends to subject the child to an offense under chapter 77 of this title (relating to peonage, slavery, and trafficking in persons). (b) Penalty Any person who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned for not more than 15 years. . (b) Clerical amendment The table of sections for chapter 47 1041. Fraud in connection with the transfer of custody of unaccompanied alien children. . | Combating Fraudulent Child Transfers Act |
Emergency Fuel Reduction Act of 2014 - Amends the Healthy Forests Restoration Act of 2003 to categorically exclude an authorized hazardous fuel reduction project from the environmental review requirements of the National Environmental Policy Act of 1969 (NEPA) if the project: involves the removal of insect-infested trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels near certain infrastructure; is intended to treat 10,000 acres or less of public land or National Forest System land that contains threatened and endangered species habitat, or provides conservation benefits to a state-listed species, a special concern species, or candidates for a listing under the Endangered Species Act of 1973; or is proposed to be conducted on federal land that is adjacent to non-federal land and on which conditions are determined to pose a risk to the non-federal land, or is recommended in a community wildfire protection plan if certain conditions are met. Excludes from treatment under this Act land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal law, or (3) that is within a national monument. | 113 S2768 IS: Emergency Fuel Reduction Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2768 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Heller Mr. Crapo Mr. Risch Mr. Barrasso Mr. Hatch Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to expand the use of categorical exclusions for hazardous fuel reduction projects. 1. Short title This Act may be cited as the Emergency Fuel Reduction Act of 2014 2. Purposes The purposes of this Act are— (1) to expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk Federal land adjacent to communities, private property, and critical infrastructure; (2) to improve forest and wildland health; and (3) to promote the recovery of threatened and endangered species, or other species under consideration for listing under the Endangered Species Act of 1973 3. Expedited review of projects on Federal land Section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; (2) in subsection (c)(1)(C)(i), by striking subsection (f) subsection (g) (3) by inserting after subsection (d) the following: (e) Categorical exclusion of certain projects (1) Definition of adjacent Federal land In this subsection, the term adjacent Federal land (A) that, while not located in the wildland-urban interface, is located within not more than 2 miles of non-Federal land; and (B) on which the Secretary determines that conditions, such as the risk of wildfire, an insect or disease epidemic, or the presence of invasive species, pose a risk to the adjacent non-Federal land. (2) Categorical exclusion of certain projects (A) In general An authorized hazardous fuel reduction project shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (i) involves the removal of insect-infected trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels within 500 feet of utility or communications infrastructure, a municipal water supply system, campground, roadside, heritage site, recreation site, school, or other infrastructure; (ii) is intended to treat 10,000 acres or less of public land or National Forest System land that— (I) contains threatened and endangered species habitat; or (II) provides conservation benefits to species that are not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 16 U.S.C. 1531 et seq. (iii) is proposed to be conducted on adjacent Federal land or is recommended in a community wildfire protection plan if— (I) the Secretary determines that the project is consistent with the applicable resource management plan; and (II) the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures established pursuant to section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). (B) Consultation In determining whether an area contains trees or other hazardous fuels described in clause (i), the Secretary shall consult with any utility or other entity that manages the area. (C) Priority for certain projects In providing categorical exclusions under subparagraph (A), the Secretary shall give priority to authorized hazardous fuel reduction projects and other projects recommended in a community wildfire protection plan. (D) Exclusions National Forest System land or public land eligible for treatment under this subsection shall not include land— (i) that is a component of the National Wilderness Preservation System; (ii) on which the removal of vegetation is specifically prohibited by Federal law; or (iii) that is within a National Monument as of the date of the enactment of the Emergency Fuel Reduction Act of 2014 . | Emergency Fuel Reduction Act of 2014 |
Open Book on Equal Access to Justice Act - Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to submit to Congress and make publicly available on an Internet website an annual report on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires such reports to describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Directs the Chairman to create and maintain a searchable database on an Internet website containing specified information with respect to each award, including: if available, the case name and number of, as well as a hyperlink to, any case in which the party other than the agency is not an individual; the name of the agency involved; for an award to an individual, a statement that excludes any personally identifiable information but indicates that the award was made to an individual; for an award made to a party other than an individual, the name of the party; the amount of the award; and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency (including, with respect to court cases, the Attorney General [DOJ] and the Director of the Administrative Office of the United States Courts) to provide the Chairman all information requested to produce such reports. | 113 S2770 IS: Open Book on Equal Access to Justice Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2770 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Walsh Committee on the Judiciary A BILL To amend titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party, and for other purposes. 1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act 2. Modification of equal access to justice provisions (a) Agency proceedings Section 504 (1) in subsection (c)(1), by striking , United States Code (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: (e) (1) Not later than March 31 of the first calendar year beginning after the date of enactment of the Open Book on Equal Access to Justice Act (2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (3) (A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. (f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain a searchable database on an Internet Web site containing the following information with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Open Book on Equal Access to Justice Act (1) The case name and number of the adversary adjudication, if available, hyperlinked to the case (if available) in any case in which the party other than the agency is not an individual. (2) The name of the agency involved in the adversary adjudication. (3) A description of the claims in the adversary adjudication. (4) For an award made to an individual, a statement indicating that the award was made to an individual that shall not include any personally identifiable information. (5) For an award made to a party other than an individual, the name of the party. (6) The amount of the award. (7) The basis for the finding that the position of the agency concerned was not substantially justified. (g) The searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order. (h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g). . (b) Court cases Section 2412(d) (5) (A) Not later than March 31 of the first calendar year beginning after the date of enactment of the Open Book on Equal Access to Justice Act (B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. (C) (i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provisions in a settlement agreement. (D) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report— (i) any amounts paid under section 1304 (ii) the amount of the award of fees and other expenses; and (iii) the statute under which the plaintiff filed suit. (6) The Chairman of the Administrative Conference of the United States shall create and maintain a searchable database on an Internet Web site containing the following information with respect to each award of fees and other expenses under this subsection: (A) The case name and number, hyperlinked to the case (if available) in any case in which the party other than the agency is not an individual. (B) The name of the agency involved in the case. (C) For an award made to an individual, a statement indicating that the award was made to an individual that shall not include any personally identifiable information. (D) For an award made to a party other than an individual, the name of the party. (E) The amount of the award. (F) The basis for the finding that the position of the agency concerned was not substantially justified. (7) The searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. (8) The head of each agency, including the Attorney General and the Director of the Administrative Office of the United States Courts, shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7). . (c) Technical amendments Section 2412 (1) in subsection (d)(3), by striking United States Code, (2) in subsection (e)— (A) by striking of section 2412 of this section (B) by striking of such title | Open Book on Equal Access to Justice Act |
Water in the 21st Century Act or W21 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services. Requires the EPA to identify other voluntary approaches to encourage recycling and reuse technologies to improve water efficiency or lower water use and to implement those approaches, if appropriate. Establishes a State Residential Water Efficiency and Conservation Incentives Program to provide financial incentives for consumers to purchase and install products, buildings, landscapes, facilities, processes, and services labeled under the WaterSense program. Requires the EPA to make grants to owners or operators of water systems to address, mitigate, and adapt to any ongoing or forecasted impact of climate change on a region's water quality or quantity. Authorizes the Department of the Interior to provide financial assistance for water recycling, water infrastructure, enhanced energy efficiency in water systems, desalination projects, permanent water storage, and integrated water management in specified states. Authorizes the transfer of title to nonfederal entities of reclamation projects in need of rehabilitation that are authorized before enactment of this Act under certain conditions. Requires the U.S. Geological Survey (USGS) to establish an open water data system. Reauthorizes the Water Resources Research Act of 1984 and the Water Desalination Act of 1996 through FY2020. Requires the U.S. Army Corps of Engineers, after receiving a request from a nonfederal sponsor, to review the operation of a reservoir and update the water control manual to incorporate improved weather and runoff forecasting methods, if appropriate. Directs the EPA to develop voluntary national drought resilience guidelines relating to preparedness planning and investments for water users and providers. Requires the U.S. Fish and Wildlife Service to prepare a salmon drought plan for California. | 113 S2771 IS: Water in the 21st Century Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2771 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mrs. Boxer Mrs. Feinstein Committee on Environment and Public Works A BILL To establish a WaterSense program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Water in the 21st Century Act W21 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Administrator. TITLE I—Conservation and efficiency Sec. 101. Water efficiency, conservation, and adaptation. TITLE II—Recycling, storage, and integrated water management Sec. 201. Definitions. Subtitle A—Innovative financing Sec. 211. Purposes. Sec. 212. Authority to provide assistance. Sec. 213. Applications. Sec. 214. Eligibility for assistance. Sec. 215. Determination of eligibility and project selection. Sec. 216. Secured loans. Sec. 217. Program administration. Sec. 218. State and local permits. Sec. 219. Regulations. Sec. 220. Funding. Sec. 221. Report to Congress. Subtitle B—Integrated regional water management, reclamation, and recycling projects Sec. 231. Water storage projects. Sec. 232. Authorization of appropriations. Subtitle C—Title transfers Sec. 241. Authorization to transfer title. TITLE III—Innovation through research, data, and technology Sec. 301. Open water data system. Sec. 302. Water Resources Research Act amendments. Sec. 303. Reauthorization of Water Desalination Act of 1996. Sec. 304. Review of reservoir operations. TITLE IV—Drought preparedness and resilience Sec. 401. National drought resilience guidelines. Sec. 402. Drought preparedness for fisheries. 2. Definition of Administrator In this Act, the term Administrator I Conservation and efficiency 101. Water efficiency, conservation, and adaptation (a) WaterSense (1) In general There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services so as— (A) to reduce water use; (B) to reduce the strain on water, wastewater, and stormwater infrastructure; (C) to conserve energy used to pump, heat, transport, and treat water; and (D) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. (2) Duties The Administrator shall— (A) establish— (i) a WaterSense label to be used for certain items; and (ii) the procedure by which an item may be certified to display the WaterSense label; (B) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the marketplace as the preferred technologies and services for— (i) reducing water use; and (ii) ensuring product and service performance; (C) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; (D) preserve the integrity of the WaterSense label by— (i) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; (ii) overseeing WaterSense certifications made by third parties; (iii) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and (iv) carrying out such other measures as the Administrator determines to be appropriate; (E) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 6 years; (F) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually; (G) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion; (H) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with— (i) an explanation of the changes; and (ii) as appropriate, responses to comments submitted by interested parties and the public; (I) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; (J) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and (K) if appropriate, authorize the WaterSense label for use on products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy. (3) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) $5,000,000 for fiscal year 2015; (B) $10,000,000 for fiscal year 2016; (C) $15,000,000 for fiscal year 2017; (D) $20,000,000 for fiscal year 2018; and (E) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (b) State residential water efficiency and conservation incentives program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (B) Incentive program The term incentive program (C) Residential water-efficient product, building, landscape, process, or service (i) In general The term residential water-efficient product, building, landscape, process, or service (I) by the WaterSense program; or (II) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator. (ii) Inclusions The term residential water-efficient product, building, landscape, process, or service (I) faucets; (II) irrigation technologies and services; (III) point-of-use water treatment devices; (IV) reuse and recycling technologies; (V) toilets; (VI) clothes washers; (VII) dishwashers; (VIII) showerheads; (IX) xeriscaping and other landscape conversions that replace irrigated turf; (X) new water efficient homes certified under the WaterSense program; (XI) green stormwater installations such as permeable pavement, rain gardens, rain barrels, and green roofs; (XII) composting solutions complementary to water use and water quality; and (XIII) other water-efficient products, services, processes, or behavioral water efficiency solutions that address the objectives of the WaterSense program. (D) WaterSense program The term WaterSense program (2) Eligible entities An entity shall be eligible to receive an allocation under paragraph (3) if the entity— (A) establishes (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services; (B) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (C) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, non-Federal funds made available to carry out the incentive program. (3) Amount of allocations For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out paragraph (4), taking into consideration— (A) the population served by the eligible entity during the most recent calendar year for which data are available; (B) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (C) for existing programs, the effectiveness of the program in encouraging the adoption of water-efficient products, buildings, landscapes, facilities, processes, and services; (D) any allocation to the eligible entity for a preceding fiscal year that remains unused; and (E) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the availability or reliability of water supplies to the eligible entity. (4) Use of allocated funds Funds allocated to an eligible entity under paragraph (3) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (5) Issuance of incentives (A) In general Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program. (B) Manner of issuance An eligible entity may— (i) issue all financial incentives directly to residential consumers; or (ii) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and nonprofit organizations. (C) Amount The amount of a financial incentive shall be determined by the eligible entity, taking into consideration— (i) the amount of any Federal or State tax incentive available for the purchase of the residential water-efficient product or service; (ii) the amount necessary to change consumer behavior to purchase water-efficient products and services; and (iii) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (6) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this subsection— (A) $100,000,000 for fiscal year 2015; (B) $150,000,000 for fiscal year 2016; (C) $200,000,000 for fiscal year 2017; (D) $150,000,000 for fiscal year 2018; (E) $100,000,000 for fiscal year 2019; and (F) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Water system mitigation and adaptation grants (1) Definitions In this subsection: (A) Owner or operator (i) In general The term owner or operator (ii) Inclusion The term owner or operator (B) Water system The term water system (i) a community water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f (ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (iii) a decentralized wastewater treatment system for domestic sewage; (iv) a groundwater storage and replenishment system; or (v) a system for transport and delivery of water for irrigation or conservation. (2) Grants Beginning in fiscal year 2015, the Administrator shall make grants to owners or operators of water systems to address any ongoing or forecasted (based on the best available research and data) climate-related impact on the water quality or quantity of a region of the United States, for the purposes of mitigating or adapting to the impacts of climate change. (3) Eligible uses In carrying out this subsection, the Administrator shall make grants to assist in the planning, design, construction, implementation, or maintenance of any program or project to increase the resilience of a water system to climate change by— (A) conserving water or enhancing water use efficiency, including through the use of water metering to measure the effectiveness of a water efficiency program; (B) modifying or relocating existing water system infrastructure made or projected to be made inoperable by climate change impacts; (C) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (D) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems; (E) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (F) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (G) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation), or water demand management technologies, projects, or processes (such as water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (H) modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water availability, storage, or conveyance in a manner that— (i) promotes more efficient use of available water supplies; and (ii) does not further exacerbate stresses on ecosystems; (I) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use, including on land currently in agricultural production; (J) conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems; (K) developing and implementing mitigation measures to rapidly address impacts on water systems most susceptible to abrupt climate change, including those in the Colorado River Basin and coastal regions at risk from rising sea levels; or (L) funding of transactions costs and credit enhancement for pay-for-performance-based public-private initiatives intended to advance the eligible uses of the program or project. (4) Application To be eligible to receive a grant from the Administrator under paragraph (2), the owner or operator of a water system shall submit to the Administrator an application that— (A) includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (B) cites the best available research or data that demonstrates— (i) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change, including rising sea levels and changes in precipitation levels; and (ii) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (C) explains how the proposed program, strategy, or infrastructure improvement is expected to enhance the resiliency of the water system, including source water protection for community water systems, to these risks or reduce the direct or indirect greenhouse gas emissions of the water system; and (D) demonstrates that the program, strategy, or infrastructure improvement is— (i) consistent with any approved State and tribal climate adaptation plan; and (ii) not inconsistent with any approved natural resources plan. (5) Competitive process (A) In general Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this subsection. (B) Priority requirements and weighting In carrying out the process, the Administrator shall— (i) prioritize funding of applications that are submitted by the owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (ii) in selecting among the priority applications determined under clause (i), ensure that the final list of applications funded for each year includes a substantial number that, to the maximum extent practicable, includes each eligible use described in paragraph (3); (iii) solicit applications from water systems that are— (I) located in all regions of the United States; and (II) facing varying risks as a result of climate change; and (iv) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (6) Cost sharing (A) Federal share The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under paragraph (2) shall not exceed 50 percent of the cost of the program, strategy, and infrastructure improvement. (B) Calculation of non-Federal share In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under paragraph (4), the Administrator shall— (i) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (ii) not include any other amount that the water system receives from a Federal agency. (7) Labor standards (A) In general All laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this subsection shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (B) Authority and functions With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 (8) Local hiring (A) In general The recipient of assistance may advertise and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract, if— (i) all or part of the construction work performed under the contract occurs in an area that has— (I) a per capita income of 80 percent or less of the national average per capita income; or (II) an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate; (ii) the estimated cost of the project of which the contract is a part is greater than $1,000,000; and (iii) the recipient does not hire individuals who do not have the necessary skills to perform work in the applicable craft or trade, except for individuals who are subject to an apprenticeship program or other training program meeting, as determined by the Secretary. (B) Advertisement In advertising and awarding a contract under this subsection, the Secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not— (i) compromise the quality of the project; (ii) unreasonably delay the completion of the project; or (iii) unreasonably increase the cost of the project. (9) Efficient, integrated procurement for programs jointly funded with the Department of Housing and Urban Development (A) Definition of eligible project In this paragraph, the term eligible project (B) Preferences Notwithstanding the competitive bidding requirements of this section (including regulations), in the case of an eligible project funded jointly with funding provided by the Department of Housing and Urban Development that is covered by section 3 of the Housing and Urban Development Act of 1968 (82 Stat. 846; 12 U.S.C. 1701u), a contracting agency may apply the preferences required for the funding by the Department of Housing and Urban Development under section 3 of that Act (including regulations) with respect to the funding, to the elements of the project funded in any part under this subsection. (C) Permissible restrictions A State or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates, political parties, and holders of public office shall not be considered a violation of this section. (10) Regulations (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate final regulations to carry out this subsection. (B) Special rule for the construction of treatment works In carrying out this paragraph, the Administrator shall incorporate all relevant and appropriate requirements of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) applicable to the construction of treatment works that are carried out under this subsection. (11) Report to Congress Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to Congress a report on progress in implementing this subsection, including information on project applications received and funded annually. (12) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary. II Recycling, storage, and integrated water management 201. Definitions In this title: (1) Eligible entity The term eligible entity (A) a corporation; (B) a partnership; (C) a joint venture; (D) a trust; (E) a Federal, State, or local governmental entity, agency, or instrumentality; and (F) a conservancy district, irrigation district, canal company, mutual water company, water users’ association, Indian tribe, agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law. (2) Federal credit instrument The term Federal credit instrument (3) Investment-grade rating The term investment-grade rating (4) Lender (A) In general The term lender Rule 144A(a) of the Securities and Exchange Commission 15 U.S.C. 77a et seq. (B) Inclusions The term lender (i) a qualified retirement plan (as defined in section 4974 (ii) a governmental plan (as defined in section 414 (5) Loan guarantee The term loan guarantee (6) Obligor The term obligor (7) Project obligation (A) In general The term project obligation (B) Exclusion The term project obligation (8) Rating agency The term rating agency 15 U.S.C. 78c(a) (9) Reclamation State The term Reclamation State (A) Arizona; (B) California; (C) Colorado; (D) Idaho; (E) Kansas; (F) Montana; (G) Nebraska; (H) Nevada; (I) New Mexico; (J) North Dakota; (K) Oklahoma; (L) Oregon; (M) South Dakota; (N) Texas; (O) Utah; (P) Washington; and (Q) Wyoming. (10) Secretary The term Secretary (11) Secured loan The term secured loan (12) Subsidy amount The term subsidy amount 2 U.S.C. 661 et seq. (13) Substantial completion The term substantial completion A Innovative financing 211. Purposes The purposes of this subtitle are— (1) to promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects; (2) to attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources; (3) to complement existing Federal funding sources and address budgetary constraints on Bureau of Reclamation programs; and (4) to leverage private investment in water resources infrastructure. 212. Authority to provide assistance (a) In general The Secretary may provide financial assistance under this subtitle to carry out projects within— (1) any Reclamation State; (2) any other State in which the Bureau of Reclamation is authorized to provide project assistance; and (3) the States of Alaska and Hawaii. (b) Selection In selecting projects to receive financial assistance under subsection (a), the Secretary shall ensure diversity with respect to— (1) project types; and (2) geographical locations. 213. Applications To be eligible to receive assistance under this subtitle, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. 214. Eligibility for assistance (a) Eligible projects The following projects may be carried out using assistance made available under this subtitle: (1) A project for the reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater, and naturally impaired ground and surface waters, which the Secretary, acting through the Commissioner of Reclamation, is authorized to undertake. (2) Any water infrastructure project not specifically authorized by law that— (A) the Secretary determines, through the completion of an appraisal investigation and feasibility study, would contribute to a safe, adequate water supply for domestic, agricultural, environmental, or municipal and industrial use; and (B) is otherwise eligible for assistance under this title. (3) A project for enhanced energy efficiency in the operation of a water system. (4) A project for accelerated repair and replacement of an aging water distribution facility. (5) A brackish or sea water desalination project. (6) Acquisition of real property or an interest in real property for water storage, reclaimed or recycled water, or wastewater, if the acquisition is integral to a project described in paragraphs (1) through (5). (7) A combination of projects, each of which is eligible under paragraphs (1) through (6), for which an eligible entity submits a single application. (b) Activities eligible for assistance For purposes of this subtitle, an eligible activity with respect to an eligible project under subsection (a) includes the cost of— (1) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, transaction costs, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; (3) the acquisition of real property (including water rights, land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; (4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; (5) refinancing interim construction funding, long-term project obligations, or a secured loan, loan guarantee, or other credit enhancement made under this subtitle; (6) reimbursement or success payments to any public or private entity that achieves predetermined outcomes on a pay-for-performance or pay-for-success basis; and (7) grants, loans, or credit enhancement for community development financial institutions, green banks, and other financial intermediaries providing ongoing finance for projects that meet the purposes of this subtitle. 215. Determination of eligibility and project selection (a) Eligibility requirements To be eligible to receive financial assistance under this subtitle, a project shall meet the following criteria, as determined by the Secretary: (1) Creditworthiness (A) In general Subject to subparagraph (B), the project shall be creditworthy, as determined by the Secretary, who shall ensure that any financing for the project has appropriate security features, such as a rate covenant, to ensure repayment. (B) Preliminary rating opinion letter The Secretary shall require each applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that the senior obligations of the project (which may be the Federal credit instrument) have the potential to achieve an investment-grade rating. (2) Eligible project costs The eligible project costs of a project and other projects in a watershed shall be reasonably anticipated to be not less than $10,000,000. (3) Dedicated revenue sources The Federal credit instrument for the project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the project obligations. (4) Public sponsorship of private entities In the case of a project carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project shall be publicly sponsored. (b) Selection criteria (1) Establishment The Secretary shall establish criteria for the selection of projects that meet the eligibility requirements of subsection (a), in accordance with paragraph (2). (2) Criteria The selection criteria shall include the following: (A) The extent to which the project is nationally or regionally significant. (B) The extent to which assistance under this section would foster innovative public-private partnerships and attract private debt or equity investment. (C) The likelihood that assistance under this section would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (D) The extent to which the project uses new or innovative approaches. (E) The extent to which projects track evidence about the effectiveness of the 1 or more projects financed and the availability of the evidence and project information to the public to facilitate replication. (F) The amount of budget authority required to fund the Federal credit instrument made available under this subtitle. (G) The extent to which the project helps maintain or protect the environment. (H) The extent to which the project supports the local economy and provides local jobs. (c) Receipt of other Federal funding Receipt of a Federal grant or contract or other Federal funding to support an eligible project shall not preclude the project from being eligible for assistance under this subtitle. (d) Federal requirements (1) Effect of section Nothing in this section supersedes the applicability of other requirements of Federal law (including regulations). (2) NEPA A Federal action carried out regarding a loan or loan guarantee provided under this subtitle shall not be considered to be a Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 216. Secured loans (a) Agreements (1) In general Subject to paragraphs (2) through (4), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used— (A) to finance eligible project costs of any project selected under section 206; (B) to refinance interim construction financing of eligible project costs of any project selected under section 206; or (C) to refinance long-term project obligations or Federal credit instruments, if that refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— (i) is selected under section 206; or (ii) otherwise meets the requirements of section 206. (2) Limitation on refinancing of interim construction financing A secured loan under paragraph (1) shall not be used to refinance interim construction financing under paragraph (1)(B) later than 1 year after the date of substantial completion of the applicable project. (3) Risk assessment Before entering into an agreement under this subsection for a secured loan, the Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 206(a)(1)(B), shall determine an appropriate capital reserve subsidy amount for the secured loan, taking into account each such preliminary rating opinion letter. (4) Investment-grade rating requirement The execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating. (b) Terms and limitations (1) In general A secured loan provided for a project under this section shall be subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits), as the Secretary determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of— (A) an amount equal to 100 percent of the reasonably anticipated eligible project costs; and (B) if the secured loan does not receive an investment-grade rating, the amount of the senior project obligations of the project. (3) Payment A secured loan under this section— (A) shall be payable, in whole or in part, from State or local taxes, user fees, or other dedicated revenue sources that also secure the senior project obligations of the relevant project; (B) shall include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (C) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate The interest rate on a secured loan under this section shall be not more than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement, as determined by the Secretary. (5) Maturity date The final maturity date of a secured loan under this section shall be not later than 35 years after the date of substantial completion of the relevant project. (6) Nonsubordination A secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor of the project. (7) Fees The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-Federal share The proceeds of a secured loan under this section may be used to pay any non-Federal share of project costs required if the loan is repayable from non-Federal funds. (c) Repayment (1) Schedule The Secretary shall establish a repayment schedule for each secured loan provided under this section, based on the projected cash flow from project revenues and other repayment sources. (2) Commencement Scheduled loan repayment of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3) Deferred payments (A) Authorization If, at any time after the date of substantial completion of a project for which a secured loan is provided under this section, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may allow the obligor, subject to subparagraph (C), to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the secured loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting such criteria as the Secretary may establish. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty. (B) Use of proceeds of refinancing A secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for a project under this section, if the Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section, if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms The terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. 217. Program administration (a) Requirement The Secretary shall establish a uniform system to service the Federal credit instruments made available under this subtitle. (b) Fees The Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover— (1) the costs of services of expert firms retained pursuant to subsection (d); and (2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments provided under this subtitle. (c) Servicer (1) In general The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments provided under this subtitle. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. (d) Assistance from experts The Secretary may retain the services, including counsel, of any organization or entity with expertise in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments provided under this subtitle. (e) Loan coordination; interagency cooperation The Secretary— (1) shall coordinate implementation of loan guarantees under this section with the Administrator to avoid duplication and enhance the effectiveness of implementation of the State revolving funds established under the Federal Water Pollution Control Act (2) shall consult with the Secretary of Agriculture before promulgating criteria with respect to financial appraisal functions and loan guarantee administration for activities carried out under this subtitle; and (3) may enter into a memorandum of agreement providing for Department of Agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subtitle. 218. State and local permits The provision of financial assistance for a project under this subtitle shall not— (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. 219. Regulations The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out this subtitle. 220. Funding (a) In general There is authorized to be appropriated to the Secretary to carry out this subtitle $50,000,000 for each of fiscal years 2015 through 2019, to remain available until expended. (b) Administrative costs Of the funds made available to carry out this subtitle, the Secretary may use for the administration of this subtitle not more than $2,200,000 for each of fiscal years 2015 through 2019. 221. Report to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report summarizing the financial performance and on-the-ground outcomes of the projects that are receiving, or have received, assistance under this subtitle, including an assessment of whether the objectives of this subtitle are being met. B Integrated regional water management, reclamation, and recycling projects 231. Water storage projects (a) Agreements The Secretary may enter into a cost-shared financial assistance agreement with any non-Federal entity in a Reclamation State or the State of Hawaii to carry out the planning, design, and construction of any permanent water storage and conveyance facility used solely to regulate and maximize the water supply arising from a project that is eligible for assistance under this title or any other provision of law— (1) to recycle wastewater, impaired surface water, and ground water; or (2) to use integrated and coordinated water management on a watershed or regional scale. (b) Financial assistance In providing financial assistance under this section, the Secretary shall give priority to storage and conveyance components that— (1) ensure the efficient and beneficial use of water or reuse of the recycled water; (2) make maximum use of natural systems; (3) consistent with Secretarial Order No. 3297, dated February 22, 2010, support sustainable water management practices and the water sustainability objectives of 1 or more offices of the Department of the Interior or any other Federal agency; (4) (A) increase the availability of usable water supplies in a watershed or region to benefit people, the economy, and the environment; and (B) include adaptive measures needed to address climate change and future demands; (5) where practicable— (A) provide flood control or recreation benefits; and (B) include the development of incremental hydroelectric power generation; (6) include partnerships that go beyond political and institutional jurisdictions to support the efficient use of the limited water resources of the United States and the applicable region; (7) generate environmental benefits, such as benefits to fisheries, wildlife and habitat, and water quality and water-dependent ecological systems, as well as water supply benefits to agricultural and urban water users; and (8) the financing of which leverages private and other non-Federal resources. (c) Federal share The Federal share of the cost of a project carried out under subsection (a) shall be— (1) equal to the lesser of— (A) 50 percent of total cost of the project; and (B) $15,000,000, adjusted for inflation; and (2) nonreimbursable. (d) Non-Federal share The non-Federal share of the cost of a project carried out under subsection (a) may include in-kind contributions to the planning, design, and construction of a project. (e) Title and costs A non-Federal entity entering into a financial assistance agreement under this section shall— (1) hold title to all facilities constructed under this section; and (2) be solely responsible for the costs of operating and maintaining those facilities. 232. Authorization of appropriations There is authorized to be appropriated $150,000,000 to carry out this subtitle. C Title transfers 241. Authorization to transfer title The Secretary may transfer to any non-Federal operating entity title to any Reclamation project or facility, or any separable element of such a project or facility, that is authorized before the date of enactment of this Act, if— (1) all previous Federal construction contract obligations or other related repayment contracts or agreements associated with the project have been paid out by a non-Federal project beneficiary; (2) (A) a project facility or separable element of such a facility is in need of rehabilitation or improvement, as determined by the Secretary; and (B) the non-Federal operating entity is otherwise eligible for a loan guarantee under this title; (3) the title transfer meets all applicable Federal laws and regulations, as determined by the Secretary; and (4) (A) the Secretary notifies each congressional committee of jurisdiction of the transfer by not later than 60 days before the date of the transfer; and (B) no objection to the transfer is raised by any such committee. III Innovation through research, data, and technology 301. Open water data system (a) Definitions In this section: (1) Educational institution The term educational institution (A) a public or private elementary or secondary school; (B) an institution of vocational, professional, or higher education (including a junior college or teachers' college); and (C) an association of schools or institutions described in subparagraphs (A) and (B). (2) Indian tribe The term Indian tribe Indian Self-Determination and Education Assistance Act (3) Secretary The term Secretary (4) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (5) System The term system (b) System The Secretary shall establish and maintain an open water data system within the United States Geological Survey to advance the availability, timely distribution, and widespread use of water data and information for water management, education, research, assessment, and monitoring purposes. (c) Purposes The purposes of the system are— (1) to advance the quantification of the availability, use of, and risks to, water resources throughout the United States; (2) to increase accessibility to, and expand the use of, water data and information in a standard, easy-to-use format by Federal, State, local, and tribal governments, communities, educational institutions, and the private sector; and (3) to facilitate the open exchange of water information particularly in the face of climate change and unprecedented drought. (d) Activities In carrying out this section, the Secretary shall— (1) integrate water data and information into a interoperable, national, geospatially referenced water data framework; (2) identify new water data and information needs, including data on surface and groundwater quality and quantity, sediment, erosion, transport, water chemistry, precipitation, reservoir storage, water cycle, landscape variables, hydrography, climate and weather impacts, soil moisture, and human use; (3) leverage existing shared databases, infrastructure, and tools to provide a platform for water data and information innovation, modeling and data sharing, and solution development; (4) support water data and information sharing, applied research, and educational programs of State, local, and tribal governments, communities, educational institutions, and the private sector; and (5) promote cooperation and sharing of expertise regarding water data and information among State, local, and tribal governments, communities, educational institutions, and the private sector. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 302. Water Resources Research Act amendments (a) Congressional findings and declarations Section 102 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10301 (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (2) in paragraph (8) (as so redesignated), by striking and (3) by inserting after paragraph (6) the following: (7) additional research is required to increase the effectiveness and efficiency of new and existing treatment works through alternative approaches, including— (A) nonstructural alternatives; (B) decentralized approaches; (C) water use efficiency and conservation; and (D) actions to reduce energy consumption or extract energy from wastewater; . (b) Water resources research and technology institutes Section 104 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303 (1) in subsection (b)(1)— (A) in subparagraph (B)(ii), by striking water-related phenomena water resources (B) in subparagraph (D), by striking the period at the end and inserting ; and (2) in subsection (c)— (A) by striking From the (1) In general (B) by adding at the end the following: (2) Report Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year. ; (3) by striking subsection (e) and inserting the following: (e) Evaluation of water resources research program (1) In general The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 3 years to determine— (A) the quality and relevance of the water resources research of the institute; (B) the effectiveness of the institute at producing measured results and applied water supply research; and (C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section. (2) Prohibition on further support If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary. ; (4) in subsection (f)(1), by striking $12,000,000 for each of fiscal years 2007 through 2011 $7,500,000 for each of fiscal years 2015 through 2020 (5) in subsection (g)(1), in the first sentence, by striking $6,000,000 for each of fiscal years 2007 through 2011 $1,500,000 for each of fiscal years 2015 through 2020 303. Reauthorization of Water Desalination Act of 1996 Section 8 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 Public Law 104–298 (1) in the first sentence of subsection (a), by striking 2013 2020 (2) in subsection (b), by striking for each of fiscal years 2012 through 2013 for each of fiscal years 2015 through 2020 304. Review of reservoir operations (a) In general Not later than 1 year after receiving a request of a non-Federal sponsor of a reservoir, the Secretary of the Army, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall review the operation of the reservoir, including the water control manual and rule curves, using improved weather forecasts and run-off forecasting methods, including the Advanced Hydrologic Prediction System of the National Weather Service and the Hydrometeorology Testbed program of the National Oceanic and Atmospheric Administration. (b) Description of benefits In conducting the review under subsection (a), the Secretary of the Army shall determine if a change in operations, including the use of improved weather forecasts and run-off forecasting methods, will improve 1 or more of the core functions of the Corps of Engineers, including— (1) reducing risks to human life, public safety, and property; (2) reducing the need for future disaster relief; (3) improving local water storage capability and reliability in coordination with the non-Federal sponsor and other water users; (4) restoring, protecting, or mitigating the impacts of a water resources development project on the environment; and (5) improving fish species habitat or population within the boundaries and downstream of a water resources project. (c) Results reported Not later than 90 days after completion of a review under this section, the Secretary shall submit a report to Congress regarding the results of the review. (d) Manual update As soon as practicable, but not later than 3 years after the date on which a report under subsection (c) is submitted to Congress, pursuant to the procedures required under existing authorities, if the Secretary of the Army determines based on that report that using improved weather and run-off forecasting methods improves 1 or more core functions of the Corps of Engineers at a reservoir, the Secretary of the Army shall— (1) incorporate those methods in the operation of the reservoir; and (2) update the water control manual. IV Drought preparedness and resilience 401. National drought resilience guidelines (a) In general The Administrator, in conjunction with the Secretary of the Interior, the Secretary of Agriculture, the Director of the National Oceanic and Atmospheric Administration, and other appropriate Federal agency heads along with State and local governments, shall develop nonregulatory national drought resilience guidelines relating to drought preparedness planning and investments for communities, water utilities, and other water users and providers. (b) Consultation In developing the national drought resilience guidelines, the Administrator and other Federal agency heads referred to in subsection (a) shall consult with— (1) State and local governments; (2) water utilities; (3) scientists; (4) institutions of higher education; (5) relevant private entities; and (6) other stakeholders. (c) Contents The national drought resilience guidelines developed under this section shall, to the maximum extent practicable, provide recommendations for a period of 10 years that— (1) address a broad range of potential actions, including— (A) analysis of the impacts of climate change and drought on the future effectiveness of water management tools; (B) the identification of drought-related water management challenges in a broad range of fields, including— (i) public health and safety; (ii) municipal and industrial water supply; (iii) agricultural water supply; (iv) water quality; (v) ecosystem health; and (vi) water supply planning; (C) water management tools to reduce drought-related impacts, including— (i) water use efficiency through gallons per capita reduction goals, appliance efficiency standards, water pricing incentives, and other measures; (ii) water recycling; (iii) groundwater clean-up and storage; (iv) new technologies, such as behavioral water efficiency; and (v) stormwater capture and reuse; (D) water-related energy and greenhouse gas reduction strategies; and (E) public education and engagement; and (2) include recommendations relating to the processes that Federal, State, and local governments and water utilities should consider when developing drought resilience preparedness and plans, including— (A) the establishment of planning goals; (B) the evaluation of institutional capacity; (C) the assessment of drought-related risks and vulnerabilities, including the integration of climate-related impacts; (D) the establishment of a development process, including an evaluation of the cost-effectiveness of potential strategies; (E) the inclusion of private entities, technical advisors, and other stakeholders in the development process; (F) implementation and financing issues; and (G) evaluation of the plan, including any updates to the plan. 402. Drought preparedness for fisheries (a) Definitions In this section: (1) Indian tribe The term Indian tribe 25 U.S.C. 450b (2) Qualified tribal government The term qualified tribal government (A) is involved in salmon management and recovery activities under the Endangered Species Act of 1973 (B) has the management and organizational capability to maximize the benefits of assistance provided under this section. (b) Salmon drought plan (1) In general Not later than January 1, 2016, the Director of the United States Fish and Wildlife Service shall, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, and the head of the California Department of Fish and Wildlife, prepare a salmon drought plan for the State of California. (2) Contents The plan developed under paragraph (1) shall— (A) contribute— (i) to the recovery of populations listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) to the goals of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 (B) include options to protect salmon populations originating in the State of California, with a particular focus on actions that can be taken to aid salmon populations in the State of California during the driest 12 years, such as— (i) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (ii) barging hatchery release fish to improve survival and reduce straying; (iii) coordinating with water users, the Commissioner of Reclamation, and the head of the California Department of Water Resources regarding voluntary water transfers to determine if water released upstream to meet the needs of downstream or South-of-Delta water users can be managed in a way that provides additional benefits for salmon; (iv) hatchery management modifications, such as expanding hatchery production during the driest years of fish listed as endangered or threatened under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (v) increasing rescue operations of upstream migrating fish. (c) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Director of the United States Fish and Wildlife Service to carry out this section $3,000,000, to remain available until expended, for urgent fish, stream, and hatchery activities relating to extreme drought conditions, including work carried out in conjunction with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, the head of the California Department of Fish and Wildlife, or a qualified tribal government. (2) Receipt and acceptance The Director of the United States Fish and Wildlife Service shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. | Water in the 21st Century Act |
Boating Capacity Standards Act of 2013 - Directs the Commandant of the Coast Guard to: (1) establish standards for determining the maximum passenger capacity for recreational vessels, expressed in the number of passengers and in pounds; (2) require manufacturers and operators of passenger vessels to permanently display such maximum capacity in a legible manner that is clearly visible to passengers; and (3) require operators to post notice of the need to balance vessel weight to avoid capsizing. Defines a "recreational vehicle" as any vessel that is manufactured or used primarily for pleasure, excluding any vessel that is subject to Coast Guard inspection and engaged in commercial use. | 113 S2774 IS: Boating Capacity Standards Act of 2013 U.S. Senate 2014-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2774 IN THE SENATE OF THE UNITED STATES August 1, 2014 Mr. Schumer Committee on Commerce, Science, and Transportation A BILL To require all recreational vessels to have and to post passenger capacity limits and for other purposes. 1. Short title This Act may be cited as the Boating Capacity Standards Act of 2013 2. Definitions In this Act: (1) Passenger The term passenger (2) Recreational vessel The term recreational vessel (A) means any vessel that is— (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person; and (B) does not include a vessel that— (i) is subject to Coast Guard inspection; and (ii) (I) is engaged in commercial use; or (II) carries paying passengers. 3. Capacity limits for recreational vessels (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall— (1) establish standards for determining the maximum passenger capacity for recreational vessels, which shall be expressed in whole number of passengers and in pounds; (2) require each manufacturer of a passenger vessel to post such maximum passenger capacity on the passenger vessel in accordance with subsection (b); and (3) require each operator of a passenger vessel to ensure that— (A) such maximum passenger capacity is posted in accordance with subsection (b); and (B) notice of the need to balance the weight carried by the vessel to avoid capsizing is posted in accordance with subsection (b). (b) Elements of display The maximum passenger capacity, maximum carrying capacity in pounds, and notice of the need to balance the carried weight for a passenger vessel— (1) shall be permanently displayed in a legible matter; and (2) shall be located so as to be clearly visible to a passenger boarding the passenger vessel. (c) Penalties Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall publish regulations that establish appropriate penalties for a manufacturer of a recreational vessel that does not comply with the requirements under this section. (d) Application The requirements under this section shall apply to any recreational vessel manufactured after the date that is 180 days after the date of the enactment of this Act. | Boating Capacity Standards Act of 2013 |
Ten in Ten Act - Establishes in the Treasury a Carbon Capture and Sequestration Deployment Acceleration Fund to be administered by the Department of Energy for promoting the establishment of at least 10 commercial-scale carbon capture and sequestration units in the next 10 years. (Carbon capture and sequestration is a three-step process: the capture, transport, and underground injection and geologic storage of carbon dioxide.) Includes as eligible projects carbon capture and sequestration units that are designed for: (1) new, retrofitted, or upgraded coal-fired power plants; and (2) certain nonmodular power plants using integrated gasification combined cycle technology. | 113 S2776 IS: Ten in Ten Act U.S. Senate 2014-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2776 IN THE SENATE OF THE UNITED STATES August 1, 2014 Mr. Walsh Committee on Energy and Natural Resources A BILL To establish a Carbon Capture and Sequestration Deployment Acceleration Fund to promote the establishment of not fewer than 10 commercial-scale carbon capture and sequestration units in the United States during the next 10 years, and for other purposes. 1. Short title This Act may be cited as the Ten in Ten Act 2. Carbon Capture and Sequestration Deployment Acceleration Fund (a) Establishment of Fund There is established in the Treasury a fund to be known as the Carbon Capture and Sequestration Deployment Acceleration Fund Fund Secretary (b) Use of Fund (1) In general Of amounts in the Fund, the Secretary may use such sums as are necessary to provide grants or other forms of financial support that— (A) capture carbon dioxide from electric generation units that— (i) generate and sell electric power directly to consumers or for resale; (ii) use coal or petroleum coke for at least 75 percent of the fuel used by the units; and (iii) transport the captured carbon dioxide to a permanent geological storage site in the United States, or to a site on the North American Continent, for use for hydrocarbon recovery; (B) have a useful life of not fewer than 15 years; (C) emphasize modular designs and are capable of generating at least 100 megawatts of electricity output; (D) capture and sequester not less than 65 percent of the total carbon dioxide emissions of the electric generation units; and (E) apply to a diverse mix of coal ranks, generation systems, geographic locations, capture systems, and sequestration characterizations and systems, including saline sequestration, enhanced oil recovery, and other beneficial uses of carbon dioxide. (2) Eligible projects Eligible projects under this paragraph include carbon capture and sequestration units that are designed for— (A) new coal-fired electric generation units; (B) retrofit or upgrade of existing coal-fired electric generation units; and (C) notwithstanding paragraph (1)(C), nonmodular units that are larger than 250 megawatts and designed for integrated gasification combined cycle electric generation units. (c) Transfers to Fund There is transferred into the Fund established by subsection (a) $10,000,000,000 out of any funds in the Treasury not otherwise appropriated. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsections (a) and (b). (e) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2015, the Secretary shall submit a report on the operation of the Fund during the fiscal year to— (A) the Committee on Appropriations of the Senate; (B) the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. | Ten in Ten Act |
Surface Transportation Board Reauthorization Act of 2014 - (Sec. 3) Removes the Surface Transportation Board from the Department of Transportation (DOT) to establish it as an independent U.S. agency. Repeals the requirement that DOT provide administrative support for the Board. Limits the authority of the DOT Inspector General to review Board matters to reviewing only the financial management, property management, and business operations of the Board, including internal accounting and administrative control systems, to determine compliance with federal law, rules, and regulations. Authorizes appropriations for such reviews. (Sec. 4) Increases Board membership from three to five members. Increases from two to three the minimum number of Board members who must have professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation. Increases from one to two the minimum number of Board members who must have professional or business experience (including agriculture or other rail customers) in the private sector. Eliminates the one-year holdover limitation for continuing service by a Board member when a successor is not immediately appointed. (Sec. 5) Authorizes a majority of Board members to hold a meeting not open to the public to discuss official business if: (1) no vote or other disposition of official agency business is taken, (2) each individual present is a Board member or employee, and (3) the Board's General Counsel is present. Requires the Board to disclose topics and participants within two business days of any non-public meeting, unless the discussion relates to an ongoing proceeding, in which case the required disclosure is postponed till the date of the final Board decision. (Sec. 6) Authorizes the Board to investigate rail carrier and pipeline carrier violations on its own initiative as well as on complaint (as under existing law). Allows a proceeding to determine the reasonableness of a rate charged by a carrier, however, to be initiated only upon complaint. (Sec. 7) Requires the Board to maintain: (1) a simplified and expedited method for determining the reasonableness of challenged rail rates in cases where a full stand-alone cost presentation is too costly, given the value of the case; and (2) already established procedures to ensure expeditious handling of challenges to the reasonableness of rail rates. (Sec. 8) Prescribes time limits for Board review of rail rate reasonableness cases, including: 150 days for discovery, 155 days for development of the evidentiary record, 60 days for submission of a closing brief, and 180 days for a final Board decision. Authorizes the Board to extend a timeline after a request from any party or in the interest of due process. (Sec. 9) Requires the Board to initiate an ex parte proceeding on: (1) whether contract proposals for multiple origin-to-destination movements (rate bundling) have adversely impacted Congress's intent that the Board's rate challenge procedures remain available to shippers subject to railroad market dominance, as well as (2) how it can prevent such practices in the future. (Sec. 10) Directs the Board to report to specified congressional committees on: whether current large rate case methodologies are sufficient, not unduly complex, and cost effective; and alternative methodologies that could streamline and expedite large rate cases. (Sec. 11) Requires the Board to establish a voluntary, but binding, arbitration process to resolve rail rate, demurrage, accessorial charges, misrouting or mishandling of rail cars, and disputes involving a common carrier's published rules and practices as applied to particular rail transportation. Excludes from the arbitration process license disputes, industry-wide regulation disputes, or disputes solely between rail carriers. Allows arbitration under the process for rate disputes only if the rail carrier has market dominance. Makes the voluntary arbitration process available to either party after a complaint has been filed or after the conclusion of any informal Board dispute resolution process. Allows parties to seek or use private arbitration services independently as well. Prescribes requirements for arbitration procedures, including specific timelines for arbitrator selection, the evidentiary process, and decision, subject to discretionary extensions. Restricts damage awards to a maximum of: (1) $2 million for common carrier service and practice disputes;and (2) $25 million, including any rate prescription, for rate disputes. Limits any such rate prescription to five years from the date of the arbitral decision. Allows the Board to review an arbitral decision only if a clear abuse of authority or discretion occurred, the decision directly contravenes statute, or the award limitation was violated. (Sec. 12) Requires the Board to: (1) establish a database of rail service complaints it has received, and (2) post a quarterly report of such complaints on its website. (Sec. 13) Requires the Board to make quarterly reports to specified congressional committees on its progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline. (Sec. 14) Expresses the sense of Congress that the Board, as part of Docket No. EP 722, should: consider the costs and benefits of the annual determinations of revenue adequacy for Class I railroads; review the methodology employed to define the business cycle in its determinations and consider, if necessary, a rulemaking to define the business cycle; consider if a rulemaking proceeding on mandatory competitive switching is needed to ensure a viable competitive national rail system; and ensure that if such rulemaking proceeding is needed that it is completed in a timely manner. (Sec. 15) Reauthorizes appropriations for FY2015-FY2019 for the Board. (Sec. 16) Repeals certain expired and obsolete provisions. Allows a rail carrier's agent to be located outside of Washington, DC. (Sec. 17) Declares that nothing in this Act shall be construed to affect any suit commenced by or against the Board, or any proceeding or challenge pending before it, before the enactment of this Act. | 113 S2777 IS: Surface Transportation Board Reauthorization Act of 2014 U.S. Senate 2014-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2777 IN THE SENATE OF THE UNITED STATES September 8, 2014 Mr. Rockefeller Mr. Thune Committee on Commerce, Science, and Transportation A BILL To establish the Surface Transportation Board as an independent establishment, and for other purposes. 1. Short title This Act may be cited as the Surface Transportation Board Reauthorization Act of 2014 2. References to title 49, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 3. Establishment of Surface Transportation Board as an independent establishment (a) In general Section 701(a) is amended to read as follows: (a) Establishment The Surface Transportation Board is an independent establishment of the United States Government. . (b) Conforming amendments (1) Administrative provisions Section 703 is amended— (A) by striking subsections (a), (c), (f), and (g); (B) by redesignating subsections (b), (d), and (e) as subsections (a), (b), and (c), respectively; and (C) by adding at the end the following: (d) Submissions and transmittals Whenever the Board submits or transmits any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for a congressional hearing, or comment on legislation to the President or to the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. No officer or agency of the United States shall have any authority to require the Board to submit its budget estimates or requests, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of the recommendations, testimony, or comments to Congress. . (2) Administrative support (A) Repealer Section 725 is repealed. (B) Conforming amendment The table of contents for chapter 7 is amended by striking the item relating to section 725. 4. Surface Transportation Board membership (a) In general Section 701(b) is amended— (1) in paragraph (1)— (A) by striking 3 members 5 members (B) by striking 2 members 3 members (2) by striking paragraph (2) and inserting the following: (2) At any given time, at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation, and at least 2 members shall be individuals with professional or business experience (including agriculture or other rail customers) in the private sector. . (b) Repeal of holdover limitation Section 701(b)(3) is amended by striking qualified, but for a period not to exceed one year qualified (c) Repeal of obsolete provision Section 701(b) is amended— (1) by striking paragraph (4); (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; and (3) by striking In the case of an individual who becomes a member of the Board pursuant to paragraph (4), or an individual In the case of an individual 5. Nonpublic collaborative discussions Section 703(a), as redesignated by section 3 of this Act, is amended to read as follows: (a) Open meetings (1) In general The Board shall be deemed to be an agency for purposes of section 552b (2) Nonpublic collaborative discussions (A) In general Notwithstanding section 552b (i) no vote or other disposition of official agency business is taken at the meeting; (ii) each individual present at the meeting is a member or an employee of the Board; and (iii) the General Counsel of the Board is present at the meeting. (B) Disclosure of nonpublic collaborative discussions Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public— (i) a list of the individuals present at the meeting; and (ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under section 552b(c) of title 5. (C) Ongoing proceedings If a discussion under subparagraph (A) relates, directly or indirectly, to an ongoing proceeding before the Board, the Board shall make the disclosure under subparagraph (B) on the date of the final Board decision. (D) Preservation of open meetings requirements for agency action Nothing in this paragraph shall limit the applicability of section 552b (E) Statutory construction Nothing in this paragraph— (i) shall limit the applicability of section 552b (ii) authorizes the Board to withhold from any individual any record that is accessible to that individual under section 552a . 6. Investigative authority (a) Authority To initiate investigations Section 11701(a) is amended by striking only on complaint on the Board's own initiative or on complaint (b) Rate proceedings Section 10704(b) is amended by striking the first sentence and inserting The Board may begin a proceeding under subsection (a)(1) on its own initiative or upon complaint, except that a proceeding to determine the reasonableness of the level of a rate charged by a carrier may only be initiated upon complaint. (c) Annual report; investigations Section 704 is amended by striking on its activities. on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV. 7. Procedures for rate cases (a) Simplified procedure Section 10701(d)(3) is amended to read as follows: (3) The Board shall maintain a simplified and expedited method for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case. . (b) Expedited handling Section 10704(d) is amended by striking the first sentence and inserting The Board shall maintain procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates. 8. Rate review timelines Section 10704(d), as amended by section 7 of this Act, is further amended— (1) by striking (d) The (d)(1) The (2) by adding at the end the following: (2) (A) Except as provided under subparagraph (B), in a stand-alone cost rate challenge, the Board shall comply with the following timeline: (i) For discovery, completion not later than 150 days after the date that the challenge is initiated. (ii) For development of the evidentiary record, completion not later than 155 days after the date that discovery is complete under clause (i). (iii) For submission of a closing brief, submission not later than 60 days after the date that development of the evidentiary record is complete under clause (ii). (iv) For a final Board decision, issuance not later than 180 days after the date that the last closing brief is submitted under clause (iii). (B) The Board may extend a timeline under subparagraph (A) after a request from any party or in the interest of due process. . 9. Effect of rate bundling Not later than 180 days after the date of enactment of this Act, the Surface Transportation Board shall initiate an ex parte proceeding on whether contract proposals for multiple origin-to-destination movements have adversely impacted the intent of Congress that the Surface Transportation Board’s rate challenge procedures remain available to shippers that are subject to railroad market dominance, and how the Board can prevent such practices in the future. 10. Report on rate case methodology Not later than 1 year after the date of enactment of this Act, the Surface Transportation Board shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on— (1) whether current methodologies are sufficient to address the complexity of large rate cases; and (2) alternative methodologies that could streamline and expedite large rate cases. 11. Arbitration of certain rail rates, practices, and common carrier service expectation disputes (a) In general Chapter 117 is amended by adding at the end the following: 11709. Arbitration of certain rail rates, practices, and common carrier service disputes (a) In general Not later than 1 year after the date of enactment of the Surface Transportation Board Reauthorization Act of 2014 (b) Covered disputes The binding arbitration process— (1) shall apply to disputes involving rates, practices, and common carrier service expectations subject to the jurisdiction of the Board; and (2) shall not apply to— (A) disputes to obtain the grant, denial, stay, or revocation of any license, authorization, or exemption, or to prescribe for the future any conduct, rules, or results of general, industry-wide applicability, or to enforce a labor protective condition; and (B) disputes solely between 2 or more rail carriers. (c) Arbitration procedures (1) In general The Board— (A) may make the binding arbitration process available only to the relevant parties— (i) after the filing of a formal complaint; or (ii) upon petition by a party at the conclusion of any informal dispute resolution process provided by the Board for a complaint subject to this section; (B) with respect to rate disputes, may make the binding arbitration process available only to the relevant parties if the rail carrier has market dominance, as determined under section 10707 of this title; and (C) shall determine whether to pursue the binding arbitration process not later than 30 days after the date that a petition or formal complaint is filed. (2) Limitation Initiation of the binding arbitration process shall preclude the Board from separately reviewing a complaint or dispute related to the same rail rate, practice, or common carrier service expectation in a covered dispute involving the same parties. (3) Rates In resolving a covered dispute involving the reasonableness of a rail carrier's rates, the arbitrator or panel of arbitrators, as applicable, shall consider the Board's methodologies for setting maximum lawful rates, giving due consideration to the need for differential pricing to permit a rail carrier to collect adequate revenues within the meaning of section 10704(a)(2). (4) Service expectations In resolving a dispute involving common carrier service expectations, the arbitrator or panel of arbitrators, as applicable, shall consider the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d) of section 11101. (d) Arbitration decisions Any decision reached in an arbitration process under this section— (1) shall— (A) be consistent with subtitle IV; (B) be in writing; (C) contain findings of fact and conclusions; and (D) be binding upon the parties; and (2) shall not have any precedential effect in any other or subsequent arbitration dispute. (e) Timelines (1) Selection An arbitrator or panel of arbitrators shall be selected not later than 14 days after the date of the Board's decision to initiate arbitration. (2) Evidentiary process The evidentiary process of the binding arbitration process shall be completed not later than 90 days after the date that the arbitration process is initiated, unless a party requests an extension and the arbitrator or panel of arbitrators, as applicable, grants it. (3) Decision The arbitrator or panel of arbitrators, as applicable, shall issue a decision not later than 30 days after the date that the evidentiary record is closed. (4) Extensions The Board may extend any of the timelines in this subsection upon the agreement of all parties in the dispute. (f) Arbitrators (1) In general Arbitration under this section shall be conducted by an arbitrator, or a panel of arbitrators, selected from a roster, maintained by the Board, of persons with rail transportation, economic regulation, professional or business experience, including agriculture, in the private sector. (2) Selection (A) In general If the parties cannot mutually agree on an arbitrator, or the lead arbitrator of a panel of arbitrators, the parties shall select the arbitrator or lead arbitrator from the roster by alternately striking names from the roster until only 1 name remains. (B) Panel of arbitrators For purposes of this section, a panel of arbitrators shall be selected as follows: (i) Notwithstanding subparagraph (A), each party to a dispute shall select 1 arbitrator from the roster. (ii) The parties to a dispute may mutually select 1 arbitrator from the roster to serve as the lead arbitrator of the panel of arbitrators. (3) Cost The parties shall share the costs of the arbitration equally. (g) Relief An arbitral decision under this section may award the payment of damages or rate prescriptive relief, but the value of the award shall be limited as follows: (1) For common carrier service and practice disputes, the damage award may not exceed $2,000,000. (2) For rate disputes, the damage award, including any rate prescription, may not exceed $25,000,000, and any rate prescription shall be limited to not longer than 5 years from the date of the arbitral decision. (h) Board review If a party appeals a decision under this section to the Board, the Board may review the decision under this section to determine if— (1) the decision is consistent with subtitle IV as applied by the Board; or (2) the award limitation under subsection (g). . (b) Conforming amendment The table of contents for chapter 117 is amended by adding at the end the following: 11709. Arbitration of certain rail rate, practice, and common carrier service disputes. . 12. Compilation of complaints at Surface Transportation Board (a) In general Section 704, as amended by section 6 of this Act, is further amended— (1) by striking the section heading and inserting the following: 704. Reports ; (2) by inserting (a) Annual report The Board (3) by adding at the end the following: (b) Complaints (1) In general The Board shall establish and maintain a database of complaints received by the Board. (2) Quarterly reports The Board shall post a quarterly report of formal and informal service complaints received by the Board during the previous quarter that includes— (A) a list of the type of each complaint; (B) the geographic region of each complaint; and (C) the resolution of each complaint, if appropriate. (3) Written consent The quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant. (4) Website posting Each quarterly report shall be posted on the Board's public website. . (b) Conforming amendment The table of contents for chapter 7 is amended by striking the item relating to section 704 and inserting the following: 704. Reports. . 13. Quarterly reports Not later than 60 days after the date of enactment of this Act, the Surface Transportation Board shall begin providing quarterly reports to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the Surface Transportation Board's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline. 14. Sense of Congress It is the sense of Congress that— (1) as part of Docket No. EP 722, the Surface Transportation Board should consider the costs and benefits of the annual determinations of revenue adequacy for Class I railroads; (2) the Surface Transportation Board should review the methodology employed to define the business cycle in its annual determination of revenue adequacy and consider undertaking, if necessary, a rulemaking to define the business cycle; (3) as part of Docket No. EP 711, the Surface Transportation Board should consider if a rulemaking proceeding on mandatory competitive switching is needed to ensure a viable competitive national rail system; and (4) if the Surface Transportation Board determines a rulemaking proceeding on mandatory competitive switching is needed, the Surface Transportation Board should ensure that such rulemaking is completed in as timely a manner as possible. 15. Authorization of appropriations Section 705 is amended by striking paragraphs (1) through (3) and inserting the following: (1) $33,000,000 for fiscal year 2015; (2) $35,000,000 for fiscal year 2016; (3) $35,500,000 for fiscal year 2017; (4) $35,500,000 for fiscal year 2018; and (5) $36,000,000 for fiscal year 2019. . 16. Repeal of expired and obsolete provisions (a) Expired rail service contract limitation Section 10709 is amended by striking subsection (h). (b) Agent in the District of Columbia (1) Designation of agent and service of notice Section 72 is amended— (A) in subsection (a), by striking in the District of Columbia, (B) in subsection (c), by striking in the District of Columbia (2) Service of process in court proceedings Section 724(a) is amended by striking in the District of Columbia 17. Construction Nothing in this Act shall be construed to affect any suit commenced by or against the Surface Transportation Board, or any proceeding or challenge pending before the Surface Transportation Board, prior to the date of enactment of this Act. | Surface Transportation Board Reauthorization Act of 2014 |
Expatriate Terrorists Act - Amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen: taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; or becoming a member of or providing training or material assistance to any foreign terrorist organization that such person knows or has reason to know will engage in hostilities against the United States, or will commit acts of terror against the United States or U.S. nationals. Adds to the conditions referring to service in the armed forces of a foreign state or a foreign terrorist organization that such armed forces are engaged in hostilities against the United States (as under current law) or intentionally targeting U.S. nationals for acts of terror. Declares that there shall be a loss of nationality by accepting, serving in, or performing the duties of an office, post, or employment under the government of a foreign state or a political subdivision after attaining the age of 18 if the person (under current law, a man) knowingly has or acquires the nationality of such foreign state (while current law does not require a knowing state of mind). Declares also that there shall be a loss of nationality by accepting, serving in, or performing the duties of an office, post, or employment under the government of a foreign state or a political subdivision after attaining the age of 18 which requires an oath, affirmation, or declaration of allegiance to the foreign state or political subdivision. | 113 S2779 PCS: Expatriate Terrorists Act U.S. Senate 2014-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 554 113th CONGRESS 2d Session S. 2779 IN THE SENATE OF THE UNITED STATES September 8, 2014 Mr. Cruz Mr. Grassley September 9, 2014 Read the second time and placed on the calendar A BILL To amend section 349 of the Immigration and Nationality Act to deem specified activities in support of terrorism as renunciation of United States nationality. 1. Short title This Act may be cited as the Expatriate Terrorists Act 2. Loss of nationality due to support of terrorism Section 349(a) of the Immigration and Nationality Act ( 8 U.S.C. 1481(a) (1) in paragraph (1), by striking or (2) in paragraph (2)— (A) by striking or a political subdivision thereof , a political subdivision thereof, or a designated foreign terrorist organization (B) by striking or (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking if or a designated foreign terrorist organization if— (B) in subparagraph (A), by striking , or or intentionally targeting nationals of the United States for acts of terror; or (C) in subparagraph (B), by striking or (4) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; (5) by inserting after paragraph (3) the following: (4) becoming a member of, or providing training or material assistance to, any designated foreign terrorist organization that such person knows, or has reason to know— (A) will engage in hostilities against the United States; or (B) will commit acts of terror against the United States or nationals of the United States; ; (6) in paragraph (5), as redesignated— (A) in subparagraph (A), by striking he the person knowingly (B) in subparagraph (B), by striking allegiance is required; or allegiance to the foreign state or political subdivision is required; (7) in paragraph (6), as redesignated, by striking or September 9, 2014 Read the second time and placed on the calendar | Expatriate Terrorists Act |
Student Visa Integrity Act - Amends the federal criminal code to subject to fine and a 15-year prison term an owner, official, employee, or agent of an educational institution who commits fraud or misuse of visas, permits, and other immigration documents in connection with the institution's participation in the Student and Exchange Visitor Program (SEVP). Directs the Secretary of Homeland Security (DHS) (Secretary) to require academic institutions (other than seminaries or other religious institutions) to be accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation. Authorizes the Secretary to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa requirements and has been a candidate for accreditation for at least one year and continues to progress toward such accreditation. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary to impose a monetary fine and suspend authority to issue a Form I-20 with regard to an institution failing to comply with Student and Exchange Visitor Information System (SEVIS) reporting requirements. Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, another educational institution, or a designated exchange visitor program has committed SEVP-related fraud, to: (1) suspend such certification without prior notification, and (2) suspend such official's or such school's SEVIS access. Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students. Prohibits an individual from serving as a designated school official or from being granted access to SEVIS unless the individual: (1) is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check; and (2) has completed a SEVP and SEVIS training course. Authorizes the Secretary to collect a fee for each such security check. Prohibits any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA). Requires: (1) an accrediting agency or association, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of an institution's accreditation, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from the SEVP and prohibit the school from accessing SEVIS. Directs the Secretary to implement both phases of the second generation SEVIS (SEVIS II) within two years. | 113 S2781 IS: Student Visa Integrity Act U.S. Senate 2014-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2781 IN THE SENATE OF THE UNITED STATES September 9, 2014 Mr. Grassley Mrs. McCaskill Committee on the Judiciary A BILL To improve student and exchange visitor visa programs. 1. Short title This Act may be cited as the Student Visa Integrity Act 2. Definitions In this Act: (1) SEVIS The term SEVIS (2) SEVP The term SEVP 3. Increased criminal penalties Section 1546(a) 10 years 15 years (if the offense was committed by an owner, official, employee, or agent of an educational institution with respect to such institution's participation in the Student and Exchange Visitor Program), 10 years 4. Accreditation requirement Section 101(a)(52) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(52) (52) Except as provided in section 214(m)(4), the term accredited college, university, or language training program . 5. Other academic institutions Section 214(m) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m) (3) The Secretary of Homeland Security shall require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if— (A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); and (B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation. (4) The Secretary of Homeland Security, in the Secretary’s discretion, may waive the accreditation requirement in section 101(a)(15)(F)(i) with respect to an accredited college, university, or language training program if the academic institution— (A) is otherwise in compliance with the requirements of such section; and (B) (i) was, on the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (ii) has been a candidate for accreditation after such date for at least 1 year and continues to progress toward accreditation by an accreditation agency recognized by the Secretary of Education. . 6. Penalties for failure to comply with SEVIS reporting requirements Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 8 U.S.C. 1372 (1) in subsection (c)(1)— (A) by striking institution,, institution, (B) in subparagraph (D), by striking and (2) in subsection (d)(2), by striking fails to provide the specified information (A) impose a monetary fine on such institution in an amount to be determined by the Secretary; and (B) suspend the authority of such institution to issue a Form I–20 to any alien. . 7. Visa fraud (a) Immediate withdrawal of SEVP certification Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 8 U.S.C. 1372(d) (1) in paragraph (1)(A), by striking institution,, institution, (2) by adding at the end the following: (3) Effect of reasonable suspicion of fraud If the Secretary of Homeland Security has reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the Student and Exchange Visitor Program, or if such owner or designated school official is indicted for such fraud, the Secretary may immediately— (A) suspend such certification without prior notification; and (B) suspend such official’s or such school’s access to the Student and Exchange Visitor Information System (referred to in this subsection as SEVIS . (b) Effect of conviction for visa fraud Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (4) Permanent disqualification for fraud A designated school official at, or an owner of, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program who is convicted for fraud relating to any aspect of the Student and Exchange Visitor Program (referred to in this subsection as SEVP . 8. Background checks (a) In general Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 8 U.S.C. 1372(d) (5) Background check requirement (A) In general An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period— (i) the Secretary of Homeland Security has— (I) conducted a thorough background check on the individual, including— (aa) a review of the individual’s criminal and sex offender history; and (bb) the verification of the individual’s immigration status; and (II) determined that the individual— (aa) has passed the background check required under subclause (I); (bb) has not been convicted of any violation of United States immigration law; and (cc) is not a risk to the national security of the United States; and (ii) the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary. (B) Interim designated school official (i) In general An individual may serve as an interim designated school official during the period that the Secretary is conducting the background check required by subparagraph (A)(i)(I). (ii) Reviews by the Secretary If an individual serving as an interim designated school official under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary shall review each Form I–20 issued by such interim designated school official. (6) Fee The Secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph (5)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conduct such background checks. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act. 9. Revocation of authority to issue Form I–20 of flight schools not certified by the Federal Aviation Administration Immediately upon the enactment of this Act, the Secretary shall prohibit any flight school in the United States from accessing SEVIS or issuing a Form I–20 to an alien seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) 10. Revocation of accreditation At the time an accrediting agency or association is required to notify the Secretary of Education and the appropriate State licensing or authorizing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)— (1) such accrediting agency or association shall notify the Secretary of Homeland Security of such determination; and (2) the Secretary of Homeland Security shall immediately withdraw the school from the SEVP and prohibit the school from accessing SEVIS. 11. Report on risk assessment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives 12. Implementation of GAO recommendations Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (1) the process in place to identify and assess risks in the SEVP; (2) a risk assessment process to allocate SEVP’s resources based on risk; (3) the procedures in place for consistently ensuring a school’s eligibility, including consistently verifying in lieu of letters; (4) how SEVP identified and addressed missing school case files; (5) a plan to develop and implement a process to monitor State licensing and accreditation status of all SEVP-certified schools; (6) whether all flight schools that have not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration have been removed from the program and have been restricted from accessing SEVIS; (7) the standard operating procedures that govern coordination among SEVP, the Counterterrorism and Criminal Exploitation Unit, and U.S. Immigration and Customs Enforcement field offices; and (8) the established criteria for referring cases of a potentially criminal nature from SEVP to the counterterrorism and intelligence community. 13. Implementation of SEVIS II Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall complete the deployment of both phases of the second generation Student and Exchange Visitor Information System (commonly known as SEVIS II | Student Visa Integrity Act |
Value Based Insurance Design for Better Care Act of 2014 or the VBID for Better Care Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a three-year demonstration program to test the use of value-based insurance design methodologies under the eligible Medicare plans offered by Medicare Advantage organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act. Defines "value-based insurance design methodology" as one for identifying specific prescription medications, and clinical services reimbursable under Medicare, for which copayments, coinsurance, or both should be reduced or eliminated because of the high-value and effectiveness of these medications and services for specific chronic clinical conditions (as approved by the Secretary). Directs the Secretary to expand the demonstration program to implement, on a permanent basis, those components beneficial to Medicare beneficiaries and the Medicare program, unless a required evaluation of the program states that it: (1) increases expenditures under Medicare with respect to participating beneficiaries, or (2) decreases the quality of health care services furnished to such beneficiaries. | 113 S2783 IS: VBID for Better Care Act of 2014 U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2783 IN THE SENATE OF THE UNITED STATES September 10, 2014 Mr. Thune Ms. Stabenow Committee on Finance A BILL To establish a demonstration program requiring the utilization of Value-Based Insurance Design to demonstrate that reducing the copayments or coinsurance charged to Medicare beneficiaries for selected high-value prescription medications and clinical services can increase their utilization and ultimately improve clinical outcomes and lower health care expenditures. 1. Short title This Act may be cited as the Value Based Insurance Design for Better Care Act of 2014 VBID for Better Care Act of 2014 2. Findings Congress makes the following findings: (1) A growing body of evidence demonstrates that increases in patient-level financial barriers (including deductibles, copayments, and coinsurance) for high-value medical services (such as prescription medications, clinician visits, diagnostic tests, and procedures) systematically reduce their use. Savings attributable to cost-related decreased utilization of specific services may lead to an increase in total medical expenditures due to increased use of other related clinical services, such as hospitalizations and emergency room visits. (2) Empirical research studies demonstrate that reductions in beneficiary out-of-pocket expenses for high-value prescription medications and clinical services can mitigate the adverse health and financial consequences attributable to cost-related decreased utilization of high-value services. (3) Financial barriers to prescription medications and clinical services that are deemed to be high value should be reduced or eliminated to increase their use. (4) Value-Based Insurance Design is a methodology that adjusts patient out-of-pocket costs for prescription medications and clinical services according to the clinical value—not exclusively the cost. Value-Based Insurance Design is based on the concept of clinical nuance that recognizes— (A) prescription medications and clinical services differ in the clinical benefit provided; and (B) the clinical benefit derived from a specific prescription medication or clinical service depends on the clinical situation, the provider, and where the care is delivered. (5) The current one-size-fits-all (6) The establishment by Medicare of copayment and coinsurance requirements using Value-Based Insurance Design methodologies will improve patient-centered health outcomes, enhance personal responsibility, and afford a more efficient use of taxpayer dollars. 3. Demonstration program (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1395w–21 et seq. (b) Demonstration program design (1) Selection of MA region and eligible Medicare Advantage plans The Secretary shall— (A) select at least two MA regions (as defined in section 1858(a)(2) of the Social Security Act (42 U.S.C. 1395w–27a(a)(2))) with respect to which to conduct the demonstration program under this section; and (B) approve eligible Medicare Advantage plans to participate in such demonstration program. (2) Start of demonstration The demonstration program shall begin with respect to the first plan year beginning after the date on which at least two eligible Medicare Advantage plans have been approved by the Secretary in at least one MA region selected under paragraph (1). (3) Eligible Medicare Advantage plans For purposes of this section, the term eligible Medicare Advantage plan (A) The plan is an MA regional plan (as defined in paragraph (4) of section 1859(b) of such Act (42 U.S.C. 1395w–28(b))) or MA local plan (as defined in paragraph (5) of such section) offered in the MA region selected under paragraph (1)(A). (B) The plan has— (i) a quality rating under section 1853(n)(4) of such Act ( 42 U.S.C. 1395w–23(n)(4) (ii) in the case of a specialized MA plan for special needs individuals, as defined in subsection (b)(6)(A) of section 1859(b)(6)(A) of such Act (42 U.S.C. 1395w–28(b)(6)(A)), received a multi-year approval by the National Committee for Quality Assurance under subsection (f)(7) of such section; or (iii) at least 20 percent of the population to whom the plan is offered consists of subsidy eligible individuals (as defined in section 1860D–14(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3)(A) (c) Value-Based insurance design methodologies (1) Definition For purposes of this section, the term value-based insurance design methodology (2) Use of methodologies to reduce copayments and coinsurance A Medicare Advantage organization offering an eligible Medicare Advantage plan selected to participate under the demonstration program, for each plan year for which the plan is so selected and using value-based insurance design methodologies— (A) shall identify each prescription medication and clinical service covered under such plan for which the amount of the copayment or coinsurance should be reduced or eliminated, with respect to the management of specific chronic clinical conditions (as specified by the Secretary) of MA eligible individuals (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3))) enrolled under such plans, for such plan year; and (B) may, for such plan year, reduce or eliminate copayments, coinsurance, or both for such prescription medication and clinical services so identified with respect to the management of such conditions of such individuals— (i) if such reduction or elimination is evidence-based, for the purpose of encouraging such individuals in such plan to use such prescription medications and clinical services (such as preventive care, primary care, specialty visits, diagnostic tests, procedures, and durable medical equipment) with respect to such conditions; and (ii) for the purpose of encouraging such individuals in such plan to use health care providers that such organization has identified with respect to such plan year. (3) Prohibition of increases of copayments and coinsurance In no case may any Medicare Advantage plan participating in the demonstration program increase, for any plan year for which the plan is so participating, the amount of copayments or coinsurance for any item or service covered under such plan for purposes of discouraging the use of such item or service. (d) Report on implementation (1) In general Not later than 1 year after the date on which the demonstration program under this section begins under subsection (b)(2), the Secretary shall submit to Congress a report on the status of the implementation of the demonstration program. (2) Elements The report required by paragraph (1) shall, with respect to eligible Medicare Advantage plans participating in the demonstration program for the first plan year of such program, include the following: (A) A list of each medication and service identified pursuant to subsection (c)(2)(A) for such plan with respect to such plan year. (B) For each such medication or service so identified, the amount of the copayment or coinsurance required under such plan with respect to such plan year for such medication or service and the amount of the reduction of such copayment or coinsurance from the previous plan year. (C) For each provider identified pursuant to subsection (c)(2)(B)(ii) for such plan with respect to such plan year, a statement of the amount of the copayment or coinsurance required under such plan with respect to such plan year and the amount of the reduction of such copayment or coinsurance from the previous plan year. (e) Review and assessment of utilization of value-Based insurance design methodologies (1) In general The Secretary shall enter into a contract or agreement with an independent, non-biased entity having expertise in value-based insurance design methodologies to review and assess the implementation of the demonstration program under this section. The review and assessment shall include the following: (A) An assessment of the utilization of value-based insurance design methodologies by Medicare Advantage plans participating under such program. (B) An analysis of whether reducing or eliminating the copayment or coinsurance for each medication and clinical service identified pursuant to subsection (c)(2)(A) resulted in increased adherence to medication regimens, increased service utilization, improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (C) An analysis of the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (D) An analysis of whether reducing or eliminating the copayment or coinsurance for providers identified pursuant to subsection (c)(2)(B)(ii) resulted in improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (E) An analysis, for each provider so identified, the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (F) Such other matters, as the Secretary considers appropriate. (2) Report The contract or agreement entered into under paragraph (1) shall require such entity to submit to the Secretary a report on the review and assessment conducted by the entity under such paragraph in time for the inclusion of the results of such report in the report required by paragraph (3). (3) Report to Congress Not later than 3 years after the date on which the demonstration program begins under subsection (b)(2), the Secretary shall submit to Congress a report on the review and assessment of the demonstration program conducted under this subsection. The report shall include the following: (A) A description of the results of the review and assessment included in the report submitted pursuant to paragraph (2). (B) Such recommendations as the Secretary considers appropriate for enhancing the utilization of the methodologies applied under the demonstration program to all Medicare Advantage plans under part C of title XVIII of the Social Security Act so as to reduce copayments and coinsurance under such plans paid by Medicare beneficiaries for high-value prescription medications and clinical services for which coverage is provided under such plans and to otherwise improve the quality of health care provided under such plans. (f) Expansion of demonstration program The Secretary shall expand the demonstration program, pursuant to notice and comment rulemaking, to implement, on a permanent basis, the components of the demonstration program that are beneficial to Medicare beneficiaries and the Medicare program, unless the report under subsection (d) or (e)(3) contains an evaluation that the demonstration program— (1) increases expenditures under title XVIII with respect to Medicare beneficiaries participating in the demonstration program; or (2) decreases the quality of health care services furnished to such Medicare beneficiaries participating in the demonstration program. (g) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this section. (h) Implementation funding For purposes of carrying out the demonstration program under this section, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t | VBID for Better Care Act of 2014 |
Rail Safety Improvement Act of 2014 - Reauthorizes appropriations to the Secretary of Transportation (DOT) for FY2015-FY2020 to carry out rail safety activities for the safe transportation of hazardous materials (hazmat). Authorizes the Secretary to promulgate regulations or issue orders to require, in cases where two or more railroads jointly operate within a small geographic area, all such host railroads to develop uniform operating rules for all operations within the area. Reauthorizes appropriations for the railroad safety technology grants program for FY2015-FY2020. Directs the Secretary and the Chairman of the Federal Communications Commission to coordinate to assess electromagnetic spectrum needs and availability for implementing positive train control systems. Requires a working alerter in the controlling locomotive of each intercity rail passenger train. Requires each Class I railroad carrier and each railroad carrier that provides intercity rail passenger or commuter rail passenger transportation to install inward- and outward-facing audio and image recording devices in all controlling locomotive cabs and cab car operating compartments. Requires the Secretary to promulgate regulations to implement the requirement for a fatigue management plan. Prescribes certain requirements for the operation of high-hazard flammable trains, including installation of wayside defective bearing detectors. Directs the Secretary to require approval of each oil spill prevention and response plan submitted to the Administrator of the Federal Railroad Administration (FRA) (for tank cars) to ensure it meets all Department of Transportation (DOT) requirements. Revises positive train control systems requirements. Requires each Class I railroad carrier and each entity providing intercity or commuter rail passenger carrier transportation to develop and submit to the Secretary a plan for implementing a positive train control system by December 31, 2015, on its main line over which 20 or more tank cars loaded with petroleum crude oil are transported. Authorizes the Secretary to award grants to private or nonprofit organizations involved in, or affiliated with, transportation by regional (Class II) railroads and shortline (Class III) railroads for research, development, evaluation, and training efforts to enhance rail safety practices and safety culture. Requires the Secretary to conduct accident analysis and mitigation research on the safety risks of transporting energy products by rail. Prescribes requirements for: repair and replacement of damaged track inspection equipment; high density commuter rail track, automated track geometry, and automated train control inspections; and the securement of unattended freight train and vehicle equipment. Directs the Secretary to develop: an implementation plan for oversight of railroad safety risk reduction programs, and a long-range strategic human capital plan for the FRA. Revises and increases civil penalties for violations of rail safety regulations, DOT orders, accident and incident reporting or investigation requirements, as well as employee hours of service and sleeping quarters requirements. Requires reports to Congress on the progress of Metro-North Commuter Railroad in implementing certain directives and recommendations. Repeals the requirement for an FRA study of the use of reports and studies. Requires each Class I railroad carrier, each railroad carrier that has inadequate safety performance, and each railroad carrier that provides intercity rail passenger or commuter rail passenger transportation to establish a confidential close call reporting system. Prohibits a freight train or light engine used to move freight from operating unless it has a crew of at least two individuals of which: one is certified as a locomotive operator, and one is certified as a train conductor. | 113 S2784 IS: Rail Safety Improvement Act of 2014 U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2784 IN THE SENATE OF THE UNITED STATES September 10, 2014 Mr. Blumenthal Mr. Schumer Mrs. Gillibrand Mr. Murphy Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to carry out activities to improve rail safety, and for other purposes. 1. Short title; table of contents; references to title 49, United States Code (a) Short title This Act may be cited as the Rail Safety Improvement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references to title 49, United States Code. Sec. 2. Authorization of appropriations. Sec. 3. Requirement for uniform operating rules. Sec. 4. Rail safety technology. Sec. 5. Fatigue mitigation. Sec. 6. Transportation of flammable liquids by rail. Sec. 7. Amendments to the Safety Appliance Law. Sec. 8. Amendments to the Locomotive Inspection Law. Sec. 9. Repair and replacement of damaged track inspection equipment. Sec. 10. Commuter rail track inspections. Sec. 11. Automated track geometry inspections. Sec. 12. Speed enforcement. Sec. 13. Unintentional movement. Sec. 14. Rail safety oversight improvements. Sec. 15. Reports on statutory mandates and recommendations. Sec. 16. Operation deep dive; report. Sec. 17. Use of certain reports and surveys. Sec. 18. Authorization of appropriations; miscellaneous. Sec. 19. Enforcement. Sec. 20. Confidential close call reporting systems. Sec. 21. Freight train crew size. (c) References to title 49, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 2. Authorization of appropriations Section 20117(a) is amended to read as follows: (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary— (A) $225,000,000 for fiscal year 2015; (B) $245,000,000 for fiscal year 2016; (C) $266,000,000 for fiscal year 2017; (D) $289,000,000 for fiscal year 2018; (E) $293,000,000 for fiscal year 2019; and (F) $300,000,000 for fiscal year 2020. (2) Inspection vehicles With amounts appropriated pursuant to paragraph (1), the Secretary, in addition to providing further funding for previously purchased automated inspection vehicles as needed, shall purchase or lease automated rail integrity inspection vehicles, Gage Restraint Measurement System vehicles, and automated track geometry vehicles or other comparable technology as needed, including technology that may be added onto an existing railcar or vehicle, to assess rail and track safety. (3) Facility for underground rail station and tunnel There are authorized to be appropriated to the Secretary such sums as may be necessary for the period encompassing fiscal years 2015 through 2020 to design, develop, and construct the Facility for Underground Rail Stations and Tunnels at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders. (4) Rail security Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2015 through 2020 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security. . 3. Requirement for uniform operating rules (a) Amendment Subchapter II of chapter 201 is amended by adding after section 20167 the following: 20168. Uniform operating rules (a) In general The Secretary of Transportation may promulgate regulations or issue orders to require in small geographic areas, as defined by the Secretary, where 2 or more railroads serve as host railroads for joint operations that occur within a small geographic area, all such host railroads in the small geographic area to develop uniform operating rules governing all operations within the small geographic area with respect to— (1) signal aspects and indications, such that no aspect represents multiple indications for any operations within the small geographic area; (2) after-arrival mandatory directives, such that the use of an after-arrival mandatory directive is prohibited for any operations in non signaled territory within the small geographic area; and (3) forms used to convey track authority, such that track authority for any operations within the small geographic area is conveyed using an identical set of forms. (b) Construction Nothing in this section shall be construed to limit the authority of the Secretary to promulgate regulations or issue orders under other law. . (b) Conforming amendment The table of contents for subchapter II chapter 201 is amended by adding after the item relating to section 20167 the following: 20168. Uniform operating rules. . 4. Rail safety technology (a) Railroad safety technology grants (1) Authorization of appropriations Section 20158(c) is amended to read as follows: (c) Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation the following amounts to carry out this section, to remain available until expended: (1) For fiscal year 2015, $1,000,000,000. (2) For fiscal year 2016, $1,000,000,000. (3) For each of fiscal years 2017 through 2020, $250,000,000. . (2) Matching requirements Section 20158(b)(4) is amended by striking the period at the end and inserting , except that Federal funds for an eligible project for the primary benefit of intercity rail passenger transportation or commuter rail passenger transportation may equal 100 percent of the total cost of that project. (3) Grant criteria; considerations Section 20158(b)(2) is amended— (A) in subparagraph (B), by striking ; or (B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (D) are submitted by applicants that demonstrate a history of making expenditures for capital projects related to railroad safety technology. . (b) Positive train control systems (1) Spectrum Subchapter II of chapter 201, as amended by section 3 of this Act, is further amended by adding at the end the following: 20169. Electromagnetic spectrum Not later than 120 days after the date of enactment of the Rail Safety Improvement Act of 2014 . (2) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by section 3 of this Act, is further amended by adding at the end the following: 20169. Electromagnetic spectrum. . (3) Reports Section 20157(a) is amended by adding at the end the following: (3) Progress reports (A) In general Beginning 6 months after the date of enactment of the Rail Safety Improvement Act of 2014 (B) Contents A progress report under subparagraph (A) shall include— (i) a section describing the total number of positive train components required, the number of components that have been completed as of the date of the progress report, the number of components that remain to be completed or implemented, an estimated completion date for each component that remains to be completed or implemented, and the overall completion percentage; and (ii) a section describing— (I) the total number of safety-related employees and equivalent railroad carrier contractors and subcontractors required to be trained, by class and craft; (II) the minimum training standards for the employees, contractors, and subcontractors under subclause (I); (III) the percentage of employees, contractors, and subcontractors under subclause (I) that have completed training as of the date of the progress report; (IV) the percentage of employees, contractors, and subcontractors under subclause (I) that remain to be trained; and (V) the estimated completion date for the training under subclause (IV). (C) Definitions In this paragraph: (i) Component The term component (ii) Minimum training standards The term minimum training standards (D) Website Not later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration. . (c) Alerters (1) In general Subchapter II of chapter 201, as amended by subsection (b) of this section, is further amended by adding at the end the following: 20170. Alerters (a) In general Beginning 1 year after the date of enactment of the Rail Safety Improvement Act of 2014 (b) Regulations The Secretary may promulgate or revise existing regulations to specify the appropriate technical detail and essential functionalities of a working alerter, including the manner in which the alerter can be reset. . (2) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by subsection (b) of this section, is further amended by adding at the end the following: 20170. Alerters. . (d) Redundant signal protection Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection. (e) Installation of audio and image recording devices (1) In general Subchapter II of chapter 201, as amended by subsection (c) of this section, is further amended by adding at the end the following: 20171. Installation of audio and image recording devices (a) In general Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2014 (b) Regulations Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2014 (1) a railroad carrier described in subsection (a) to establish a program for the review and use of in-cab audio and image recordings; (2) the program under paragraph (1) to be submitted to the Secretary for review and approval; and (3) privacy protections as determined appropriate by the Secretary, including limitations on the public release of the recordings under subsection (f). (c) Programs (1) In general Each program established under subsection (b)(1) shall be limited to the purposes under paragraph (2) of this subsection. A railroad carrier may not use in-cab audio or image recordings or structure the program to retaliate against an employee, or for selective enforcement. (2) Purposes A program established under subsection (b)(1) shall limit the use of in-cab audio and image recordings to the following purposes: (A) Assisting in an investigation into the causation of a reportable accident. (B) Verifying that a train crew member's actions are in accordance with applicable safety laws. (C) Counseling a train crew member if the member's actions are not in accordance with applicable safety laws. (d) Detail and features In promulgating the regulations under this section, the Secretary shall specify the appropriate technical detail and essential features of the inward- and outward-facing audio and image recording devices to provide for— (1) protection in the event of a crash or fire; (2) a minimum 12-hour continuous recording capability; (3) recordings that are easily accessible for review during an accident investigation; and (4) information captured by recording devices to be recorded in a location remote from the controlling locomotive to maximize the likelihood of recovering the information after an accident. (e) Other railroad carriers (1) In general Nothing in this section restricts the discretion of the Secretary to require railroad carriers other than those described in subsection (a) to install inward- and outward-facing audio and image recording devices in all controlling locomotive cabs and cab car operating compartments. In exercising such discretion, the Secretary shall consider, at a minimum, the safety performance of the railroad carrier. (2) Voluntary program establishment Any railroad carrier other than a railroad carrier described in subsection (a) may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established. (f) Confidentiality of recordings In accordance with section 552(b)(3) . (2) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by subsection (c) of this section, is further amended by adding at the end the following: 20171. Installation of audio and image recording devices. . 5. Fatigue mitigation (a) Regulation on fatigue management plans Not later than 180 days after the promulgation of the final regulation implementing the requirement for risk reduction plans under section 20156(a) (b) Cost-Benefit analysis (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall conduct a comprehensive cost-benefit analysis to evaluate the development of hours of service requirements for all train, signal, and dispatching service employees based on fatigue sciences. (2) Assumptions In performing the cost-benefit analysis, the Secretary of Transportation may— (A) contemplate hours of service requirements for the employees described in paragraph (1) that are based on sound, up-to-date scientific information regarding fatigue measurement, employee work and sleep, and accident risk; and (B) contemplate requirements that differ from the requirements under chapter 211 (3) Considerations In performing the cost-benefit analysis, the Secretary of Transportation shall consider the costs, benefits, and other effects associated with the requirements contemplated in paragraph (2), including— (A) the impact on train accidents, including fatalities, injuries, and property damage; (B) the impact on staffing, schedules, and other railroad operations; (C) the impact on employees' salaries, earning opportunities, and other compensation; (D) the impact on customer needs, such as predictability of service; (E) the impact on productivity and competitiveness; (F) the impact on recordkeeping and other railroad administration; (G) the impact of consecutive days worked and work performed during night hours on the potential for fatigue and risk of accidents; (H) one-time versus reoccurring costs; (I) whether an effect disproportionately impacts a class of railroad; (J) the cost-effectiveness of existing railroad fatigue management initiatives; (K) the extent to which the application of modern fatigue science to hours of service requirements is consistent with the railroad operating environment; and (L) such other effects as the Secretary of Transportation considers appropriate. (4) Report Not later than 60 days after the cost-benefit analysis is complete, the Federal Railroad Administration shall post a report on its website that summarizes the results of the cost-benefit analysis, describes any disproportionate costs or benefits to a particular class of railroad, and recommends any changes to the current hours of service law. 6. Transportation of flammable liquids by rail (a) In general Chapter 51 is amended by inserting after section 5110 the following: 5111. Requirements for the operation of high-hazard flammable trains (a) In this section: (1) Class 3 flammable liquid The term Class 3 flammable liquid section 173.120(a) (2) Distributed power system The term distributed power system section 229.5 (3) DOT specification 111 tank car The term DOT specification 111 tank car (4) High-hazard flammable train The term high-hazard flammable train (5) Maximum extent practicable The term maximum extent practicable section 130.5 (6) State The term State (7) Two-way end-of-train device The term two-way end-of-train device section 232.5 (8) Worst-case discharge The term worst-case discharge section 130.5 (b) Notification requirements (1) In general A railroad carrier may not operate a high-hazard flammable train in a State until the railroad carrier has provided the State Emergency Response Commission for the State or other appropriate State delegated entity, the Tribal Emergency Response Commission, as appropriate, and the County Emergency Management Commissioner or other appropriate county emergency response coordinator with— (A) a reasonable estimate of the number of high-hazard flammable trains that are expected to travel, per week, through each county within the State; (B) each route that the high-hazard flammable train will take within the State; (C) a description of the Class 3 flammable liquid being transported through the State; (D) all applicable emergency response information required under subparts C and G of part 172 of title 49, Code of Federal Regulations; and (E) the contact information, including name, title, telephone number, and address, for at least 1 individual at the railroad carrier responsible for serving as the point of contact for the State Emergency Response Commission or other appropriate State delegated entity, the Tribal Emergency Response Commission, if appropriate, the County Emergency Management Commissioner or other appropriate county emergency response coordinator, and any other relevant emergency responders related to the railroad carrier's transportation of high-hazard flammable trains. (2) Updates A railroad carrier shall update a notification under paragraph (1) prior to making any material change in the estimated number of high-hazard flammable trains that are expected to travel, per week, through a county within the State. For purposes of this paragraph, a material change (3) Copies to Department of Transportation A railroad carrier shall provide the information required under paragraph (1) to the Department of Transportation concurrently with the State Emergency Response Commission or other appropriate State delegated entity, as applicable. (4) FOIA The information provided to the Department of Transportation under paragraph (3) shall be considered a record and available to the public in accordance with section 552 of title 5, United States Code. (5) Penalties A railroad carrier violating this subsection or a regulation promulgated under this subsection is liable to the United States Government for a civil penalty. The Secretary of Transportation may impose a civil penalty of up to $175,000 for each violation or for each day the violation continues. (c) Speed restrictions A railroad carrier operating a high-hazard flammable train shall— (1) except as provided under paragraph (2), adhere to a speed restriction of 50 miles per hour; and (2) adhere to a speed restriction of 40 miles per hour for each high-hazard flammable train— (A) with at least 1 DOT specification 111 tank car while the train operates in an area that has a population of more than 100,000 people, as determined by census population data; or (B) with at least 1 non-DOT specification tank car while the train operates in an area that has a population of more than 100,000 people, as determined by census population data. (d) Required equipment (1) In general A railroad carrier shall equip each high-hazard flammable train it operates with— (A) a two-way end-of-train device (as defined in section 232.5 (B) a distributed power system (as defined in section 229.5 (C) an electronically controlled pneumatic brake system (as defined in section 232.5 (2) Exception Paragraph (1) shall not apply to the operation of a high-hazard flammable train that is limited to a maximum speed of 30 miles per hour. (3) Construction Nothing in this subsection shall be construed to limit the authority of the Secretary to promulgate regulations or issue orders under other law. (e) Installation of wayside defective bearing detectors (1) In general Subject to paragraph (2), each railroad carrier shall install wayside defective bearing detectors at least every 40 miles along main line track— (A) that the railroad carrier owns or has been assigned maintenance responsibility under section 213.5 (B) over which 1 or more high-hazard flammable trains are operated. (2) Completion (A) Progress report Not later than 180 days after the date of enactment of the Rail Safety Improvement Act of 2014 (B) Completion date After reviewing the report submitted under subparagraph (A), the Secretary shall establish a date by which the railroad carrier must complete the installation of wayside defective bearing detectors under paragraph (1). (3) Exception Paragraph (1) shall not apply to any situation in which the Secretary determines that track configuration or other safety considerations dictate otherwise. (f) Inspections A railroad carrier shall— (1) conduct at least 2 automated track geometry inspections each calendar year on main line track— (A) that the railroad carrier owns or has been assigned maintenance responsibility under section 213.5 of title 49, Code of Federal Regulations; and (B) over which a high-hazard flammable train is operated; (2) perform at least 1 additional internal rail inspection each calendar year than is required under section 213.237(c) (A) that the railroad carrier owns or has been assigned maintenance responsibility under section 213.5 of title 49, Code of Federal Regulations; and (B) over which a high-hazard flammable train is operated; and (3) perform at least 1 additional track inspection per week than is required under section 213.233(c) of title 49, Code of Federal Regulations, on each main line track— (A) that the railroad carrier owns or has been assigned maintenance responsibility under section 213.5 of title 49, Code of Federal Regulations; and (B) over which a high-hazard flammable train is operated. . (b) Conforming amendment The table of contents for chapter 51 is amended by adding after the item relating to section 5110 the following: 5111. Requirements for the operation of high-hazard flammable trains. . (c) Oil spill prevention and response plans (1) Submission and approval procedures Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations to require approval of each oil spill prevention and response plan submitted or resubmitted to the Federal Railroad Administrator (for tank cars) to ensure it meets all the requirements of part 130 of title 49, Code of Federal Regulations, as revised under paragraph (2) of this subsection. The regulations shall include notice of, and an opportunity to respond to, including the opportunity for an informal conference, any alleged plan deficiencies or proposed plan revisions and an opportunity to correct any plan deficiencies. (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise the regulations under part 130 of the Code of Federal Regulations (relating to oil spill prevention and response plans) to modify the 1,000 barrels (42,000 gallons) threshold for a comprehensive oil spill prevention and response plan to account for worst-case discharges resulting from accidents involving unit trains or blocks of 20 or more tank cars. (d) Positive train control Section 20157(a)(1) is amended— (1) by striking Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each Each (2) in subparagraph (B), by striking ; and (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B), the following: (C) its main line over which 20 or more tank cars loaded with petroleum crude oil, Class 3 (as described in section 172.101 . (e) Short line and regional railroad safety grants Section 20108 is amended by adding at the end the following: (d) Short line and regional railroad safety initiative (1) Grants authorized The Secretary may award grants to private or nonprofit organizations involved in, or affiliated with, transportation by Class II or Class III railroads. (2) Use of funds Grant funds awarded under this subsection shall be used for research, development, testing, evaluation, and training efforts that are designed to enhance rail safety practices and safety culture. (3) Authorization of appropriations (A) Fiscal year 2015 There is authorized to be appropriated to the Secretary $2,000,000 for fiscal year 2015 for grants under this subsection. (B) Fiscal years 2016 through 2019 There is authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2016 through 2019 for grants under this subsection. (C) Availability Amounts appropriated under this paragraph shall remain available until expended. . (f) Accident analysis and mitigation With amounts appropriated under section 20117(a) (1) how the safety risks of transporting energy products by rail changes from source to destination; (2) the likelihood and consequences of accidents during pre-treatment, classification, loading, transit, and unloading; (3) mitigation strategies to reduce identified risks throughout the supply chain, including— (A) regulation and enforcement; (B) more accurate classification methods; (C) alternative routing; (D) reduced speeds; (E) improved braking; (F) improved tank car crashworthiness; and (G) better informed emergency responders. (g) Research on tank car safety With amounts appropriated under section 20117(a) 7. Amendments to the Safety Appliance Law (a) Moving defective and insecure vehicles needing repairs (1) In general Section 20303 is amended by adding at the end the following: (d) Definition of nearest The term nearest . (2) Technical amendments Section 20303(a)(2) is amended by striking clause (1) of this subsection paragraph (1) (b) Exemption for technological improvements Section 20306 is amended— (1) in subsection (b)(1), by striking ; or (2) in subsection (b)(2), by striking the period at the end and inserting ; or (3) by adding at the end the following: (3) a regulation promulgated under section 553 . 8. Amendments to the Locomotive Inspection Law (a) Requirements for use Section 20701 (1) by inserting (a) In general A railroad carrier (2) in subsection (a)(2), as redesignated, by striking ; and (3) in subsection (a)(3), as redesignated, by striking the period and inserting ; and (4) in subsection (a), as redesignated, by adding at the end the following: (4) are of a unique design or utilize a new power source technology that has been approved in advance by the Secretary. ; and (5) by adding at the end the following: (b) Definition of new power source technology For the purposes of subsection (a)(4), the term new power source technology . 9. Repair and replacement of damaged track inspection equipment (a) In general Subchapter I of chapter 201 is amended by adding after section 20120 the following: 20121. Repair and replacement of damaged track inspection equipment The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program. . (b) Conforming amendment The table of contents for subchapter I of chapter 201 is amended by adding after section 21020 the following: 20121. Repair and replacement of damaged track inspection equipment. . 10. Commuter rail track inspections (a) In general Subchapter II of chapter 201, as amended by section 4 of this Act, is further amended by adding at the end the following: 20172. Commuter rail track inspections (a) In general When performing an inspection as required under subpart F of part 213 of title 49, Code of Federal Regulations, a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines (as described in section 213.233(b)(3) (1) actually traverse each main line by vehicle or inspect each main line on foot at least once every 2 weeks; and (2) actually traverse and inspect each siding by vehicle or by foot at least once every month. (b) Construction Nothing in this section shall be construed to limit the authority of the Secretary to promulgate regulations or issue orders under other law. . (b) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by section 4 of this Act, is further amended by adding at the end the following: 20172. Commuter rail track inspections. . 11. Automated track geometry inspections (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require each railroad carrier to conduct at least 1 annual automated track geometry inspection on all high-tonnage routes (as defined by the Secretary), passenger train routes, and hazardous materials routes on main line track that the railroad carrier owns or has been assigned maintenance responsibility under section 213.5 (b) Exceptions In promulgating the regulations under subsection (a), the Secretary of Transportation may provide an exception for a railroad carrier that demonstrates, to the Secretary's satisfaction, that its inspection practices provide an equivalent level of safety benefit. (c) Construction Nothing in this section shall be construed to limit the authority of the Secretary to promulgate regulations or issue orders under other law. 12. Speed enforcement (a) Automated train control inspections Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations requiring each railroad carrier operating in automated train control territory to perform a regular inspection at each location that has a reduction of more than 20 miles per hour in the maximum authorized speed until the Secretary has certified the railroad carrier's positive train control system under section 20157(h) of title 49, United States Code. (b) Signage Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations requiring the installation of signs to warn train crews before they approach a location where there is a permanent reduction of more than 20 miles per hour in the maximum authorized speed. (c) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (1) the actions the railroad carriers have taken in response to Safety Advisory 2013–08, entitled Operational Tests and Inspections for Compliance With Maximum Authorized Train Speeds and Other Speed Restrictions; and (2) the actions the Federal Railroad Administration has taken to determine and ensure compliance with that safety advisory. 13. Unintentional movement Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise the regulations in section 232.103(n) 14. Rail safety oversight improvements (a) Risk reduction implementation plan Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation plan for the oversight of railroad safety risk reduction programs developed under section 20156 (1) interim milestones for finalizing any regulation required to implement section 20156 (2) estimated timeframes for the review and approval of railroad safety risk reduction program components required under section 20156(d)(2) (b) Human capital plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a long-range strategic human capital plan for the Federal Railroad Administration. The plan shall— (A) identify and prioritize the Federal Railroad Administration’s human capital needs over a minimum of 5 years; (B) align the human capital needs under subparagraph (A) with the Federal Railroad Administration's safety mission; and (C) include specific approaches for how the Secretary will ensure that the Federal Railroad Administration has enough inspectors to perform its current and future oversight work, including the implementation of requirements for positive train control and railroad safety risk reduction programs. (2) Considerations In developing the plan, the Secretary shall consider— (A) whether the Federal Railroad Administration’s staffing allocation process is flexible enough to respond to shifts in rail traffic volumes and patterns across different regions; and (B) railroad industry trends, projected retirements, skill gaps, and training needs. (3) Report Not later than 30 days after the plan is complete, the Secretary shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the contents of the plan and describes how the Secretary will prioritize resources to mitigate the largest rail safety oversight risks and to prevent rail accidents. 15. Reports on statutory mandates and recommendations Section 106 of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 20101 Not later than December 31, 2008, and annually thereafter, the Secretary Not later than 90 days after the date of enactment of the Rail Safety Improvement Act of 2014 16. Operation deep dive; report (a) In general Not later than 60 days after the date of enactment of this Act, and quarterly thereafter until the completion date, the Administrator of the Federal Railroad Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of Metro-North Commuter Railroad in implementing the directives and recommendations issued by the Federal Railroad Administration in its March 2014 report to Congress, Operation Deep Dive Metro-North Commuter Railroad Safety Assessment. Not later than 30 days after the completion date, the Federal Railroad Administration shall submit a final report on the directives and recommendations to Congress. (b) Definition of completion date For purposes of this section, the term completion date 17. Use of certain reports and surveys (a) In general Section 20119 (b) Conforming amendment The table of contents for title 49, United States Code, is amended by striking the item relating to section 20119. 18. Authorization of appropriations; miscellaneous (a) Highway-Rail grade crossing safety study There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to conduct a study of railroad operations that block highway-rail grade crossings, including the severity, frequency, and other characteristics of such blockages, to remain available until expended. For the purpose of this subsection, the term highway-rail grade crossing section 20153(a) (b) Train length study There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to conduct a study of whether train length correlates with the severity and frequency of train derailments, to remain available until expended. (c) Operation lifesaver; authorization of appropriations Section 206(c) of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 22501 (c) Authorization of appropriations There are authorized to be appropriated to the Federal Railroad Administration for carrying out this section $1,500,000 for each of fiscal years 2015 through 2020. . 19. Enforcement (a) Safety sensitive violations Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a statement of agency policy— (1) defining the term safety sensitive violation (2) identifying in the penalty schedules those violations under chapter 201, chapters 203 through 209, and chapter 211 (b) Notice and comment The Secretary of Transportation may subject the statement of agency policy under subsection (a) to notice and comment, as the Secretary considers appropriate. (c) Civil penalties increases (1) Chapter 201 general violations Section 21301(a) is amended— (A) by inserting , except that if the violation is a safety sensitive violation the amount of the penalty shall be at least $13,000 $25,000 (B) by striking $25,000 $500,000 (C) by striking the amount may be not more than $100,000 the amount shall be at least $1,000,000 (D) in paragraph (3), by inserting , or $13,000 if the violation is a safety sensitive violation, $500 (2) Chapter 201 accident and incident violations; chapters 203 through 209 violations Section 21302(a)(2) is amended— (A) by inserting , except that if the violation is a safety sensitive violation the amount of the penalty shall be at least $13,000 (B) by striking $25,000 $500,000 (C) by striking the amount may be not more than $100,000 the amount shall be at least $1,000,000 (3) Chapter 211 violations Section 21303(a)(2) is amended— (A) by inserting , except that if the violation is a safety sensitive violation the amount of the penalty shall be at least $13,000 $25,000 (B) by striking $25,000 $500,000 (C) by striking the amount may be not more than $100,000 the amount shall be at least $1,000,000 (4) Inflation adjustments; statements of agency policy The Secretary of Transportation shall issue a statement of agency policy adjusting the penalty schedules for violations of chapter 201, chapters 203 through 209, and chapter 211 (d) Enforcement report Section 20120(a)(2) is amended by inserting after prior fiscal year, for both ordinary and safety-sensitive violations, (e) Effective date The amendments under subparagraphs (A) and (D) of subsection (c)(1), under subsection (c)(2)(A), and under subsection (c)(3)(A) shall take effect on the date that is 180 days after the date that the Secretary of Transportation defines the term safety sensitive violation 20. Confidential close call reporting systems (a) In general Subchapter II of chapter 201, as amended by section 10, is further amended by adding at the end the following: 20173. Confidential close call reporting systems (a) In general Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2014 (b) Regulations Not later than 1 year after the Rail Safety Improvement Act of 2014 (c) Program development and oversight (1) In general Not later than 180 days after the date of the final regulations under subsection (b), an applicable railroad carrier shall develop a proposed program and submit it to the Secretary for review and approval. (2) Contents A railroad carrier shall describe its proposed program’s core principles and values, explain the rights, roles, and responsibilities of program stakeholders, identify concerns and interests, and describe how the program will operate. (3) Review (A) In general The Secretary shall review and approve or disapprove each proposed program within a reasonable amount of time. If a proposed program is not approved, the Secretary shall notify the applicable railroad carrier in writing as to the specific areas in which the proposed program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. (B) Updates An applicable railroad carrier shall update its program as needed and obtain the Secretary’s approval prior to making any major changes to its program. (C) Annual reviews The Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its program. (d) Program elements Each applicable railroad carrier shall— (1) provide a safe environment for its employees to report unsafe events and conditions; (2) for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure its employees are protected from railroad carrier discipline; (3) use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and (4) use information collected by the programs to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents. (e) Consensus (1) In general Each applicable railroad carrier shall consult with, employ good faith with, and use its best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed program. (2) Statements If an applicable railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed program, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the proposed program on which consensus was not reached. The Secretary shall consider such views during review of the proposed program under subsection (c)(3)(A). (f) Voluntary program establishment Any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established. (g) Use of data The Secretary may use the confidential close call reporting data— (1) when implementing or updating the Federal Railroad Administration's National Inspection Plan; (2) when performing focused inspections; or (3) when developing agency rulemakings and guidance, as appropriate. (h) Definition of applicable railroad carrier In this section, the term applicable railroad carrier (1) a railroad carrier that is a Class I railroad; (2) a railroad carrier that has inadequate safety performance, as determined by the Secretary; or (3) a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to implement this section and support the nationwide implementation, as the Secretary determines appropriate, of confidential close call reporting system programs. . (b) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by section 10 of this Act, is further amended by adding at the end the following: 20173. Confidential close call reporting systems. . 21. Freight train crew size (a) In general Subchapter II of chapter 201, as amended by section 20 of this Act, is further amended by adding at the end the following: 20174. Freight train crew size (a) In general No freight train or light engine used in connection with the movement of freight may be operated unless it has a crew of at least 2 individuals of which— (1) 1 individual is certified as a locomotive operator under section 20135; and (2) 1 individual is certified as a train conductor under section 20163. (b) Definition of light engine In this section, the term light engine . (b) Conforming amendment The table of contents for subchapter II of chapter 201, as amended by section 20 of this Act, is further amended by adding at the end the following: 20174. Freight train crew size. . (c) Effective date The amendments made by subsections (a) and (b) of this section shall take effect on the date that is 30 days after the date of enactment of the Rail Safety Improvement Act of 2014 | Rail Safety Improvement Act of 2014 |
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Safe and Secure Drinking Water Protection Act of 2014 - Requires the Environmental Protection Agency (EPA) to develop and publish within 180 days a health advisory including recommendations on: (1) the level of Microcystins (toxins produced by freshwater cyanobacteria, also known as blue-green algae) in drinking water that is safe for human consumption; (2) feasible treatment techniques and other means for achieving a safe level; and (3) standardized procedures for testing for Microcystins in drinking water. Directs the EPA to report with 180 days and every year thereafter on: (1) the status of the determination, (2) the steps taken by the EPA to promote testing of drinking water for Microcystins in areas that have been affected by harmful algal blooms, and (3) an analysis of available treatment techniques and other means for addressing Microcystins in drinking water. | 113 S2785 ES: Safe and Secure Drinking Water Protection Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2785 IN THE SENATE OF THE UNITED STATES AN ACT To direct the Administrator of the Environmental Protection Agency to publish a health advisory and submit reports with respect to microcystins in drinking water. 1. Short title This Act may be cited as the Safe and Secure Drinking Water Protection Act of 2014 2. Microcystins in drinking water (a) Health advisory Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the Administrator (1) (A) the level of microcystins in drinking water below which the water is expected to be safe for human consumption; and (B) feasible treatment techniques and other means for achieving that level; and (2) standardized procedures for testing for microcystins in drinking water. (b) Reports Not later than 180 days after the date of enactment of this Act, and each year thereafter, the Administrator shall submit to Congress a report that includes— (1) a description of the status of the efforts of the Administrator to determine whether to regulate drinking water with respect to the level of microcystins; (2) a description of the steps taken by the Administrator to promote testing of drinking water for microcystins in areas that have been affected by harmful algal blooms; and (3) an analysis of available treatment techniques and other means for addressing microcystins in drinking water. Passed the Senate December 11, 2014. Secretary | Safe and Secure Drinking Water Protection Act of 2014 |
Corporate Inverters Earnings Stripping Reform Act of 2014 - Amends the Internal Revenue Code to impose limitations on the tax deduction for interest paid by corporations which are designated as applicable entities (i.e., members of an expanded affiliated group which includes a surrogate foreign corporation which is not treated as a domestic corporation). Prohibits such an entity from claiming a tax deduction for interest that exceeds 25% of its adjusted taxable income and from carrying forward interest which is paid or accrued during the first year in which such entity becomes an applicable entity. Requires an applicable entity to file an annual application for an approval agreement (i.e., a prefiling, advance pricing, or other agreement involving a related-party transaction) with the Internal Revenue Service (IRS) during the 10-year period after it becomes an applicable entity. | 113 S2786 IS: Corporate Inverters Earnings Stripping Reform Act of 2014 U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2786 IN THE SENATE OF THE UNITED STATES September 10, 2014 Mr. Schumer Mr. Durbin Mr. Brown Mr. Coons Mr. Rockefeller Ms. Stabenow Mr. Cardin Mr. Reed Mr. Menendez Mr. Markey Mr. Merkley Ms. Baldwin Mr. Levin Ms. Warren Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prevent earnings stripping of domestic corporations which are members of a worldwide group of corporations which includes an inverted corporation and to require agreements with respect to certain related party transactions with those members. 1. Short title This Act may be cited as the Corporate Inverters Earnings Stripping Reform Act of 2014 2. Additional rules related to inverted corporations (a) In general Section 7874 (g) Special rules applicable to earnings stripping and related party transactions (1) Modifications of limitation on interest deduction (A) In general In the case of any additional limitation year of a corporation which is an applicable entity, section 163(j) shall be applied with the modifications described in subparagraph (B). (B) Modifications for additional limitation years For purposes of subparagraph (A), the modifications described in this subparagraph are as follows: (i) No carryover No carryforward to any other taxable year shall be allowed under section 163(j)(1)(B) for interest paid or accrued during any additional limitation year with respect to which a deduction was disallowed to the corporation under section 163(j). (ii) Rules for determining whether interest limitation rules apply In applying section 163(j)(2) to determine whether section 163(j) applies to the corporation for any additional limitation year— (I) subparagraph (A)(ii) shall be disregarded, and (II) subparagraph (B)(i)(II) shall be applied by substituting 25 percent of the adjusted taxable income of the corporation the sum of 50 percent of the adjusted taxable income of the corporation plus any excess limitation carryforward under clause (ii) (C) Additional limitation year For purposes of this paragraph, the term additional limitation year (i) first taxable year beginning on or after the date of enactment of this subparagraph, or (ii) first taxable year for which the corporation is an applicable entity. (2) Annual application for agreements on return positions (A) In general Each applicable entity shall file with the Secretary an application for an approval agreement under subparagraph (C) for each approval year. Such application shall be filed at such time and manner, and shall contain such information, as the Secretary may prescribe. (B) Failures to comply If an applicable entity fails to file an application under subparagraph (A), or the approval agreement does not contain the necessary provisions described in subparagraph (C), for any taxable year, then for such taxable year— (i) there shall not be allowed any deduction, or addition to basis or cost of goods sold, for amounts paid or incurred, or losses incurred, by reason of a transaction between the entity and a foreign related person, (ii) any transfer or license of intangible property (as defined in section 936(h)(3)(B)) between the entity and a foreign related person shall be disregarded, and (iii) any cost-sharing arrangement between the entity and a foreign related person shall be disregarded. (C) Approval agreement For purposes of subparagraph (A), the term approval agreement (D) Approval year For purposes of this paragraph, the term approval year (3) Applicable entity For purposes of this subsection— (A) In general The term applicable entity (i) is a surrogate foreign corporation, determined by applying subsection (a)(2)(B)— (I) by substituting more than 50 percent at least 60 percent (II) by substituting before, on, or after after (III) by disregarding the matter following clause (iii) thereof, and (ii) is not treated as a domestic corporation by reason of subsection (b). (B) Special rule for inclusion of noncorporate entities For purposes of subparagraph (A), a partnership or other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity controls (as determined under section 954(d)(3)), or is controlled by (as so determined), members of such group (including any entity treated as a member of such group by reason of this sentence). . (b) Effective date The amendments made by this section shall apply with respect to taxable years beginning after the date of enactment of this Act. | Corporate Inverters Earnings Stripping Reform Act of 2014 |
Caller ID Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to expand the prohibition on the provision of inaccurate caller identification information (which makes it unlawful to cause a caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value) to persons outside the United States if the recipient is within the United States. Revises the definitions of "caller identification information" and "caller identification service" to include text messages sent using a text messaging service. Defines "text message" as real-time or near real-time messages consisting of text, images, sounds, or other information transmitted from or received by a device identified by a telephone number. Excludes from such definition a real-time, two-way voice or video communication. Expands the categories of IP-enabled voice services that are subject to such prohibition to include services with interconnection capability, whether part of a bundle of services or separately, that can originate traffic to the public switched telephone network. | 113 S2787 IS: Caller ID Scam Prevention Act of 2014 U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2787 IN THE SENATE OF THE UNITED STATES September 10, 2014 Ms. Klobuchar Mr. Blunt Committee on Commerce, Science, and Transportation A BILL To expand and clarify the prohibition on inaccurate caller ID information. 1. Short title This Act may be cited as the Caller ID Scam Prevention Act of 2014 2. Expanding and clarifying prohibition on inaccurate caller ID information (a) Communications from outside United States Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) or any person outside the United States if the recipient is within the United States, United States, (b) Text messaging service Section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) (1) in subparagraph (A), by inserting (including a text message sent using a text messaging service) (2) in the first sentence of subparagraph (B), by inserting (including a text message sent using a text messaging service) (3) by adding at the end the following: (D) Text message The term text message (i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; (ii) includes a short message service (commonly referred to as SMS EMS MMS (iii) does not include a real-time, 2-way voice or video communication. (E) Text messaging service The term text messaging service . (c) Coverage of outgoing-Call-Only IP-Enabled voice service Section 227(e)(8)(C) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8)(C) has the meaning means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. (d) Regulations (1) In general Section 227(e)(3)(A) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(3)(A) Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission The Commission (2) Deadline Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (e) Effective date The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. | Caller ID Scam Prevention Act of 2014 |
IDEA Fairness Restoration Act - Amends the Individuals with Disabilities Education Act to include expert witness fees, including the reasonable costs of any test or evaluation necessary for the preparation of the parents' or guardians' case in the action or proceeding, within the definition of "attorneys' fees" that may be awarded to the prevailing party in a civil action brought under such Act. | 113 S2790 IS: IDEA Fairness Restoration Act U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2790 IN THE SENATE OF THE UNITED STATES September 10, 2014 Mr. Harkin Ms. Mikulski Committee on Health, Education, Labor, and Pensions A BILL To amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses. 1. Short title This Act may be cited as the IDEA Fairness Restoration Act 2. Inclusion of expert witness fees and other expenses as attorneys' fees (a) In general Section 615(i)(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1415(i)(3) (H) Inclusion of expert witness fees and other expenses as attorneys' fees In this paragraph, the term attorneys' fees . (b) Effective date The amendment made by subsection (a) shall apply to any action or proceeding brought under section 615 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1415 | IDEA Fairness Restoration Act |
EPS Service Parts Act of 2014 - Amends the Energy Policy and Conservation Act to exempt external power supplies (EPS) for four years from energy conservation standards established by the Department of Energy in 2014. (EPS convert household electric current into direct current or lower-voltage alternating current to operate a consumer product such as a laptop computer or smart phone.) Applies this exemption to service parts or spare parts for products that were manufactured before February 10, 2016. | 113 S2791 IS: EPS Service Parts Act of 2014 U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2791 IN THE SENATE OF THE UNITED STATES September 10, 2014 Mrs. Shaheen Mr. Portman Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to permit exemptions for external power supplies from certain efficiency standards, and for other purposes. 1. Short title This Act may be cited as the EPS Service Parts Act of 2014 2. Exempt supplies Section 325(u) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(u) (5) Exempt supplies (A) February 10, 2014, rule (i) In general An external power supply shall not be subject to the final rule entitled Energy Conservation Program: Energy Conservation Standards for External Power Supplies (I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020; (II) is marked in accordance with the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; (III) meets, where applicable, the standards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or higher of the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; and (IV) is made available by the manufacturer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before February 10, 2016. (ii) Reporting The Secretary may require manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that are not International Efficiency Level VI or higher. (iii) Limitation of exemption The Secretary may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause. (B) Amended standards (i) In general The Secretary may exempt an external power supply from any amended standard under this subsection if the external power supply— (I) is manufactured within four years of the compliance date of the amended standard; (II) complies with applicable marking requirements adopted by the Secretary prior to the amendment; (III) meets the standards that were in effect prior to the amendment; and (IV) is made available by the manufacturer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before the compliance date of the amended standard. (ii) Reporting The Secretary may require manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard. . | EPS Service Parts Act of 2014 |
Apprenticeship and Jobs Training Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program. Defines a "qualified individual" as an individual who: (1) is an apprentice participating in a qualified apprenticeship program, (2) has been employed in such a program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. Defines a "qualified apprenticeship program" as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation (i.e., a skilled trade occupation in a high-demand mechanical, technical, health care, or technology field); (2) is registered with the Office of Apprenticeship of the Department of Labor; and (3) maintains records relating to the qualified individual. Allows a premature distribution, without penalty, from a tax-qualified retirement plan to an employee who is serving as a mentor. Defines a "mentor" as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree. | 113 S2792 IS: Apprenticeship and Jobs Training Act of 2014 U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2792 IN THE SENATE OF THE UNITED STATES September 11, 2014 Ms. Cantwell Ms. Collins Committee on Finance A BILL To establish a tax credit for on-site apprenticeship programs, and for other purposes. 1. Short title This Act may be cited as the Apprenticeship and Jobs Training Act of 2014 2. Tax Credit for Apprenticeship Programs (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: 45S. Credit for apprenticeship program expenses (a) Tax Credit (1) In general For purposes of section 38, in the case of an employer, the apprenticeship program credit determined under this section for any taxable year with respect to each qualified individual in a qualified apprenticeship program is an amount equal to the lesser of— (A) the amount of any wages (as defined in section 51(c)(1)) paid or incurred by the employer with respect to such qualified individual during the taxable year, or (B) $5,000. (2) Established apprenticeship programs (A) In general The apprenticeship program credit determined under this section for the taxable year shall only be applicable to the number of qualified individuals in a qualified apprenticeship program which are in excess of the apprenticeship participation average for such employer (as determined under subparagraph (B)). (B) Apprenticeship participation average For purposes of subparagraph (A), the apprenticeship participation average shall be equal to the average of the total number of qualified individuals in the qualified apprenticeship program of the employer for— (i) the 3 preceding taxable years, or (ii) the number of taxable years in which the qualified apprenticeship program was in existence, whichever is less. (3) Denial of double benefit No deduction or any other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (5) Limitation The apprenticeship program credit under this section shall not be allowed for more than 3 taxable years with respect to any qualified individual. (b) Qualified individual (1) In general For purposes of this section, the term qualified individual (A) is participating in a qualified apprenticeship program with an employer that is subject to the terms of a valid apprenticeship agreement (as defined in section 29.7 of title 29 of the Code of Federal Regulations), (B) has been employed under a qualified apprenticeship program for a period of not less than 7 months that ends within the taxable year, (C) is not a highly compensated employee (as defined in section 414(q)), and (D) is not a seasonal worker (as defined in section 45R(d)(5)(B)). (2) Training received by members of the Armed Forces An employer shall consider and may accept, in the case of a qualified individual participating in a qualified apprenticeship program, any relevant training or instruction received by such individual while serving in the Armed Forces of the United States, for the purpose of satisfying the applicable training and instruction requirements under such qualified apprenticeship program. (3) Ineligibility of certain individuals For purposes of this subsection, paragraphs (1) and (2) of section 51(i) shall apply. (c) Qualified apprenticeship program (1) In general For purposes of this section, the term qualified apprenticeship program section 29.2 (A) provides qualified individuals with on-the-job training and instruction for a qualified occupation with the employer, (B) is registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by such Office of Apprenticeship, (C) maintains records relating to the qualified individual, in such manner as the Secretary, after consultation with the Secretary of Labor, may prescribe, and (D) satisfies such other requirements as the Secretary, after consultation with the Secretary of Labor, may prescribe. (2) Qualified occupation For purposes of paragraph (1)(A), the term qualified occupation section 29.4 (d) Apprenticeship agreement (1) In general For purposes of this section, the term apprenticeship agreement section 29.7 (2) Credit for training received under apprenticeship agreement If a qualified individual has received training or instruction through a qualified apprenticeship program with an employer which is subsequently unable to satisfy its obligations under the apprenticeship agreement, such individual may transfer any completed training or instruction for purposes of satisfying any applicable training and instruction requirements under a separate apprenticeship agreement with a different employer. (e) Application of certain rules For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single person. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations to provide for application of paragraphs (1) and (2) of subsection (a) with respect to qualified individuals in a qualified apprenticeship program who are employed by more than 1 employer. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus , plus (37) the apprenticeship program expenses credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 45S. Credit for apprenticeship program expenses. . (d) Conforming amendments (1) Rule for employment credits Section 280C(a) 45S(a), 45P(a), (2) Exclusion for determination of credit for increasing research activities Clause (iii) of section 41(b)(2)(D) of such Code is amended by inserting the apprenticeship program credit under section 45S(a) or in determining (e) Evaluation Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives that contains an evaluation of the activities authorized under this Act, including— (1) the extent to which qualified individuals completed qualified apprenticeship programs; (2) whether qualified individuals remained employed by an employer that received an apprenticeship program credit under section 45S (3) whether qualified individuals who completed a qualified apprenticeship program remained employed in the same occupation or field; and (4) recommendations for legislative and administrative actions to improve the effectiveness of the apprenticeship program credit under section 45S of the Internal Revenue Code of 1986. (f) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2014. 3. Encouraging mentors to train the future (a) Early distributions from qualified retirement plans Section 72(t)(2) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A)— (A) by striking or (B) by striking the period at the end of clause (viii) and inserting , or (C) by adding at the end the following new clause: (ix) made to an employee who is serving as a mentor. ; and (2) by adding at the end the following new subparagraph: (H) Distributions to Mentors For purposes of this paragraph, the term mentor (i) has attained 55 years of age, (ii) is not separated from their employment with a company, corporation, or institution of higher education, (iii) in accordance with such requirements and standards as the Secretary determines to be necessary, has substantially reduced their hours of employment with their employer, with the individual to be engaged in mentoring activities described in clause (iv) for not less than 20 percent of the hours of employment after such reduction, and (iv) is responsible for the training and education of employees or students in an area of expertise for which the individual has a professional credential, certificate, or degree. . (b) Distributions during working retirement Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: (36) Distributions during working retirement (A) In general A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who— (i) has attained age 62 and who is not separated from employment at the time of such distribution, or (ii) subject to subparagraph (B), is serving as a mentor (as such term is defined in section 72(t)(2)(H)). (B) Limitation on distributions to mentors For purposes of subparagraph (A)(ii), the amount of the distribution made to an employee who is serving as a mentor shall not be greater than the amount equal to the product obtained by multiplying— (i) the amount of the distribution that would have been payable to the employee if such employee had separated from employment instead of reducing their hours of employment with their employer and engaging in mentoring activities, in accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by (ii) the percentage equal to the quotient obtained by dividing— (I) the sum of— (aa) the number of hours per pay period by which the employee's hours of employment are reduced, and (bb) the number of hours of employment that such employee is engaging in mentoring activities, by (II) the total number of hours per pay period worked by the employee before such reduction in hours of employment. . (c) ERISA Subparagraph (A) of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by striking the period at the end and inserting the following: , or solely because such distribution is made to an employee who is serving as a mentor (as such term is defined in section 72(t)(2)(H) of the Internal Revenue Code of 1986). (d) Effective date The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014. | Apprenticeship and Jobs Training Act of 2014 |
Veterans Small Business Enhancement Act of 2014 - Amends the Small Business Act to require the interagency task force that is responsible for coordinating federal efforts to improve the business development and federal contracting opportunities available to small business concerns owned and controlled by veterans to coordinate administrative and regulatory activities and develop proposals to provide access to, and manage the distribution of, excess or surplus U.S. property located outside the United States to small business concerns owned and controlled by veterans, pursuant to a memorandum of understanding with the applicable state agency. | 113 S2794 IS: Veterans Small Business Enhancement Act of 2014 U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2794 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Durbin Mr. Blumenthal Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to direct the task force of the Office of Veterans Business Development to provide access to and manage the distribution of overseas excess or surplus property to veteran-owned small businesses. 1. Short title This Act may be cited as the Veterans Small Business Enhancement Act of 2014 2. Access to overseas excess or surplus property for veteran-owned small businesses Section 32(c)(3)(B) of the Small Business Act ( 15 U.S.C. 657b(c)(3)(B) (1) in clause (v), by striking ; and (2) in clause (vi), by striking the period at the end and inserting ; and (3) by adding at the end the following: (vii) providing access to and managing the distribution of excess or surplus property located outside the United States that is owned by the United States to small business concerns owned and controlled by veterans, pursuant to a memorandum of understanding between the task force and the head of the applicable state agency (as defined in section 549 of title 40, United States Code). . | Veterans Small Business Enhancement Act of 2014 |
Career and Technical Education Opportunity Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to include as a program that is eligible to participate in the William D. Ford Federal Direct Loan program and the Federal Perkins Loans program an educational program that: (1) provides students with at least 250 clock hours of instruction over a minimum of five weeks, and (2) leads to an industry-recognized credential. Defines an "industry-recognized credential" as one that: is demonstrated to be of high quality by the institution of higher education offering the educational program in its title IV participation agreement with the Secretary of Education; meets the current or projected needs of a local or regional workforce for recruitment, screening, hiring, retention, or advancement purposes; and is, where applicable, endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector. | 113 S2795 IS: Career and Technical Education Opportunity Act U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2795 IN THE SENATE OF THE UNITED STATES September 11, 2014 Ms. Baldwin Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to expand the definition of eligible program. 1. Short title This Act may be cited as the Career and Technical Education Opportunity Act 2. Expansion of eligible programs The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (1) in section 481(b), by adding at the end the following: (5) (A) For purposes of parts D and E, the term eligible program (B) In this paragraph, the term industry-recognized credential (i) is demonstrated to be of high quality by the institution offering the program in the program participation agreement under section 487; (ii) meets the current, as of the date of the determination, or projected needs of a local or regional workforce for recruitment, screening, hiring, retention, or advancement purposes— (I) as determined by the State in which the program is located, in consultation with business entities; or (II) as demonstrated by the institution offering the program leading to the credential; and (iii) is, where applicable, endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector. ; and (2) in section 487(a), by adding at the end the following: (30) In the case of an institution that offers a program of not less than 250 clock hours of instruction, offered during a minimum of 5 weeks of instruction that leads an industry-recognized credential, as provided under section 481(b)(5), the institution will demonstrate to the Secretary that the industry-recognized credential is of high quality. . | Career and Technical Education Opportunity Act |
Working Student Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to increase the income protection allowance for academic year 2015-2016 to: $8,451 for dependent students; $13,135 for independent students without dependents other than a spouse who are single, separated, or married when both spouses are enrolled; and $21,060 for independent students without dependents other than a spouse if only one of the spouses is enrolled. Increases for academic year 2015-2016 the income protection allowances for independent students with dependents other than a spouse. (These allowances vary depending on the number of such dependents.) Provides for cost-of-living adjustments to such income protection allowances after academic year 2015-2016. (An income protection allowance is the amount excluded from a student's income in determining the student's need for assistance under title IV.) | 113 S2796 IS: Working Student Act of 2014 U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2796 IN THE SENATE OF THE UNITED STATES September 11, 2014 Ms. Baldwin Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to increase the income protection allowances. 1. Short title This Act may be cited as the Working Student Act of 2014 2. Support for working students (a) Dependent students Section 475(g)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as follows: (D) an income protection allowance (or a successor amount prescribed by the Secretary under section 478) of $8,451 for academic year 2015–2016; . (b) Independent students without dependents other than a spouse Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 ( 20 U.S.C. 1087pp(b)(1)(A)(iv) (iv) an income protection allowance (or a successor amount prescribed by the Secretary under section 478)— (I) for single or separated students, or married students where both are enrolled pursuant to subsection (a)(2), of $13,135 for academic year 2015–2016; and (II) for married students where 1 is enrolled pursuant to subsection (a)(2), of $21,060 for academic year 2015–2016; . (c) Independent students with dependents other than a spouse Section 477(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087qq(b)(4) (4) Income protection allowance The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 478), for academic year 2015–2016: Income Protection Allowance Family Number in College (including 1 2 3 4 5 For each additional subtract: 2 $33,277 $27,580 $4,250 3 41,431 35,761 $30,078 4 51,151 45,481 39,825 $34,114 5 60,358 54,661 49,005 43,321 $37,665 6 70,591 64,908 59,265 53,554 47,898 For each additional add: 6,000 . (d) Updated tables and amounts Section 478(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087rr(b) (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: (A) In general For each academic year after academic year 2015–2016, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of sections 475(c)(4) and 477(b)(4), subject to subparagraphs (B) and (C). (B) Table for independent students For each academic year after academic year 2015–2016, the Secretary shall develop the revised table of income protection allowances by increasing each of the dollar amounts contained in the table of income protection allowances under section 477(b)(4)(D) by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 2014 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10. ; and (2) in paragraph (2), by striking shall be developed shall be developed for each academic year after academic year 2015–2016, by increasing each of the dollar amounts contained in such section for academic year 2015–2016 by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 2014 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10. (e) Effective date The amendments made by this section shall be effective on July 1, 2015. | Working Student Act of 2014 |
Clean Water Affordability Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2019 a grant program to intercept, transport, control, or treat combined sewer overflows (CSOs) and sanitary sewer overflows. Requires the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the obligations under the National Pollutant Discharge Elimination System (NPDES) of a publicly owned treatment work (POTW) or a publicly owned municipal separate storm sewer system (MS4). Allows approval of a NPDES permit under a state-administered program with a term of between 5 and 25 years if a POTW or MS4 has an integrated plan approved under this Act. Requires the EPA to: (1) amend the CSO control policy to allow a POTW with an approved long-term control plan to modify the plan to incorporate green infrastructure and energy-efficient technologies if they are cost-effective, and (2) allow a POTW 30 years to meet compliance obligations under a modified plan. Requires the EPA to: (1) promote the use of green infrastructure in permitting programs, planning efforts, research, technical assistance, and funding guidance; and (2) establish a voluntary green infrastructure portfolio standard to increase the percentage of annual water managed by eligible entities that use green infrastructure. Requires the EPA to update the guidance entitled "Combined Sewer Overflows - Guidance for Financial Capability Assessment and Schedule Development" to ensure that the evaluations of financial capability assessment and schedule development meet specified criteria. | 113 S2797 IS: Clean Water Affordability Act of 2014 U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2797 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Brown Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to update a program to provide assistance for the planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows, and to require the Administrator of the Environmental Protection Agency to update certain guidance used to develop and determine the financial capability of communities to implement clean water infrastructure programs. 1. Short title This Act may be cited as the Clean Water Affordability Act of 2014 2. Sewer overflow control grants Section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 (1) by striking subsections (a) through (g) and inserting the following: (a) Grants The Administrator may— (1) make grants to States for the purpose of providing grants to local or regional authorities or a municipality or municipal entity for use in planning, designing, and constructing treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and (2) make a grant directly to a local or regional authority or municipality or municipal entity for the purposes described in paragraph (1). (b) Prioritization In selecting from among municipalities applying for grants under this section, a State or the Administrator shall give priority to— (1) an applicant that is a financially distressed community, as determined by the applicable State under subsection (c); and (2) an applicant that discharges into a water body, or water body segment, impaired for nutrients or related pollutant indicators. (c) Determination In determining whether a community is a distressed community for the purposes of subsection (b), a State shall consider, among other factors, the criteria described in section 7(b)(2)(A) of the Clean Water Affordability Act of 2014 (d) Cost-Sharing (1) Federal share The Federal share of the cost of any project or activity carried out using funds from a grant made under subsection (a) shall be not less than 75 percent. (2) Non-Federal share The non-Federal share of the cost of any project or activity carried out using funds from a grant made under subsection (a) may include— (A) in any amount, public and private funds and in-kind services; and (B) notwithstanding section 603, financial assistance, including loans, from a State water pollution control revolving fund. (e) Administrative requirements (1) In general Subject to paragraph (2), a project that receives grant assistance under subsection (a) shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund established pursuant to title VI. (2) Determination of Governor The requirement described in paragraph (1) shall not apply to a project that receives grant assistance under subsection (a) to the extent that the Governor of the State in which the project is located determines that a requirement described in title VI is inconsistent with the purposes of this section. (f) Allocation of funds (1) Fiscal year 2015 For fiscal year 2015, subject to subsection (g), the Administrator shall use the amounts made available to carry out this section under subsection (i)(1) to provide grants to municipalities and municipal entities under subsection (a)(2) in accordance with the priority criteria described in subsection (b). (2) Fiscal year 2016 and thereafter For fiscal year 2016 and each fiscal year thereafter, subject to subsection (g), the Administrator shall use the amounts appropriated to carry out this section under subsection (i)(1) to provide grants to States under subsection (a)(1) in accordance with a formula that— (A) shall be established by the Administrator, after providing notice and an opportunity for public comment; and (B) allocates to each State a proportional share of the amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls, as identified in the most recent survey— (i) conducted under section 210; and (ii) included in a report required under section 516(a). ; (2) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; (3) in the first sentence of subsection (h) (as redesignated by paragraph (2)), by striking 2003 2015 (4) by adding at the end the following: (i) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) $250,000,000 for fiscal year 2015; (B) $300,000,000 for fiscal year 2016; (C) $350,000,000 for fiscal year 2017; (D) $400,000,000 for fiscal year 2018; and (E) $500,000,000 for fiscal year 2019. (2) Availability of amounts Amounts authorized to be appropriated under paragraph (1) shall remain available until expended. . 3. Integrated permitting process (a) In general Section 402(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a) (6) Integrated Permits (A) Definition of publicly owned permittee In this paragraph, the term publicly owned permittee (i) a treatment works (as defined in section 212) that is publicly owned; and (ii) a municipal separate storm sewer system referred to in this section. (B) Planning approach The Administrator shall establish a comprehensive and integrated planning approach to the obligations under this section of a publicly owned permittee— (i) under which permit obligations may be implemented according to a schedule that— (I) accounts for the financial capability of the publicly owned permittee; (II) prioritizes permit obligations according to the most cost-effective and environmentally beneficial outcomes; (III) accounts for the preexisting maintenance, operational, and regulatory obligations of the publicly owned permittee under this section; and (IV) enables the publicly owned permittee to implement innovative approaches to meet those obligations; and (ii) that accounts for changed circumstances in the obligations of the publicly owned permittee, such as— (I) new innovative treatment approaches; (II) new regulatory requirements; and (III) changes in financial capability. . (b) Duration of permits Section 402(b)(1)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(b)(1)(B) , except that a permit with a term of more than 5 years but not more than 25 years may be approved if the permittee has an approved integrated plan established under subsection (a)(6) 4. Combined sewage overflow long-term control plan Section 402(q) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(q) (4) Combined sewage overflow long-term control plan (A) In general The Administrator shall amend the CSO control policy to allow a publicly owned treatment work that has an approved long-term control plan to modify the plan to incorporate green infrastructure and energy-efficient technologies on a showing that the use of the technologies can cost-effectively help to meet the terms of the combined sewer overflow compliance obligations of the treatment work. (B) Compliance The Administrator shall allow a publicly owned treatment work 30 years to meet compliance obligations under long-term control plans modified under this paragraph. . 5. Environmental protection agency green infrastructure promotion Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq. (1) by redesignating section 519 ( 33 U.S.C. 1251 (2) by inserting after section 518 (33 U.S.C. 1377) the following: 519. Environmental protection agency green infrastructure promotion (a) In general The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance Assurance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into, permitting programs, planning efforts, research, technical assistance, and funding guidance. (b) Duties The Administrator shall ensure that the Office of Water— (1) promotes the use of green infrastructure in the programs of the Environmental Protection Agency; and (2) coordinates efforts to increase the use of green infrastructure with— (A) other Federal departments and agencies; (B) State, tribal, and local governments; and (C) the private sector. (c) Regional green infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, to promote and integrate the use of green infrastructure within the region that includes— (1) a plan for monitoring, financing, mapping, and designing the green infrastructure; (2) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (3) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. (d) Green infrastructure information-Sharing The Administrator shall promote green infrastructure information-sharing, including through an Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding green infrastructure approaches for— (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. (e) Green infrastructure portfolio standard The Administrator, in collaboration with State, tribal, and local water resource managers, shall establish voluntary measurable goals, to be known as the green infrastructure portfolio standard . 6. Updating of guidance (a) Definitions In this section: (1) Administrator The term Administrator (2) Affordability The term affordability (3) Financial capability The term financial capability (4) Guidance The term guidance Combined Sewer Overflows—Guidance for Financial Capability Assessment and Schedule Development (b) Updating (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet the criteria described in paragraph (2). (2) Criteria The criteria described in this paragraph are that, under the updated guidance— (A) in assessing financial capability of a community— (i) greater emphasis should be placed on local economic conditions; (ii) for regional systems, consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region; (iii) prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community; (iv) site-specific local conditions should be taken into consideration in analyzing financial capability; (v) a single measure of financial capability or affordability (such as median household income) should be viewed in the context of other economic measures, rather than as a threshold to be achieved; and (vi) (I) consideration should be given to the economic outlook of a community, including the potential impact of program requirements over time, in the development of implementation schedules; and (II) the assessment should take into consideration other essential community investments relating to water quality improvements; (B) with respect to the timing of implementation of water quality-related improvements— (i) environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements; and (ii) implementation schedules should reflect local community financial conditions and economic impacts; (C) with respect to implementation of methodologies— (i) a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities; and (ii) an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community; and (D) the residential indicator should be revised to include— (i) a consideration of costs imposed upon ratepayers for essential utilities; (ii) increased consideration and quantification of local community-imposed costs in regional systems; (iii) a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility; (iv) a consideration of the industrial and population trends of a community; (v) recognition that— (I) the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area; and (II) more representative methods of determining affordability, such as shelter costs, essential utility payments, and State and local tax efforts, should be considered; (vi) cash-flow forecasting rather than forecasting based on a snapshot evaluation of community financial capability; (vii) a consideration of low-income ratepayer percentages; and (viii) impacts relating to program delivery, such as water quality infrastructure market saturation and program management. (3) Implementation The updated guidance should indicate that, in a case in which a previously approved long-term control plan or associated enforceable agreement allows for modification of the plan or terms of the agreement (including financial capability considerations), and all parties are in agreement that a change is needed or that the plan or agreement contains a reopener provision to address changes in the economic or financial status of the community since the effective date of the plan or agreement, reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph (2) are appropriate. (c) Publication and Submission Upon completion of the updating of guidance under subsection (b), the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the updated guidance. (d) Authorization of Appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. | Clean Water Affordability Act of 2014 |
Great Lakes and Fresh Water Algal Bloom Information Act - Requires the National Oceanic and Atmospheric Administration (NOAA) to create an online database of research and information on the causes and corrective actions being taken with regard to algal blooms in the Great Lakes, their tributaries, and other surface fresh waters. Requires NOAA to include relevant chemical, physical, and biological data that have been collected by an accredited university, association or organization, research group, federal agency, state, or local government in the United States or Canada. Declares that this Act does not authorize NOAA to require the submission of additional data. | 113 S2798 IS: Great Lakes and Fresh Water Algal Bloom Information Act U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2798 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Portman Mr. Brown Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the National Oceanic and Atmospheric Administration to create an electronic database of research and information on the causes of, and corrective actions being taken with regard to, algal blooms in the Great Lakes, their tributaries, and other surface fresh waters, and for other purposes. 1. Short title This Act may be cited as the Great Lakes and Fresh Water Algal Bloom Information Act 2. Great Lakes algal blooms information database (a) In general The Administrator of the National Oceanic and Atmospheric Administration shall create an electronic database of research and information on the causes and corrective actions being taken with regard to algal blooms in the Great Lakes, their tributaries, and other surface fresh waters. (b) Contents The Administrator shall include in the database relevant chemical, physical, and biological data that have been collected by an accredited university, association, organization, research group, or Federal agency, State, or local government in the United States or Canada. (c) Confidentiality In creating and making information available through the database, the Administrator shall protect confidentiality of information in accordance with all applicable United States laws and regulations. (d) Annual report and availability of information The Administrator shall— (1) report to Congress each year comprehensive findings on information that was included in the database in the year covered by the report, including information regarding corrective actions being taken; and (2) make information in the database electronically available to the public. (e) Prohibition on additional submission of data This section may not be construed to authorize the Administrator to require the submission of additional data from any person or entity. | Great Lakes and Fresh Water Algal Bloom Information Act |
Satellite Television Access and Viewer Rights Act - Title I: Satellite Television - (Sec. 101) Amends the Communications Act of 1934 to extend until December 31, 2019, the exemption from retransmission consent requirements (which prohibit cable systems or other multichannel video programming distributors [MVPDs] from retransmitting broadcasting station signals without the authority of the originating station) for satellite retransmissions of network station signals to subscribers located outside of a station's local market who reside in unserved households (commonly referred to as "distant signals"). Extends until January 1, 2020: (1) the prohibition on exclusive retransmission consent contracts, and (2) the requirement that television broadcast stations and MVPDs negotiate in good faith. (Sec. 102) Limits the definition of "local market," in the case of both commercial and noncommercial television broadcast stations, to the designated market area in which a television broadcast station is located, including with respect to a commercial television broadcast station any modifications made by the Federal Communications Commission (FCC) under procedures set forth in this Act to add communities to or exclude communities from a station's local market following a written request. (Currently, the definition incorporates federal copyright laws that expand the definition of a local market to include all commercial television broadcast stations licensed to a community within the same designated market area, stations licensed to a community within the same designated market area as a noncommercial educational television broadcast station, and the county in which the station's community of license is located.) Requires designated market areas, for purposes of determining a satellite carrier's obligations to carry local television signals, to be determined by Nielsen Media Research. Allows the FCC, following a written request with respect to a particular commercial television broadcast station, to add communities to or exclude communities from a station's local market. Directs the FCC, in considering such requests, to afford particular attention to the value of localism by taking into account factors including: (1) whether the station has been carried historically within such community; (2) whether the station provides coverage or other local service to such community; (3) whether modifying the local market of the television station would promote consumers' access to television broadcast station signals that originate in their state of residence; (4) whether any other television station that is eligible to be carried by a satellite carrier in such community covers news, sporting, and other events of interest to the community; and (5) viewing patterns in households that subscribe and do not subscribe to MVPD services. Permits the FCC to determine that communities are part of more than one local market. Prohibits the FCC's market determinations from creating additional carriage obligations that are not technically and economically feasible for a satellite carrier by means of its satellites in operation at the time of the determination. Prohibits a satellite carrier from deleting from carriage the signal of a commercial television broadcast station during the pendency of any such proceeding. Requires the FCC's website to explain the market modification process, including information regarding: (1) who may petition to include communities within, or exclude communities from, a local market or television market; and (2) the factors the FCC takes into account. Title II: Video Policy Reforms - (Sec. 201) Directs the FCC to commence a rulemaking proceeding to revise regulations governing the exercise by television broadcast stations of the right to grant retransmission consent. Requires such revised regulations to prohibit television broadcast stations, unless such stations are under common de jure control permitted by the FCC, from: (1) coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market to grant retransmission consent to an MVPD, and (2) limiting the ability of an MVPD to carry a television signal that has been deemed significantly viewed (or any other television broadcast signal such distributor is authorized to carry under current laws governing the carriage of local, distant, or significantly viewed television signals by satellite carriers or the carriage of local commercial television signals by cable operators) into the local market of such station. Directs the FCC to review and update its totality of the circumstances test for good faith negotiations to ensure that the test encourages parties to a retransmission consent negotiation to present bona fide proposals and engage in timely negotiations. (Sec. 202) Requires the FCC's annual report on cable rates to include the aggregate average total amount that cable systems pay for retransmission consent. (Sec. 203) Terminates on the date that is two years after this Act's enactment the FCC's set-top box integration ban that prohibits MVPDs from placing in service new navigation devices that perform both conditional access and other functions in a single integrated device. Directs the FCC to convene a working group to identify and recommend standards for a not unduly burdensome, uniform, technology-neutral, software-based, downloadable security system that promotes the competitive availability of such devices. (Sec. 204) Requires the FCC to establish a streamlined process for the filing of effective competition petitions (if the FCC finds that a cable system is subject to effective competition, the rates for the provision of cable service by such system are not subject to regulation by the FCC, states, or franchising authorities) by small cable operators, particularly those that serve primarily rural areas. Prohibits this Act from being construed to have any effect on the duty of a small cable operator to prove the existence of effective competition. (Sec. 205) Requires the FCC to submit to Congress: (1) an analysis of consumers' access to broadcast programming from television broadcast stations located outside their local market, (2) alternatives to designated market areas to provide consumers with more local programming options, and (3) recommendations to increase localism in counties served by out-of-state designated market areas. Title III: Miscellaneous - Directs the FCC to prescribe regulations to implement this Act. Provides that if any provision of this Act is held to be unconstitutional, the other provisions shall not be affected. | 113 S2799 IS: Satellite Television Access and Viewer Rights Act U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2799 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Rockefeller Mr. Thune Committee on Commerce, Science, and Transportation A BILL To extend the authority of satellite carriers to retransmit certain television broadcast station signals, and for other purposes. 1. Short title This Act may be cited as the Satellite Television Access and Viewer Rights Act 2. References to Communications Act of 1934 Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. I Satellite television 101. Extension of authority Section 325(b) ( 47 U.S.C. 325(b) (1) in paragraph (2)(C), by striking December 31, 2014 December 31, 2019 (2) in paragraph (3)(C), by striking January 1, 2015 January 1, 2020 102. Modification of television markets to further consumer access to relevant television programming (a) In general Section 338 ( 47 U.S.C. 338 (1) in subsection (k)— (A) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively; (B) by inserting before paragraph (2), as redesignated, the following: (1) Designated market area The term designated market area ; and (C) by amending paragraph (5), as redesignated, to read as follows: (5) Local market The term local market ; and (2) by adding at the end the following: (l) Market determinations (1) In general Following a written request, the Commission may, with respect to a particular television broadcast station, include additional communities within its local market or exclude communities from such station’s local market to better effectuate the purposes of this section. (2) Considerations In considering requests filed under paragraph (1), the Commission— (A) may determine that particular communities are part of more than one local market; and (B) shall afford particular attention to the value of localism, including promoting a consumer's access to television signals that originate in the consumer's State of residence, by taking into account such factors as— (i) whether the station, or other stations located in the same area— (I) have been historically carried on the cable system or systems within such community; and (II) have been historically carried on the satellite carrier or carriers serving such community; (ii) whether the television station provides coverage or other local service to such community; (iii) whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and (iv) evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community. (3) Carriage of signals A satellite carrier shall not delete from carriage the signal of a commercial television station during the pendency of any proceeding under this subsection. (4) Determinations Not later than 120 days after the date that a written request is filed under paragraph (1), the Commission shall grant or deny the request. . (b) Conforming amendments Section 614(h)(1)(C) ( 47 U.S.C. 534(h)(1)(C) (1) in clause (ii)— (A) in the matter preceding subclause (I), by striking localism localism, including promoting consumer access to television signals that originate in a consumer's State of residence, (B) in subclause (II), by striking community community or on the satellite carrier or carriers serving such community (C) by amending subclause (IV) to read as follows: (IV) evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community. ; and (2) by moving the margin of clause (iv) 4 ems to the left. (c) Implementation As part of the rulemaking to implement the amendments made by this section, the Federal Communications Commission shall ensure that procedures for the filing and consideration of a written request under sections 338(l) and 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 338 II Video policy reforms 201. Consumer protections in retransmission consent (a) Joint retransmission consent negotiations Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) (1) in clause (ii), by striking and (2) in clause (iii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted by the Federal Communications Commission; . (b) Protections for significantly viewed and other television signals Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) (v) prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry a television signal that has been deemed significantly viewed, within the meaning of section 76.54 . (c) Per se violations Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) (vi) following an expiration of a retransmission consent agreement between a television broadcast station and a multichannel video programming distributor under this section, permit the Commission— (I) to request from the parties such information as it deems necessary to ensure that neither party has committed a per se violation of its duty to negotiate in good faith under this paragraph; and (II) to determine, based on the information collected under subclause (I) and in accordance with this Act, that a party to a retransmission consent negotiation has committed a per se violation of its duty to negotiate in good faith. . (d) Good faith Section 325(b)(3) ( 47 U.S.C. 325(b)(3) (D) Update to good faith rules The Commission shall commence a rulemaking to revise the regulations issued pursuant to subparagraph (C). That rulemaking shall— (i) consider whether each of the following constitutes a failure to negotiate in good faith as required by this paragraph— (I) the blocking of online content owned or controlled by a television broadcast station or a television network, or the act of soliciting, encouraging, or otherwise seeking to have another entity block access to online content, during retransmission consent negotiations or after the expiration of a retransmission consent agreement; and (II) allowing a television network to review and approve the rates, terms, and conditions of a retransmission consent agreement, or the material terms of such agreement, for any television broadcast station not wholly owned by such network; and (ii) review and update the Commission's totality of the circumstances test to ensure that such test encourages parties to a retransmission consent negotiation to present bona fide proposals on the material terms of a retransmission consent agreement during negotiations and engage in timely negotiations to reach an agreement. . (e) Conforming amendment Section 325(b)(7) ( 47 U.S.C. 325(b)(7) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) television network . (f) Margin corrections (1) Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) (2) Section 325(b) ( 47 U.S.C. 325(b) 202. Update to cable rates report Section 623(k) ( 47 U.S.C. 543(k) (k) Reports on average prices (1) In general The Commission shall annually publish statistical reports on the average rates for basic cable service and other cable programming, and for converter boxes, remote control units, and other equipment of cable systems that the Commission has found are subject to effective competition under subsection (a)(2) compared with cable systems that the Commission has found are not subject to such effective competition. (2) Inclusion in annual report The Commission shall include in its report under paragraph (1), the aggregate average total amount paid by cable systems per community in compensation under section 325. . 203. Competitive device availability (a) Termination of effectiveness (1) New navigation devices The authority provided by the second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, terminates effective on the date that is 2 years after the date of enactment of this Act. (2) Revision of regulations Not later than 910 days after the date of enactment of this Act, the Federal Communications Commission shall revise its regulations to strike the sentence described in paragraph (1) and make any necessary conforming revisions to its regulations. (b) Working Group (1) In general Not later than 60 days after the date of enactment of this Act, the Chairman of the Federal Communications Commission shall convene a working group of technical experts representing a wide range of stakeholders, to identify and report performance objectives, technical capabilities, and technical standards of a non-burdensome, uniform, and technology- and platform-neutral software-based downloadable security system designed to promote the competitive availability of navigation devices in furtherance of section 629 of the Communications Act of 1934 ( 47 U.S.C. 549 (2) Report Not later than 540 days after the date of enactment of this Act, the working group shall file a report with the Federal Communications Commission on its work under paragraph (1). (3) Commission assistance The Chairperson of the Federal Communications Commission may appoint a member of the Commission's staff— (A) to moderate and direct the work of the working group under this subsection; and (B) to provide technical assistance to members of the working group, as appropriate. (4) Initial meeting The initial meeting of the working group shall take place not later than 180 days after the date of the enactment of this Act. 204. Administrative reforms to effective competition petitions Section 623 ( 47 U.S.C. 543 (o) Streamlined petition process for small cable operators (1) In general Not later than 180 days after the date of enactment of the Satellite Television Access and Viewer Rights Act (2) Construction Nothing in this subsection shall be construed to have any effect on the duty of a small cable operator to prove the existence of effective competition under this section. (3) Definition of small cable operator In this subsection, the term small cable operator . III Miscellaneous 301. Implementation Except as otherwise expressly provided, the Federal Communications Commission shall prescribe regulations to implement the requirements of this Act, and any amendments made by this Act, not later than 270 days after the date of enactment. 302. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the Act, the amendments made by the Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby. | Satellite Television Access and Viewer Rights Act |
Patient Centered Quality Care for Life Act - Directs the Secretary of Health and Human Services (HHS) to convene a Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit to analyze health system barriers to patient-centered care and make recommendations to improve patient-centered care and address quality of life concerns for individuals with serious, complex, and chronic illness and their families. Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to award grants to increase demand for and delivery of integrated, patient-centered care to improve the quality of life of seriously ill patients. Directs the Administrator of the Health Resources and Services Administration (HRSA) to award health care professional workforce training grants to promote quality of life focused clinical core competencies across clinical specialties that serve patients who are seriously ill or have complex chronic disease. Requires the Secretary to update and expand the September 2002 HRSA report "The Supply, Demand and Use of Palliative Care Physicians in the United States" and to establish a Quality of Life Cross-Agency Advisory Committee to disseminate findings on best practices and to assist the CDC and HRSA in conducting the grant programs established by this Act. Requires the Director of the National Institutes of Health (NIH) to develop and implement a strategy to expand national research programs in symptom management, palliative, psychosocial, and survivorship care in accordance with the Advisory Committee's recommendations. | 113 S2800 IS: Patient Centered Quality Care for Life Act U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2800 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Begich Mr. King Committee on Health, Education, Labor, and Pensions A BILL To create a patient-centered quality of care initiative for seriously ill patients through the establishment of a stakeholder strategic summit, quality of life education and awareness initiative, health care workforce training, an advisory committee, and palliative care focused research, and for other purposes. 1. Short title This Act may be cited as the Patient Centered Quality Care for Life Act 2. Findings Congress finds the following: (1) Studies demonstrate that, despite very high health expenditures, seriously ill patients are not satisfied with the quality of their medical care, characterized by untreated symptoms, unmet psychosocial and personal care needs, high caregiver burden, and low patient and family satisfaction. (2) Health care delivery systems in the United States are not set up to address the complex chronic care needs that are increasingly becoming the norm for more patients and survivors (and family caregivers of such patients and survivors) facing serious illness like cancer; heart, renal and liver failure; lung disease; Alzheimer’s disease and related dementias, which are care needs that can span over many years or even decades and impose significant burdens on family caregivers. (3) Public outreach and education for seriously ill patients, survivors, and their families to improve awareness of and demand for the benefits of integrating symptom management alongside disease-directed treatment is essential to improving the quality of life of patients, survivors, and their families, which should be an integral element of quality health care. (4) Palliative care is specialized medical care for seriously ill patients. This type of care is focused on providing patients with relief from the symptoms, pain, and stresses of a serious illness—whatever the diagnosis. The goal is to improve quality of life for both the patient and the family. Palliative care is provided by a team of doctors, nurses, and other specialists who work with a patient’s other doctors to provide an extra layer of support. Palliative care is appropriate at any age and at any stage in a serious illness, and can be provided together with curative treatment. (5) Medical teams that help patients manage pain and stress during, alongside, and after treatment provide patients with better quality of life. Evidence-based research shows that such care may also lead to increased survival. These teams also reduce preventable suffering and caregiver breakdown. (6) Patients receiving palliative or coordinated care feel better and are more likely to keep their doctor’s appointments, complete their treatment, and take their medications. If patient disease-related and treatment-related symptoms such as pain, nausea, depression, fatigue, and breathlessness are managed, patients are more likely to eat well, exercise, socialize, and take pleasure in things that can help them feel better emotionally and physically and help them fight chronic illness. (7) A 2010 Harris Interactive poll commissioned by the American Cancer Society Cancer Action Network (ACSCAN) among cancer patients, survivors, and their family caregivers found that fewer than one-third of the patients and survivors were asked by their doctor about what is important to such patients and survivors in terms of quality of life. In that same poll, fewer than one-third of the patients and survivors were asked if they were having stress, depression, anxiety, or other emotional concerns related to the cancer or discussed ways to help with those emotional effects, though more than one-third of such patients and survivors said they had these emotional concerns. (8) A report commissioned by the Health Resources Service Administration (HRSA) in 2002 projected significant shortfalls in the number of palliative medicine specialists in the United States and called for increased education and training in symptom assessment and management and other palliative care core competencies across all clinical specialties serving seriously ill patients. Several Institute of Medicine cancer reports, including on palliative care in 2001, survivorship in 2006, psychosocial care in 2007, and pain in 2011 have also consistently signaled the need for skills training to improve health professional communication with patients and families regarding symptoms, establishing goals of care, tailoring treatments to those goals, and other quality of life concerns. 3. National patient-centered health care and quality of life stakeholder strategic summit (a) Summit Not later than one year after the date of the enactment of this section, the Secretary of Health and Human Services shall convene a Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit (in this Act to be referred to as the Summit (1) analyze key health system barriers to providing patient-centered health care that integrates symptom management and other aspects of coordinated or palliative care; and (2) identify strategic solutions for collectively addressing quality of life concerns for the rapidly expanding population of patients and survivors facing serious, complex, and chronic illness in the United States and for the families of such patients and survivors. (b) Participants The Summit shall include representatives from at least the following: (1) Federal agencies, including— (A) the Department of Health and Human Services, including from the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institutes of Health; (B) the Department of Veterans Affairs; and (C) the Department of Defense. (2) Private organizations, including— (A) health professional organizations that represent physicians, nurses, pharmacists, and social workers; (B) patient non-profit organizations (as defined in section 4(g)); (C) private health insurance organizations; (D) faith community representatives; and (E) other professionals as deemed appropriate by the Secretary. (c) Steering Committee (1) In general The Secretary shall establish a Summit Steering Committee to plan the Summit, coordinate participants of the Summit, develop an agenda for the Summit that is in accordance with subsection (d), and draft a summary report detailing recommendations made by the participants of the Summit for a national strategic action agenda to improve patient-centered care and quality of life (in this Act to be referred to as the National Action Agenda (2) Composition The Summit Steering Committee shall consist of at least the following members: (A) Members from Federal agencies (i) The Secretary, who will serve as chair of the Committee. (ii) Four representatives from Federal agencies described in subsection (b) (or any other Federal agency deemed appropriate by the Secretary), to be appointed by the Secretary. (B) Members representing stakeholder entities (i) Six representatives of health professionals (with each of such 6 representatives having research, clinical, and teaching or mentoring expertise). (ii) Three representatives of patient advocacy organizations. (iii) One representative of a private health insurance organization. (iv) One representative of faith communities. (v) Two physicians. (vi) Two nurses. (vii) One social worker. (d) Agenda The agenda for the Summit shall focus on specific areas that include at least the following: (1) Improving communication and coordination of health care among primary care providers, medical specialists, and other health professionals and seriously ill patients and families of such patients to ensure that symptoms are managed and other quality of life needs are met to support the continued functioning and well-being of such patients. (2) Examining the appropriate roles of both physician and non-physician professionals (such as nurse practitioners, clinical social workers, physician assistants, and other patient or survivor navigators or case coordinators) in strengthening access to integrated, coordinated, or palliative care across care settings for all seriously ill patients and families of such patients. (3) Examining the role of health information technology in promoting delivery of integrated care to such patients. (4) Developing recommendations for a National Action Agenda, which shall specify research, surveillance, health information technology, workforce training, delivery of care, and communication activities required to collectively address barriers to achieving integrated palliative care for seriously ill patients in all care settings. Such agenda shall include strategies for reducing disparities among medically underserved populations. (e) Report Not later than one year after the last day of the Summit, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the recommendations made by the participants of the Summit and shall make such recommendations available to the public. (f) Seriously ill patient defined For purposes of this Act, the term seriously ill patient 26 U.S.C. 2911(11) (g) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2018. 4. Quality of life patient and professional awareness grants program initiative Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. W Programs Relating to Palliative Care 399OO. Quality of life patient and professional awareness grants program initiative (a) In general Not later than 6 months after the date of the submission of the report by the Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit under section 3(e) of the Patient Centered Quality Care for Life Act (b) Eligible entities For purposes of this section, an eligible entity includes only a State health department, community health center, State or territory program supported by the National Comprehensive Cancer Control Program of the Centers for Disease Control and Prevention, health profession school, chronic disease or cancer center, academic medical center, physician practice, home health care agency, palliative care or psychosocial care team (as defined in subsection (g)), hospice program, patient non-profit organization (as defined in subsection (g)), clinical pastoral education program, long-term care facility, faith community organization, or other public or private entity or organization addressing patient-centered care and quality of life concerns of seriously ill patients. (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Director may require, including assurances that the entity will— (1) evaluate programs carried out by the entity through a grant provided under this section; (2) submit to the Secretary a report on the findings of such evaluations; and (3) coordinate the dissemination of such findings with the Secretary. (d) Use of funds An entity awarded a grant under this section shall use such grant to carry out programs described in subsection (e), for patients and families of such patients that further the purposes described in subsection (a). (e) Programs Programs described in this subsection, for which a grant awarded under this section may be used, include programs to— (1) navigate the health system, including assistance to patients with finding health professionals to support quality of life needs, care decisionmaking and coordination, and transitions across care settings; (2) provide general advocacy on behalf of patients and survivors to provide patients information to help them effectively communicate with health care providers about pain, physical and psychosocial symptoms, and barriers they are facing in adhering to curative or disease-directed treatments; (3) encourage health professionals to request coordinated patient-centered care consults for patients that are integrated alongside disease directed treatment in various care settings; and (4) collect and analyze data related to the effectiveness of the initiative under subsection (a). (f) Priority In carrying out the grant program under this section, the Secretary shall give priority to applications that include an emphasis on addressing outreach efforts for seriously ill patients who are among medically underserved populations (as defined in section 1302(7)) and families of such patients or health professionals serving medically underserved populations. Such populations would include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Secretary. (g) Definitions For purposes of this section: (1) Psychosocial care team The term psychosocial care team (2) Patient non-profit organization The term patient non-profit organization (h) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary. . 5. Professional workforce training grants program initiative Part W of title III of the Public Health Service Act, as added by section 4, is amended by adding at the end the following new section: 399OO–1. Professional workforce training grants program initiative (a) Initiative (1) In general Not later than 6 months after the date of the submission of the report by the Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit under section 3(e) of the Patient Centered Quality Care for Life Act, the Secretary, through the Administrator of the Health Resources and Services Administration, shall establish a health care professional workforce training grants program initiative for the purposes of promoting and enhancing symptom assessment and management, communications skills, coordinated patient-centered care, and other quality of life focused clinical core competencies (as described in paragraph (2)) across all clinical specialties that serve seriously ill patients and patients with multiple or complex chronic diseases, such as patients with cancer; heart, renal, and liver failure; lung disease; and Alzheimer’s disease and related dementias. Under such initiative, the Secretary shall, subject to subsection (i), award competitive grants to eligible entities to provide evidence-based training and develop new training for health professionals, including physicians, nurses, social workers, and professional chaplains for the purposes described in the previous sentence. (2) Quality of life focused clinical core competencies described For purposes of paragraph (1), quality of life focused clinical core competencies include, at a minimum, the assessment and management of physical, psychological, and spiritual symptoms; establishment of patient-centered goals of care; support to patient and family caregivers; and management of transitions across care sites. (b) Eligible entities For purposes of subsection (a), an eligible entity is an entity described in section 399OO(b). (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the entity will— (1) evaluate programs carried out by the entity through the grant provided under this section; (2) submit to the Secretary a report on the findings of such evaluations; and (3) coordinate the dissemination of such findings with the Secretary. (d) Use of funds An entity awarded a grant under this section shall use such grant to carry out programs described in subsection (e) to train health care professionals described in subsection (a)(1) for the purposes described in such subsection. (e) Programs Programs described in this subsection, for which a grant awarded under this section may be used, include programs to— (1) enhance health professional communication skills in caring for seriously ill patients and survivors, establishing goals of care, and tailoring treatments; (2) improve health profession identification of patient populations that benefit from coordinated palliative care and appropriate referral of patients for consultations with specialized interdisciplinary palliative care teams; (3) improve health professional skills in symptoms assessment and management, developing comprehensive care coordination and discharge plans to support transitions across care settings, managing patients with complex or multiple chronic conditions, and preparing survivorship care plans; (4) promote quality of life focused clinical core competencies (as described in subsection (a)(2)) across all clinical specialties serving seriously ill patients; (5) provide technical assistance to hospitals and other care settings to establish coordinated palliative care teams; (6) create and expand coordinated palliative care leadership centers (as defined in subsection (h)); (7) provide mentoring and training to health professionals; (8) improve cultural sensitivity communication and patient care for minority and medically underserved populations, including by addressing the particular needs of children, adolescents, and families of such children and adolescents; racial and ethnic groups; and other medically underserved patient and survivor populations; and (9) collect and analyze data related to the effectiveness of health professional education and training efforts carried out pursuant to this section. (f) Priority In carrying out the grant program under this section, the Secretary shall give priority to applications that include an emphasis on addressing outreach efforts for seriously ill patients who are among medically underserved populations (as defined in section 1302(7)) and families of such patients or health professionals serving medically underserved populations. Such populations would include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Secretary. (g) Study Not later than one year after the date of the enactment of the Patient Centered Quality Care for Life Act The Supply, Demand and Use of Palliative Care Physicians in the United States (h) Palliative care leadership center defined For purposes of this section, the term palliative care leadership center (1) that trains hospital palliative care programs; (2) that provides intensive operational training and mentoring for palliative care programs at every stage of development and growth; and (3) that provides training oriented to teams rather than individuals, and involves participation by teams of hospital and hospice health care professionals involved in starting or running a palliative care program, including physicians, nurses, social workers, administrators and financial managers. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2019. . 6. Quality of life cross-agency advisory committee Part W of title III of the Public Health Service Act, as added by section 4 and amended by section 5, is further amended by adding at the end the following new section: 399OO–2. Quality of life cross-agency advisory committee (a) Establishment Not later than 90 days after the date of the enactment of this section and subject to subsection (e), the Secretary shall establish a Quality of Life Cross-Agency Advisory Committee (in this section to be referred to as the Advisory Committee (b) Membership The Advisory Committee shall be composed of members who shall be appointed by the Secretary and shall include representatives of— (1) the Department of Health and Human Services, including from the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institutes of Health; (2) the Department of Veterans Affairs; (3) the Department of Defense; (4) public and private organizations with expertise in patient-centered care, palliative care, psychosocial care, and symptom management and survivorship; and (5) such other representatives as the Secretary deems necessary. (c) Duties The Advisory Committee shall— (1) evaluate the results of the programs funded by the grants awarded under section 399OO(b) and under section 399OO–1(b); (2) coordinate and implement a cross-agency strategic plan, with respect to the agencies specified in subsection (b), to disseminate findings from such programs; (3) advise the Secretary of Health and Human Services on strategies for disseminating across agencies specified in subsection (b) recommendations from the National Action Agenda described in section 3(c)(1) of the Patient Centered Quality Care for Life Act (4) consider and summarize recent advances achieved in symptom management and survivorship research relevant to the goals of this part and make recommendations to the Director of the National Institutes of Health on gaps in basic, clinical, behavioral, or other research required to achieve further improvements in care to support quality of life and survivorship; (5) develop a strategy for developing new and enhancing health surveillance tools used to track symptoms, late effects, and quality care trends over time, including national surveys of the overall population of the United States, such as the National Health Interview Survey and the Behavioral Risk Factor Surveillance System conducted by the Centers for Disease Control and Prevention and the Health Information National Trends Survey conducted by the National Institutes of Health, as well as administrative databases and disease registries such as databases of the Centers for Medicare & Medicaid Services, the Surveillance Epidemiology and End Results (SEER) cancer registries program of the National Cancer Institute, the SEER–Medicare Linked Database of the National Cancer Institute, and the National Program of Cancer Registries of the Centers for Disease Control and Prevention; and (6) make appropriate updates and addendums annually to the National Action Agenda. (d) Meetings The Advisory Committee shall meet at least once a year. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2019. . 7. Enhancing research in support of patient quality of life (a) In general Part W of title III of the Public Health Service Act, as added by section 4 and amended by sections 5 and 6, is further amended by adding at the end the following new section: 399OO–3. Enhancing research in support of patient quality of life (a) In general The Secretary, acting through the Director of the National Institutes of Health, shall develop and implement a strategy to be applied across the institutes and centers of the National Institutes of Health that is in accordance with recommendations of the Advisory Committee established under section 399OO–2 to expand national research programs in symptom management, palliative, psychosocial, and survivorship care. (b) Research programs The Director of the National Institutes of Health shall expand and intensify research programs in symptom management and palliative, psychosocial, and survivorship care and research programs that address the quality of life needs for the rapidly growing population in the United States of seriously ill patient (with illnesses such as cancer; heart, renal and live failure; lung disease; and Alzheimer’s disease and related dementias). . (b) Expanding Trans-NIH research reporting To include quality of life and survivorship research (1) In general Section 402A(c)(2)(B)(i) of the Public Health Service Act ( 42 U.S.C. 282a(c)(2)(B)(i) and for conducting or supporting research with respect to quality of life and survivorship or national centers (2) Effective date The amendment made by paragraph (1) shall apply with respect to reports required on or after January 1, 2014. | Patient Centered Quality Care for Life Act |
Heath Care Consumer Choices Preservation Act - Prohibits automatic renewal for 2015 of an individual's health plan purchased through a health exchange for coverage in 2014 unless the 2015 premiums are the same as the 2014 premiums (before and after federal subsidies) or the individual requests automatic renewal. | 113 S2801 IS: Heath Care Consumer Choices Preservation Act U.S. Senate 2014-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2801 IN THE SENATE OF THE UNITED STATES September 11, 2014 Mr. Enzi Mr. Thune Committee on Health, Education, Labor, and Pensions A BILL To provide for conditions on the renewal of health insurance plans purchased through Exchanges. 1. Short title This Act may be cited as the Heath Care Consumer Choices Preservation Act 2. Conditions on renewal of health plans purchased through exchanges (a) In general Notwithstanding any other provision of law, a qualified health plan purchased by an individual through an American Health Benefit Exchange for plan year 2014 shall not be automatically renewed with respect to such individual for plan year 2015 unless— (1) the plan premium for plan year 2015 is the same as the plan premium for plan year 2014; or (2) the individual requests such automatic renewal of the plan. (b) Determination of premium A plan may be automatically renewed as described in subsection (a)(1) only if the cost of the premium to the individual would be the same for plan year 2015 as for plan year 2014, before and after application of a premium assistance credit under section 36B of the Internal Revenue Code of 1986, as applicable. | Heath Care Consumer Choices Preservation Act |
Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers. | 118 S1268 IS: Strengthening Research in Adult Education Act U.S. Senate 2023-04-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1268 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Reed Mr. Young Committee on Health, Education, Labor, and Pensions A BILL To amend the Education Sciences Reform Act of 2002 and the Educational Technical Assistance Act of 2002 to strengthen research in adult education. 1. Short title This Act may be cited as the Strengthening Research in Adult Education Act 2. Strengthen research in adult education (a) Education sciences reform act of 2002 The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) in section 102 ( 20 U.S.C. 9501 (A) by redesignating paragraphs (2) through (8), (9) through (13), (14) through (22), and (23), as paragraphs (3) through (9), (11) through (15), (17) through (25), and (27), respectively; (B) by inserting after paragraph (1) the following: (2) Adult education; adult education and literacy activities The terms adult education adult education and literacy activities 29 U.S.C. 3272 ; (C) by inserting after paragraph (9), as redesignated by subparagraph (A), the following: (10) Digital literacy skills The term digital literacy skills 20 U.S.C. 9101 ; (D) by inserting after paragraph (15), as redesignated by subparagraph (A) the following: (16) Information literacy skills The term information literacy skills ; and (E) by inserting after paragraph (25), as redesignated by subparagraph (A), the following: (26) Student Unless otherwise provided, the term student ; (2) in section 111(b)(1) ( 20 U.S.C. 9511(b)(1) , and adult education postsecondary study (3) in section 115(a) ( 20 U.S.C. 9515(a) (A) in the matter preceding paragraph (1), by inserting the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (B) in paragraph (2)— (i) in subparagraph (A), by striking children individuals (ii) in subparagraph (B), by striking and (iii) by redesignating subparagraph (C) as subparagraph (D); and (iv) by inserting after subparagraph (B) the following: (C) access to, and opportunities for, adult education and literacy activities; and ; (4) in section 116(c)(4)(A)(ii) ( 20 U.S.C. 9516(c)(4)(A)(ii) (A) by inserting adult educators, professional educators, (B) by inserting State directors of adult education, postsecondary education executives, (5) in section 131(b)(1) ( 20 U.S.C. 9531(b)(1) (A) in subparagraph (C), by striking and (B) in subparagraph (D), by inserting and (C) by adding at the end the following: (E) improve the literacy, numeracy, digital literacy skills, and information literacy skills of individuals who need adult education; ; (6) in section 133 ( 20 U.S.C. 9533 (A) in subsection (a)— (i) in paragraph (10)(D), by striking and (ii) in paragraph (11), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (12) carry out research initiatives regarding the impact of adult education and literacy activities, including— (A) research into successful State and local adult education and literacy activities that— (i) result in increased literacy, numeracy, digital literacy skills, information literacy skills, and educational attainment for adult learners; or (ii) prepare students for postsecondary education or employment; and (B) research to determine which indicators of performance and measurable skills gains are most effective, valid, reliable, and accessible for use across a broad range of adult education and literacy programs to assess the progress of adult learners and improve instruction in adult education and literacy programs. ; and (B) in subsection (c)— (i) in paragraph (1), by inserting At least 1 center shall be assigned the topic of adult education. paragraph (2). (ii) in paragraph (2)— (I) by striking subparagraph (A) and inserting the following: (A) Adult education. ; (II) by redesignating subparagraphs (C) through (K) as subparagraphs (E) through (M), respectively; and (III) by inserting after subparagraph (B) the following: (C) Digital literacy skills. ; (D) Information literacy skills. ; (7) in section 153(a)(1) ( 20 U.S.C. 9543(a)(1) (A) by striking subparagraph (D) and inserting the following: (D) secondary school graduation and completion rates, including the four-year adjusted cohort graduation rate and the extended-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act ( 20 U.S.C. 7801 ; (B) by redesignating subparagraphs (F) through (O) as subparagraphs (G) through (P), respectively; (C) by inserting after subparagraph (E) the following: (F) access to, and opportunity for, adult education and literacy activities; ; and (D) in subparagraph (L), as redesignated by subparagraph (B), by inserting and in adult education secondary schools (8) in section 154(b)(2)(A) ( 20 U.S.C. 9544(b)(2)(A) vocational and adult education, career and technical education, adult education, (9) in section 172(a)(2) ( 20 U.S.C. 9562(a)(2) (A) in subparagraph (D), by striking and (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) educational practices that improve digital literacy skills and information literacy skills; and . (b) Educational technical assistance act of 2002 Section 206(b)(2) of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9605(b)(2) (1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; and (2) by inserting after subparagraph (A) the following: (B) Representatives of local or regional adult education providers. . | Strengthening Research in Adult Education Act |
Family Asthma Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to collaborate with state and local health departments to: (1) conduct activities regarding asthma, including deterring the harmful consequences of uncontrolled asthma, and disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma; and (2) develop state plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. Revises and expands requirements for asthma surveillance activities. Requires the Director to coordinate data collection activities to maximize the comparability of results. Requires the Secretary of Health and Human Services (HHS) to submit an assessment of current activities related to asthma prevention, management and surveillance along with recommendations for the future direction of asthma activities. | 113 S2804 IS: Family Asthma Act U.S. Senate 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2804 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mrs. Gillibrand Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with regard to research on asthma, and for other purposes. 1. Short title This Act may be cited as the Family Asthma Act 2. Findings Congress finds the following: (1) The number of people ever diagnosed with asthma increased by 50 percent between 1998 and 2012. According to the Centers for Disease Control and Prevention, in 2012 more than 25,500,000 Americans had been diagnosed with asthma, including an estimated 6,800,000 children. (2) According to the Centers for Disease Control and Prevention, in 2010 more than 3,400 Americans died from asthma. The rate of mortality from asthma is higher among African-Americans and women. (3) The Centers for Disease Control and Prevention report that asthma accounted for approximately 480,000 hospitalizations and 2,100,000 visits to hospital emergency departments in 2009. (4) According to the Centers for Disease Control and Prevention, the annual cost of asthma to the United States is approximately $56,000,000,000, including $5,900,000,000 in indirect costs from lost productivity. (5) According to the Centers for Disease Control and Prevention, 10,500,000 school days and 14,200,000 work days are missed annually as a result of asthma. (6) Asthma episodes can be triggered by both outdoor air pollution and indoor air pollution, including pollutants such as cigarette smoke and combustion by-products. Asthma episodes can also be triggered by indoor allergens such as animal dander and outdoor allergens such as pollen and molds. (7) Public health interventions and medical care in accordance with existing guidelines have been proven effective in the treatment and management of asthma. Better asthma management could reduce the numbers of emergency department visits and hospitalizations due to asthma. Studies published in medical journals have shown that better asthma management results in improved asthma outcomes at a lower cost. (8) In 2011, the Centers for Disease Control and Prevention reported that less than half of people with asthma had been taught how to avoid asthma triggers. More education about triggers, proper treatment, and asthma management methods is needed. (9) The alarming rise in the prevalence of asthma, its adverse effect on school attendance and productivity, and its cost for hospitalizations and emergency room visits, highlight the importance of public health interventions, including increasing awareness of asthma as a chronic illness, its symptoms, the role of both indoor and outdoor environmental factors that exacerbate the disease, and other factors that affect its exacerbations and severity. The goals of the Federal Government and its partners in the nonprofit and private sectors should include reducing the number and severity of asthma attacks, asthma's financial burden, and the health disparities associated with asthma. 3. Asthma-related activities of the centers for disease control and prevention Section 317I of the Public Health Service Act ( 42 U.S.C. 247b–10 317I. Asthma-related activities of the centers for disease control and prevention (a) Program for Providing Information and Education to the Public The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to conduct activities, including the provision of information and education to the public regarding asthma including— (1) deterring the harmful consequences of uncontrolled asthma; and (2) disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma. (b) Development of State Asthma Plans The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to develop State plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. (c) Compilation of Data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in cooperation with State and local public health officials— (1) conduct asthma surveillance activities to collect data on the prevalence and severity of asthma, the effectiveness of public health asthma interventions, and the quality of asthma management, including— (A) collection of household data on the local burden of asthma; (B) surveillance of health care facilities; and (C) collection of data not containing individually identifiable information from electronic health records or other electronic communications; (2) compile and annually publish data regarding the prevalence and incidence of childhood asthma, the child mortality rate, and the number of hospital admissions and emergency department visits by children associated with asthma nationally and in each State and at the county level by age, sex, race, and ethnicity, as well as lifetime and current prevalence; and (3) compile and annually publish data regarding the prevalence and incidence of adult asthma, the adult mortality rate, and the number of hospital admissions and emergency department visits by adults associated with asthma nationally and in each State and at the county level by age, sex, race, ethnicity, industry, and occupation, as well as lifetime and current prevalence. (d) Coordination of Data Collection The Director of the Centers for Disease Control and Prevention, in conjunction with State and local health departments, shall coordinate data collection activities under subsection (c)(2) so as to maximize the comparability of results. (e) Collaboration (1) In general The Centers for Disease Control and Prevention are encouraged to collaborate with national, State, and local nonprofit organizations to provide information and education about asthma, and to strengthen such collaborations when possible. (2) Specific activities The Division of Adolescent and School Health is encouraged to expand its activities with non-Federal partners, especially State-level entities. (f) Additional funding In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out this section, there is authorized to be appropriated to such Centers such sums as may be necessary for each of fiscal years 2015 through 2019 for the purpose of carrying out this section. (g) Report to Congress (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall, in consultation with patient groups, nonprofit organizations, medical societies, and other relevant governmental and nongovernmental entities, submit to Congress a report that— (A) catalogs, with respect to asthma prevention, management, and surveillance— (i) the activities of the Federal Government, including an assessment of the progress of the Federal Government and States, with respect to achieving the goals of the Healthy People 2020 initiative; and (ii) the activities of other entities that participate in the program under this section, including nonprofit organizations, patient advocacy groups, and medical societies; and (B) makes recommendations for the future direction of asthma activities, in consultation with researchers from the National Institutes of Health and other member bodies of the National Asthma Education and Prevention Program who are qualified to review and analyze data and evaluate interventions, including— (i) description of how the Federal Government may improve its response to asthma including identifying any barriers that may exist; (ii) description of how the Federal Government may continue, expand, and improve its private-public partnerships with respect to asthma including identifying any barriers that may exist; (iii) the identification of steps that may be taken to reduce the— (I) morbidity, mortality, and overall prevalence of asthma; (II) financial burden of asthma on society; (III) burden of asthma on disproportionately affected areas, particularly those in medically underserved populations (as defined in section 330(b)(3)); and (IV) burden of asthma as a chronic disease; (iv) the identification of programs and policies that have achieved the steps described under clause (iii), and steps that may be taken to expand such programs and policies to benefit larger populations; and (v) recommendations for future research and interventions. (2) Updates to Congress (A) Congressional request During the 5-year period following the submission of the report under paragraph (1), the Secretary shall submit updates and revisions of the report upon the request of the Congress. (B) Five-year reevaluation At the end of the 5-year period following the submission of the report under paragraph (1), the Secretary shall evaluate the analyses and recommendations made under such report and determine whether a new report to the Congress is necessary, and make appropriate recommendations to the Congress. . | Family Asthma Act |
Dependent Care Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) establish tax-exempt dependent care savings accounts to pay the employment-related expenses of caring for a dependent of the taxpayer, (2) allow a deduction from gross income (above-the-line deduction) of up to $5,000 in a taxable year for cash contributions to such accounts, (3) set forth rules for the tax treatment of account distributions and for excess contributions to an account, and (4) impose a tax on employers who fail to make comparable contributions to a dependent savings account for all participating employees. | 113 S2806 IS: Dependent Care Savings Account Act of 2014 U.S. Senate 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2806 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mr. Vitter Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for dependent care savings accounts. 1. Short title This Act may be cited as the Dependent Care Savings Account Act of 2014 2. Dependent care savings accounts (a) In general Part VII of subchapter B of chapter 1 224. Dependent care savings accounts (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of the individual to a dependent care savings account of such individual. (b) Limitation (1) In general The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed the lesser of— (A) $5,000, or (B) the individual’s earned income (within the meaning of section 21) for such taxable year. (2) Coordination with dependent care assistance benefits The limitation which would (but for this paragraph) apply under paragraph (1) to an individual for any taxable year shall be reduced (but not below zero) by the aggregate amount excludable from the individual’s gross income for such taxable year under section 129. (c) Dependent care savings account For purposes of this section— (1) In general The term dependent care savings account (A) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any account beneficiary in excess of $10,000. (B) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified dependent care expenses The term qualified dependent care expenses (3) Account beneficiary The term account beneficiary (4) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Except as provided in section 129, section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 223(b)(6) (relating to denial of deduction to dependents). (E) Section 408(g) (relating to community property laws). (F) Section 408(h) (relating to custodial accounts). (d) Tax treatment of accounts (1) In general A dependent care savings account is exempt from taxation under this subtitle unless such account has ceased to be a dependent care savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511. (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to dependent care savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified dependent care expenses. (e) Tax treatment of distributions (1) Amounts used for qualified dependent care expenses Any amount paid or distributed out of a dependent care savings account which is used exclusively to pay qualified dependent care expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified dependent care expenses Any amount paid or distributed out of a dependent care savings account which is not used exclusively to pay the qualified dependent care expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any dependent care savings account of an individual, paragraph (2) shall not apply to distributions from the dependent care savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution (4) Additional tax on distributions not used for qualified dependent care expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a dependent care savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from a dependent care savings account to the account beneficiary to the extent the amount received is paid into a dependent care savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a dependent care savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a dependent care savings account which was not includible in the individual's gross income because of the application of this paragraph. (6) Coordination with dependent care credit For purposes of determining the amount of the credit under section 21, any payment or distribution out of a dependent care savings account for qualified dependent care expenses shall not be treated as employment-related expenses. (7) Transfer of account incident to divorce; treatment after death Rules similar to the rules of paragraphs (7) and (8) of section 223 shall apply with respect to dependent care savings accounts. (f) Reports The Secretary may require the trustee of a dependent care savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. . (b) Deduction allowed in computing adjusted gross income Subsection (a) of section 62 (22) Dependent care savings accounts The deduction allowed by section 224(a). . (c) Exclusion of employer contributions Section 129 (f) Contributions to dependent care savings accounts (1) In general Gross income of an employee does not include amounts contributed by an employee’s employer to any dependent care savings account (as defined in section 224) of such employee to the extent such amounts do not exceed the limitation under section 224(b)(1) which is applicable to such employee for such taxable year. (2) Cross reference For penalty on failure by employer to make comparable contributions to the dependent care savings accounts of comparable employees, see section 4980H. . (d) Tax on excess contributions Section 4973 (1) in subsection (a), by striking or or (6) a dependent care savings account (as defined in section 224), , and (2) by adding at the end the following new subsection: (h) Excess contributions to dependent care savings accounts For purposes of this section, in the case of a dependent care savings account (as defined in section 224), the term excess contributions (1) the aggregate amount contributed for the taxable year to the account (other than a rollover contribution described in section 224(e)(5)) which is neither excludable from gross income under section 129 nor allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the account which were included in gross income under section 224(e)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b)(1) for the taxable year, over (ii) the amount contributed to the account for the taxable year. . (e) Failure of employer To make comparable dependent care savings account contributions Chapter 43 4980J. Failure of employer to make comparable dependent care savings account contributions (a) General rule In the case of an employer who makes a contribution to the dependent care savings account of any employee during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year. (b) Rules and requirements Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section. (c) Regulations The Secretary shall issue regulations to carry out the purposes of this section. (d) Exception For purposes of applying section 4980E to a contribution to a dependent care savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees. . (f) Clerical amendments (1) The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 224 as an item relating to section 225, and by inserting before such item the following new item: Sec. 224. Dependent care savings accounts. . (2) The table of sections for chapter 43 of such Code, as amended by the Patient Protection and Affordable Care Act, is amended by adding at the end the following new item: Sec. 4980J. Failure of employer to make comparable dependent care savings account contributions. . (g) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Dependent Care Savings Account Act of 2014 |
Death in Custody Reporting Act of 2013 [sic]- Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements.Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency.Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths. | 113 S2807 IS: Death in Custody Reporting Act of 2013 U.S. Senate 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2807 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mr. Blumenthal Committee on the Judiciary A BILL To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes. 1. Short title This Act may be cited as the Death in Custody Reporting Act of 2013 2. State information regarding individuals who die in the custody of law enforcement (a) In General For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information required The report required by this section shall contain information that, at a minimum, includes— (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility (1) Compliance date Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that— (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. (d) Reallocation Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions In this section the terms boot camp prison State 42 U.S.C. 3791(a) (f) Study and report of information relating to deaths in custody (1) Study required The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to— (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). 3. Federal law enforcement death in custody reporting requirement (a) In general For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is— (1) detained, under arrest, or in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or incarcerated or detained, at— (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information required Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and report Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f). | Death in Custody Reporting Act of 2013 |
Employee Health Care Protection Act of 2014 - Permits a health insurance issuer that has in effect health insurance coverage in the group market on any date during 2013 to continue offering such coverage for sale during 2014 outside of a health care exchange established under the Patient Protection and Affordable Care Act. Treats such coverage as a grandfathered health plan for purposes of an individual meeting the requirement to maintain minimum essential health coverage. | 113 S2808 IS: Employee Health Care Protection Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2808 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mr. Vitter Committee on Finance A BILL To authorize health insurance issuers to continue to offer for sale current group health insurance coverage in satisfaction of the minimum essential health insurance coverage requirement, and for other purposes. 1. Short title This Act may be cited as the Employee Health Care Protection Act of 2014 2. If you like your group health insurance plan, you can keep it (a) In general Notwithstanding any provision of the Patient Protection and Affordable Care Act (including any amendment made by such Act or by the Health Care and Education Reconciliation Act of 2010), a health insurance issuer that has in effect health insurance coverage in the group market on any date during 2013 may continue after such date to offer such coverage for sale during and after 2014 in such market outside of an Exchange established under section 1311 or 1321 of such Act ( 42 U.S.C. 18031 (b) Treatment as grandfathered health plan in satisfaction of minimum essential coverage Health insurance coverage described in subsection (a) shall be treated as a grandfathered health plan for purposes of the amendment made by section 1501(b) of the Patient Protection and Affordable Care Act. | Employee Health Care Protection Act of 2014 |
Service Members Transition Improvement Act of 2014 - Requires the Secretary of Defense (DOD) to develop procedures to share with state veterans agencies information, in electronic data format, on members of the Armed Forces who are separating from service in order to facilitate the transition of such members to civilian life. Identifies that information as military service and separation data and specified contact information. Requires the member's consent before that information may be shared. Directs the Secretary to ensure that the state veterans agencies only share such information with county veterans service offices for such purposes as the Secretary specifies for the administration and delivery of benefits. | 113 S2810 IS: Service Members Transition Improvement Act of 2014 U.S. Senate 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2810 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mr. Toomey Committee on Veterans' Affairs A BILL To require the Secretary of Defense to develop procedures to share certain information with State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life, and for other purposes. 1. Short title This Act may be cited as the Service Members Transition Improvement Act of 2014 2. Procedures for provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life (a) Procedures required The Secretary of Defense shall develop procedures to share the information described in subsection (b) on members of the Armed Forces who are separating from the Armed Forces with State veterans agencies in electronic data format as a means of facilitating the transition of members of the Armed Forces from military service to civilian life. (b) Covered information The information described in this subsection with respect to a member is as follows: (1) Military service and separation data. (2) A personal email address. (3) A personal telephone number. (4) A mailing address. (c) Consent The procedures required by subsection (a) shall include a requirement for consent of a member before sharing information about the member. (d) Use of information The Secretary shall ensure that the information shared with State veterans agencies in accordance with the procedures required by subsection (a) is only shared by such agencies with county government veterans service offices for such purposes as the Secretary shall specify for the administration and delivery of benefits. (e) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the progress of the Secretary on sharing information with State veterans agencies as described in subsection (a). (2) Contents The report required by paragraph (1) shall include the following: (A) A description of the procedures developed under subsection (a). (B) A description of the activities carried out by the Secretary in accordance with such procedures. (C) Such recommendations as the Secretary may have for legislative or administrative action to improve the sharing of information as described in subsection (a). | Service Members Transition Improvement Act of 2014 |
Children and Firefighters Protection Act of 2014 - Prohibits manufacturers, distributors, or retailers from selling, manufacturing for sale, distributing in commerce, or importing into the United States any children's product or upholstered furniture that contains a flame retardant exceeding a specified amount of the total chemical content by weight for any part of the product or furniture. Specifies flame retardants that are subject to such prohibitions. Requires the Consumer Product Safety Commission (CPSC) to appoint a chronic hazard advisory panel to study the effects on human health of all chemical flame retardants as used in such products or upholstered furniture. Directs the CPSC, after receiving a report from the advisory panel evaluating the full range of such retardants, to promulgate a final rule specifying retardants that are not already listed in this Act that may cause substantial personal injury or illness. Makes such CPSC-specified retardants subject to the prohibitions of this Act. | 113 S2811 IS: Children and Firefighters Protection Act of 2014 U.S. Senate 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2811 IN THE SENATE OF THE UNITED STATES September 15, 2014 Mr. Schumer Committee on Commerce, Science, and Transportation A BILL To prohibit the distribution in commerce of children's products and upholstered furniture containing certain flame retardants, and for other purposes. 1. Short title This Act may be cited as the Children and Firefighters Protection Act of 2014 2. Prohibition on sale of certain products containing specified flame retardants (a) Definitions In this section, the terms children's product consumer product distribute in commerce distributor import manufacturer retailer United States (b) Prohibition It shall be unlawful for any manufacturer, distributor, or retailer to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any children's product or upholstered furniture that contains a flame retardant specified in subsection (c) that exceeds 1,000 parts per million total chemical content by weight for any part of the product or furniture. (c) Specified flame retardants The flame retardants specified in this subsection are the following: (1) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (chemical abstracts service number 13674–87–8). (2) Tris(2-chloroethyl)phosphate (TCEP) (chemical abstracts service number 115–1496–8). (3) Tetrabromobisphenol A (TBBPA) (chemical abstracts service number 79–94–7). (4) Decabromodiphenyl ether (chemical abstracts service number 1163–19–5). (5) Antimony trioxide (chemical abstracts service number 1309–64–4). (6) Hexabromocyclododecane (HBCD) (chemical abstracts service number 25637–99–4). (7) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (chemical abstract service number 26040–51–7). (8) 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (chemical abstract service number 183658–27–7). (9) Chlorinated paraffins (chemical abstract services number 85535–84–8). (10) Tris (1-chloro-2-propyl) phosphate (TCPP) (chemical abstract service number 13674–84–5). (11) Such other chemical flame retardants as the Commission may specify by rule under subsection (d)(5). (d) Chronic hazard advisory panel (1) Appointment Not later than 180 days after the date of the enactment of this Act, the Commission shall appoint a chronic hazard advisory panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (15 U.S.C. 2077) to study the effects on human health of all chemical flame retardants as used in children's products or upholstered furniture. (2) Examination (A) In general The panel shall, not later than 540 days after the date on which the panel is appointed under paragraph (1), complete an examination of the potential hazards and exposures for the full range of chemical flame retardants that may be used in children's products or upholstered furniture to meet applicable fire safety standards and shall— (i) examine potential health effects of the chemical flame retardants, including— (I) developmental toxicity; (II) carcinogenicity, genetic damage, or reproductive toxicity; (III) endocrine disruption; (IV) toxicity related to the nervous system, immune system, or organs or cause other systemic toxicity; and (V) whether they are— (aa) persistent, bioaccumulative, and toxic; or (bb) very persistent and very bioaccumulative; (ii) consider the potential health effects of such chemical flame retardants, both in isolation and in combination with other flame retardants; (iii) examine biomonitoring studies that document existing levels and likely future levels of chemical flame retardants in children, pregnant women, firefighters (including combustion by-products of chemical flame retardants), and others; (iv) examine data and analysis regarding the chemical flame retardants in household dust, indoor air, or elsewhere in the home environment; (v) consider the cumulative effects of total exposure to flame retardants, both from children’s products, upholstered furniture, and from other sources, such as food, commercial furniture, building insulation, and electronics; (vi) review all relevant data, including the most recent, best-available, peer-reviewed, scientific studies of these chemical flame retardants that employ objective data collection practices or employ other objective methods; (vii) consider the amounts of chemical flame retardants used in consumer products and the total volumes manufactured for use; and (viii) consider possible similar health effects of chemical flame retardants used in children's products or upholstered furniture. (3) Do novo The panel's examinations pursuant to this subsection shall be conducted de novo. The findings and conclusions of any previous chronic hazard advisory panel on chemical flame retardants and other studies conducted by the Commission shall be reviewed by the panel but shall not be considered determinative. (4) Report Not later than 180 days after completing its examination, the panel appointed under paragraph (1) shall submit to the Commission a report on the results of the examination conducted under this section and shall make recommendations to the Commission regarding any chemical flame retardants (or combinations of chemical flame retardants) in addition to those identified in paragraphs (1) through (10) of subsection (c) that the panel determines should be prohibited under subsection (b). (5) Specification of additional chemical flame retardants Not later than 180 days after receiving the report of the panel under paragraph (4), the Commission shall— (A) evaluate the findings of the chronic hazard advisory panel regarding the examination carried out under paragraph (2); (B) evaluate the recommendations submitted by the chronic hazard advisory panel under paragraph (4); and (C) promulgate a final rule, based on the evaluations carried out under subparagraphs (A) and (B) of this paragraph, that specifies such chemical flame retardants that are not listed in paragraphs (1) through (10) of subsection (c) as the Commission determines that the presence of such chemical flame retardant in any part of a children's product or upholstered furniture may cause substantial personal injury or substantial illness, including— (i) developmental or learning disabilities; (ii) cancer; (iii) endocrine disruption; (iv) reproductive harm; or (v) damage to the nervous system, immune system, or organs or cause other systemic toxicity. (e) Treatment of violation A violation of subsection (b) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2068(a)(1) (f) Product certification and labeling A product subject to subsection (b) of this section shall not be subject to section 14(a)(2) of the Consumer Product Safety Act ( 15 U.S.C. 2063(a)(2) (g) Rulemaking (1) In general The Consumer Product Safety Commission shall promulgate rules to carry out this section in accordance with section 553 (2) Exemption from certain requirements The requirements of sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to a rulemaking under this section. (h) Relation to State law This section shall not annul, alter, or affect a provision of law of a State relating to the presence of a chemical flame retardant in a children's product or upholstered furniture except to the extent that such provision of law is inconsistent with a provision of this section, and then only to the extent of the inconsistency. For purposes of this section, a provision of law of a State is not inconsistent with the provisions of this section if the protection such provision of law affords any person is greater than the protection provided under this section. (i) Effective date (1) In general This Act shall take effect on the date of the enactment of this Act, except subsection (b) shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Applicability Subsection (b) shall apply with respect to children's products and upholstered furniture manufactured after the date that is 1 year after the date of the enactment of this Act. | Children and Firefighters Protection Act of 2014 |
Repay Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to carry out a simplified income-driven repayment program for students who become new borrowers of William D. Ford Federal Direct Loans (DLs) on or after July 1, 2015. Sets a student's annual repayment obligation under the program at: 10% of the borrower's discretionary income (gross income that exceeds 150% of the federal poverty level) that is less than $25,000, adjusted for inflation; plus 15% of the borrower's discretionary income that is equal to or greater than $25,000, adjusted for inflation. Directs the Secretary to cancel the outstanding balance on a DL under the repayment program if the borrower: for 20 years made monthly payments under the program or was in deferment due to economic hardship and had a DL principal balance at the outset of the repayment period that did not exceed a specified amount; or for 25 years made monthly payments under the program or was in deferment due to economic hardship and had a DL principal balance at the outset of the repayment period that exceeded a specified amount. Requires the Secretary to offer borrowers of DLs made on or after July 1, 2015, the following repayment plans: (1) a fixed repayment plan (currently referred to as a standard repayment plan), or (2) a simplified income-driven repayment plan, but this plan is only available to student borrowers. Authorizes the Secretary to provide an alternative repayment plan to a borrower of a DL made on or after July 1, 2015, if the borrower demonstrates that these repayment options do not accommodate the borrower's exceptional circumstances. Continues to allow borrowers of DLs to accelerate, without penalty, their repayment of such loans. Makes public service employees who make 120 monthly payments on their DL under a simplified income-driven repayment plan eligible for the public service employee loan forgiveness program. Amends the Internal Revenue Code to exclude from gross income debt the Secretary discharges on a borrower's subsidized Federal Family Education Loan (FFEL) due to the borrower's death or disability. Directs the Secretary to require servicers of FFELs and DLs to: (1) provide borrowers with information regarding their loan repayment options, and (2) offer to enroll borrowers in alternative plans for which they are eligible. | 113 S2812 IS: Repay Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2812 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. King Mr. Burr Committee on Finance A BILL To amend the Higher Education Act of 1965 to establish a simplified income-driven repayment plan, and for other purposes. 1. Short title This Act may be cited as the Repay Act of 2014 2. Simplified income-driven repayment plan Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 493E. Simplified income-driven repayment plan (a) Definitions In this section: (1) Covered Federal Direct Loan The term covered Federal Direct Loan (2) Discretionary income The term discretionary income (3) Discretionary income bend point The term discretionary income bend point (4) Income-driven calculation (A) In general The term income-driven calculation (i) 10 percent of the borrower’s discretionary income that is less than the discretionary income bend point, plus (ii) 15 percent of the borrower’s discretionary income that is equal to or greater than the discretionary income bend point. (B) Annual calculation The calculation under subparagraph (A) shall be determined on an annual basis for the duration of the repayment period described in subsection (b). (5) New borrower The term new borrower (A) as of July 1, 2015, has no outstanding balance on a student loan made, insured, or guaranteed under part B or D; or (B) has no outstanding balance on a student loan made, insured, or guaranteed under part B or D on the date the borrower receives a loan made under part D on or after July 1, 2015. (b) Simplified income-Driven repayment plan authorized (1) In general The Secretary shall carry out a simplified income-driven repayment program for new borrowers that meets the following requirements: (A) A new borrower of any covered Federal Direct Loan may elect to have the borrower’s aggregate monthly payment for all such loans equal to the income-driven calculation, divided by 12. (B) The holder of such a loan shall apply the borrower’s monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan. (C) Any interest due and not paid under subparagraph (B)— (i) shall, on Federal Direct Stafford Loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under subparagraph (A), except that such period shall not include any period during which the borrower is in deferment due to an economic hardship described in section 435(o); and (ii) be capitalized— (I) in the case of a Federal Direct Stafford Loan, subject to clause (i), at the time the borrower’s monthly payment calculation under subparagraph (A) exceeds the monthly payment calculation under the fixed repayment plan, based on a 10-year repayment period, when the borrower first made the election under subparagraph (A); and (II) in the case of a Federal Direct Unsubsidized Stafford Loan, at the time the borrower’s monthly payment calculation under subparagraph (A) exceeds the monthly payment calculation under the fixed repayment plan, based on a 10-year repayment period, when the borrower first made the election under subparagraph (A). (D) Any principal due and not paid under subparagraph (B) shall be deferred. (E) The amount of time a new borrower shall make monthly payments under subparagraph (A) may exceed 10 years. (F) If the borrower no longer wishes to continue the election under this subsection, then— (i) the maximum monthly payment required to be paid for all covered Federal Direct Loans shall be equal to the monthly amount calculated under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection; and (ii) the amount of time the borrower is permitted to repay such loans may exceed 10 years. (G) The Secretary shall cancel the outstanding balance of principal and interest due for a new borrower whose balance of principal of covered Federal Direct Loans did not exceed $57,500 on the date the borrower’s repayment period began, or whose balance of principal of covered Federal Direct Loans did not exceed the maximum aggregate amount of loans an independent undergraduate student could borrow, pursuant to section 428H(d)(4)(B), on the date the borrower’s final covered Federal Direct Loan was disbursed, whichever amount is greater, if the borrower— (i) at any time, elected to participate under subparagraph (A); and (ii) for 20 years— (I) made monthly payments pursuant to subparagraph (A); or (II) was in deferment due to an economic hardship described in section 435(o). (H) The Secretary shall cancel the outstanding balance of principal and interest due for a new borrower whose balance of principal of covered Federal Direct Loans exceeded $57,500 on the date the borrower’s repayment period began, or whose balance of principal of covered Federal Direct Loans exceeded the maximum aggregate amount of loans an independent undergraduate student could borrow, pursuant to section 428H(d)(4)(B), on the date the borrower’s final covered Federal Direct Loan was disbursed, whichever amount is greater, if the borrower— (i) at any time, elected to participate under subparagraph (A); and (ii) for 25 years— (I) made monthly payments pursuant to subparagraph (A); or (II) was in deferment due to an economic hardship described in section 435(o). (I) A borrower may elect to discontinue repayment pursuant to this subsection, at any time, and enter into repayment pursuant to section 455(d)(2)(A). (2) Monthly payments Only monthly payments made pursuant to paragraph (1)(A) shall be considered eligible payments toward the forgiveness of outstanding loan principal and interest under subparagraphs (G) and (H) of paragraph (1). (c) Eligibility determinations The Secretary shall annually determine a borrower’s eligibility for the simplified income-driven repayment plan under this section through— (1) verification of a borrower’s annual adjusted gross income; (2) the annual amount due on the total amount of covered Federal Direct Loans; and (3) such other procedures as are necessary to effectively implement the simplified income-driven repayment plan under this section. (d) Special rule for married borrowers filing separately In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the borrower’s income-driven calculation on the basis of the borrower’s total amount due on covered Federal Direct Loans and the married couple’s combined adjusted gross income. In the case of a married couple in which both individuals repay their loans under this section, the Secretary shall calculate each borrower’s income-driven calculation on the basis of each borrower’s total amount due on covered Federal Direct Loans and the married couple’s combined adjusted gross income divided by 2. (e) Annual income verification (1) In general A borrower who elects to participate in the simplified income-driven repayment plan under this section shall submit to the Secretary, on an annual basis, verification of the borrower’s annual adjusted gross income. (2) Consequence of failure to submit With respect to a borrower who fails to submit to the Secretary verification of the borrower’s annual adjusted gross income as required under paragraph (1), any monthly payments made during the period the borrower is in violation of the requirement of paragraph (1) shall not be considered eligible payments toward the forgiveness of outstanding loan principal and interest under subparagraphs (G) and (H) of subsection (b)(1). . 3. Streamlining repayment plans for new borrowers Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) by striking subsection (d) and inserting the following: (d) Repayment plans (1) Design and selection for borrowers before July 1, 2015 With respect to a borrower of a loan made under this part before July 1, 2015, and consistent with criteria established by the Secretary, the Secretary shall offer such borrower a variety of plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. The borrower may choose— (A) a fixed repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); (B) a graduated repayment plan, consistent with section 428(b)(9)(A)(ii); (C) an extended repayment plan, consistent with section 428(b)(9)(A)(iv), except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 428(b)(1)(L); (D) an income contingent repayment plan, with varying annual repayment amounts based on the income of the borrower, paid over an extended period of time prescribed by the Secretary, not to exceed 25 years, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student; and (E) an income-based repayment plan that enables borrowers who have a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (2) Design and selection for new borrowers on or after July 1, 2015 The Secretary shall offer a borrower of a loan made under this part on or after July 1, 2015, the following plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower’s loans under this part. The borrower may choose— (A) a fixed repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); or (B) a simplified income-driven repayment plan, consistent with section 493E, except the plan described in this subparagraph shall not be available to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student, a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (3) Borrower non-selection If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1) or (2), the Secretary may provide the borrower with a repayment plan described in subparagraph (A), (B), or (C) of paragraph (1) for borrowers before July 1, 2015, or a repayment plan described in paragraph (2)(A) for new borrowers on or after July 1, 2015. (4) Changes in selections The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1) or (2), or the Secretary's selection of a plan for the borrower under paragraph (3), as the case may be, under such terms and conditions as may be established by the Secretary. (5) Alternative repayment plans The Secretary may provide, on a case by case basis, an alternative repayment plan to a borrower of a loan made under this part on or after July 1, 2015, who demonstrates to the satisfaction of the Secretary that the terms and conditions of the repayment plans available under paragraph (2) are not adequate to accommodate the borrower's exceptional circumstances. Upon request, the Secretary shall make available for such borrowers repayment plans described in subparagraphs (B) and (C) of paragraph (1). In designing such alternative repayment plans, the Secretary shall ensure that such plans do not exceed the cost to the Federal Government, as determined on the basis of the present value of future payments by such borrowers, of loans made using the plans available under paragraph (2). (6) Repayment after default The Secretary may require any borrower who has defaulted on a loan made under this part to— (A) pay all reasonable collection costs associated with such loan; and (B) repay the loan pursuant to a repayment plan described in paragraph (2)(A), or, following sufficient consultation and income verification, the Secretary may provide the borrower the option to enroll in the repayment plan described in paragraph (2)(B). (7) Applicability provision (A) In general Except as provided in paragraph (5) and subparagraph (B), the repayment plans under subparagraphs (B), (C), (D), and (E) of paragraph (1) are not available for a borrower who received the borrower's first disbursement of a Federal Direct Loan on or after July 1, 2015. (B) Exception The repayment plans available to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan whose proceeds were used to discharge the liability of a Federal Direct PLUS Loan made on behalf of a dependent student or a loan under section 428B made on behalf of a dependent student on or after July 1, 2015, shall be those described under subparagraphs (A), (B), and (C) of paragraph (1). ; and (2) in subsection (m)— (A) in paragraph (1)— (i) in the paragraph heading, by striking In general Borrowers before July 1, 2015 (ii) in the matter preceding subparagraph (A), by striking The Secretary Except as provided in paragraph (5), the Secretary (B) in paragraph (2), by inserting or (5) paragraph (1) (C) by adding at the end the following: (5) Simplified income-driven repayment for new borrowers on or after July 1, 2015 (A) In general With respect to an eligible Federal Direct Loan not in default made under this part on or after July 1, 2015, the Secretary shall cancel the balance of interest and principal due, after the conclusion of the employment period described in clause (iv), as of the time of such cancellation, on any such loan for a borrower who— (i) as of July 1, 2015, had no outstanding balance on a student loan made, insured, or guaranteed under this part or part B or had no outstanding balance on a student loan made, insured, or guaranteed under this part or part B on the date the borrower received the loan made under this part on or after July 1, 2015; (ii) has made 120 monthly payments on the eligible Federal Direct Loan under a simplified income-driven repayment plan under subsection (d)(2)(B); (iii) is employed in a public service job at the time of such forgiveness; and (iv) has been employed in a public service job during the period in which the borrower makes each of the 120 payments described in clause (ii). (B) Annual income verification With respect to a borrower who fails to submit to the Secretary verification of the borrower’s annual adjusted gross income as required under section 493E(e), any monthly payments made during the period the borrower is in violation of such requirement shall not be considered eligible payments under subparagraph (A)(ii) toward the cancellation pursuant to this paragraph of the balance of interest and principal due on the borrower's loan. . 4. Fixed repayment plan The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (1) in section 153(a)(1)(B)(iii)(V), by striking standard repayment plan fixed repayment plan (2) in section 428(b)(9)(A)(i), by striking standard repayment plan fixed repayment plan (3) in section 433(b)(7)(B), by striking standard repayment plan fixed repayment plan (4) in section 455— (A) in subsection (e)(7)(B)(iv), by striking standard repayment plan fixed repayment plan (B) in subsection (m)(1)(A)(ii), by striking standard repayment plan fixed repayment plan (5) in section 493C— (A) in subsection (a)(3)(A), by striking standard repayment plan fixed repayment plan (B) in subsection (b)— (i) in paragraph (7)(B)(iii), by striking standard repayment plan fixed repayment plan (ii) in paragraph (8), by striking standard repayment plan fixed repayment plan 5. Amendments to the Internal Revenue Code (a) In general Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking any student loan if any student loan if— (A) such discharge was pursuant to a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers, or (B) such discharge was pursuant to section 437(a) of the Higher Education Act of 1965 (relating to the repayment of loan liability). . (b) Effective Date The amendment made by subsection (a) shall apply to discharges of loans after the date of enactment of this Act. 6. Notification to borrowers about repayment options and alternatives to default Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall require servicers of loans made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. (1) notify borrowers, in writing and through electronic format, about all repayment options for which the borrower may qualify; (2) provide borrowers, in writing and through electronic format, information about alternative repayment plans, including the borrower’s estimated monthly payment, expected number of years to repay, expected amount of loan forgiveness, expected total loan forgiveness, and expected total principal and interest paid, associated with each repayment plan in a format that permits the borrower to compare the current repayment plan with alternative repayment plans; and (3) offer to enroll such borrowers in alternative plans, if eligible. | Repay Act of 2014 |
National Prostate Cancer Council Act - Establishes in the Department of Health and Human Services (HHS) the National Prostate Cancer Council on Screening, Early Detection, Assessment, and Monitoring of Prostate Cancer to: (1) develop and implement a strategic plan for the accelerated development of diagnostic tools for prostate cancer, (2) review the effectiveness of diagnostic tools for prostate cancer, (3) coordinate prostate cancer research and services across federal agencies, (4) evaluate all active federal prostate cancer programs, and (5) ensure the inclusion of men at high-risk for prostate cancer in clinical, research, and service efforts. Directs the Council to submit annual reports. Requires the first report to include recommendations based on an evaluation of prostate cancer research and gaps in the development and validation of diagnostic tools for prostate cancer. Requires subsequent reports to include: (1) an outline for a national research plan for creation and validation of diagnostic tools, (2) roles for specified agencies, (3) an analysis of the disparities in rates of prostate cancer in men at high risk, and (4) a review of the progress towards the realization of the strategic plan. Terminates the Council on December 31, 2019. | 113 S2813 IS: National Prostate Cancer Council Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2813 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mrs. Boxer Mr. Sessions Committee on Health, Education, Labor, and Pensions A BILL To establish the National Prostate Cancer Council for improved screening, early detection, assessment, and monitoring of prostate cancer, and to direct the development and implementation of a national strategic plan to expedite advancement of diagnostic tools and the transfer of such tools to patients. 1. Short title This Act may be cited as the National Prostate Cancer Council Act 2. National prostate cancer council (a) Establishment There is established in the Office of the Secretary of Health and Human Services (referred to in this section as the Secretary Council (b) Purpose of the council The Council shall— (1) develop and implement a national strategic plan for the accelerated creation, advancement, and testing of diagnostic tools to improve screening, early detection, assessment, and monitoring of prostate cancer, including— (A) early detection of aggressive prostate cancer to save lives; (B) monitoring of tumor response to treatment, including recurrence and progression; and (C) accurate assessment and surveillance of indolent disease to reduce unnecessary biopsies and treatment; (2) provide information and coordination of prostate cancer research and services across all Federal agencies; (3) review diagnostic tools and their overall effectiveness at screening, detecting, assessing, and monitoring of prostate cancer; (4) evaluate all programs in prostate cancer that are in existence on the date of enactment of this Act, including Federal budget requests and approvals and public-private partnerships; (5) submit an annual report to the Secretary and Congress on the creation and implementation of the national strategic plan under paragraph (1); and (6) ensure the inclusion of men at high-risk for prostate cancer, including men from ethnic and racial populations and men who are least likely to receive care, in clinical, research, and service efforts, with the purpose of decreasing health disparities. (c) Membership (1) Federal members The Council shall be led by the Secretary or designee and comprised of the following experts: (A) Two representatives of the National Institutes of Health, including 1 representative of the National Institute of Biomedical Imaging and Bioengineering and 1 representative of the National Cancer Institute. (B) A representative of the Centers for Disease Control and Prevention. (C) A representative of the Centers for Medicare and Medicaid Services. (D) A designee of the Director of the Department of Defense Congressionally Directed Medical Research Program. (E) A designee of the Director of the Office of Minority Health. (F) A representative of the Food and Drug Administration. (G) A representative of the Agency for Healthcare Research and Quality. (2) Non-federal members In addition to the members described in paragraph (1), the Council shall include 16 expert members from outside the Federal Government, which shall include at least— (A) 6 prostate cancer patient advocates, including— (i) 2 patient-survivors; (ii) 2 caregivers of prostate cancer patients; and (iii) 2 representatives from national prostate cancer disease organizations that fund research or have demonstrated experience in providing assistance to patients, families, and medical professionals, including information on health care options, education, and referral; and (B) 8 health care stakeholders with specific expertise in prostate cancer research in the critical areas of clinical expertise, including medical oncology, radiology, radiation oncology, urology, and pathology. (d) Meetings The Council shall meet quarterly and meetings shall be open to the public. (e) Advice The Council shall advise the Secretary, or the Secretary’s designee. (f) Annual report The Council shall submit annual reports, beginning not later than 1 year after the date of enactment of this Act, to the Secretary or the Secretary’s designee and to Congress. The annual report shall include— (1) in the first year— (A) an evaluation of all federally funded efforts in prostate cancer research and gaps relating to the development and validation of diagnostic tools for prostate cancer; and (B) recommendations for priority actions to expand, eliminate, coordinate, or condense programs based on the performance, mission, and purpose of the programs; and (2) annually thereafter for 5 years— (A) an outline for the development and implementation of a national research plan for creation and validation of accurate diagnostic tools to improve prostate cancer care in accordance with subsection (a); (B) roles for the National Cancer Institute, National Institute on Minority Health and Health Disparities, and the Office on Minority Health of the Department of Health and Human Services; (C) an analysis of the disparities in the incidence and mortality rates of prostate cancer in men at high risk of the disease, including individuals with family history, increasing age, or African-American heritage; and (D) a review of the progress towards the realization of the proposed strategic plan. (g) Termination The Council shall terminate on December 31, 2019. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000 for the period of fiscal years 2015 through 2019. | National Prostate Cancer Council Act |
National Labor Relations Board Reform Act - Amends the National Labor Relations Act to revise requirements with respect to the National Labor Relations Board (NLRB), the Office of the General Counsel (OGC), and the process for appellate review. Increases NLRB membership from five to six. Requires three members to represent each of the two major political parties and, beginning January 1, 2020, each of the two members whose terms expire on the same date to represent a different major political party. Requires: (1) four NLRB members to constitute a quorum at all times, and (2) any NLRB determination to be approved by a majority of the members present. Specifies tenure, including staggered terms, of NLRB members. Sets forth judicial review procedures for any person subject to a complaint issued or authorized by the OGC. Sets the compensation rate for each NLRB member, in addition to the OGC, at level IV of the Executive Schedule and the Chairman of the NLRB, as under current law, at level III. Requires the NLRB to issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director within one year after the report or decision; but if the NLRB does not issue a final order within that time, allows any party to the case to move to discharge it. Deems, upon such a motion, the report or the decision to be a final agency action. Prohibits the NLRB from taking further action on the matter. Reduces authorized appropriations to carry out the Act for each of the succeeding two fiscal years to 80% of the average amount authorized for the prior two fiscal years if, two years after enactment of this Act, the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date of enactment. Extends such reduced authorization of appropriations if after four years the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date that is two years after the date of enactment of this Act. | 113 S2814 IS: National Labor Relations Board Reform Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2814 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Alexander Mr. McConnell Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act to reform the National Labor Relations Board, the Office of the General Counsel, and the process for appellate review, and for other purposes. 1. Short title This Act may be cited as the National Labor Relations Board Reform Act 2. National Labor Relations Board (a) Composition; terms Section 3(a) of the National Labor Relations Act ( 29 U.S.C. 153(a) (1) in the first sentence— (A) by striking prior to its amendment by the National Labor Management Relations Act, 1947, prior to its amendment by the National Labor Relations Board Reform Act (B) by striking five instead of three members 6 instead of 5 members (C) by striking appointed by the President by and with the advice and consent of the Senate appointed by the President, after consultation with the leader of the Senate representing the party opposing the party of the President, by and with the advice and consent of the Senate (2) by striking the second sentence and inserting the following: The sixth member added by the first sentence of this section shall be appointed for a term that expires on the day before the first date on which a full term of another member of the Board commences that is after the date of enactment of the National Labor Relations Board Reform Act. Of the 6 members, there shall be 3 members representing each of the 2 major political parties and, beginning on January 1, 2020, each of the 2 members of the Board whose terms expire on the same date, as established under subsection (e), shall represent a different major political party. (3) in the fourth sentence (including the amendment made by paragraph (2))— (A) by striking Their successors, and the successors of the other members, The successor of such sixth member, and the successors of the other members, (B) by inserting (except as otherwise provided during the transition period under subsection (e)) each (C) by striking he the individual (b) Authority Section 3(b) of the National Labor Relations Act ( 29 U.S.C. 153(b) (1) in the first sentence— (A) by striking three or more 4 or more (B) by inserting before the period the following: , with such group consisting of an equal number of members representing each major political party (2) in the third sentence— (A) by striking three members 4 members (B) by striking Board, except that hereof. Board. Any determination of the Board shall be approved by a majority of the members present. (c) Transition to improved staggered terms Section 3 of the National Labor Relations Act ( 29 U.S.C. 153 (e) Transition to improved staggered terms Notwithstanding subsection (a) or any other provision of this Act— (1) each term of a member of the Board appointed after the date of enactment of the National Labor Relations Board Reform Act and before December 31, 2019, shall terminate on December 31, 2019, or the date on which the term otherwise expires, whichever is earlier, and new terms for all 6 members of the Board shall begin on January 1, 2020; and (2) of the 6 members of the Board who are appointed for the terms beginning on January 1, 2020— (A) 2 of the members shall be appointed for terms ending on December 31, 2021; (B) 2 of the members shall be appointed for terms ending on December 31, 2023; and (C) 2 of the members shall be appointed for terms ending on December 31, 2024. . 3. General Counsel (a) Review of General Counsel decisions Section 3 of the National Labor Relations Act ( 29 U.S.C. 153 (1) in subsection (d)— (A) in the second sentence, by striking trial examiners administrative law judges (B) in the third sentence, by striking He shall Subject to subsection (f), the General Counsel shall (2) by adding at the end the following: (f) Review of General Counsel complaints (1) In general Any person subject to a complaint that is issued or authorized by the General Counsel under subsection (d) may obtain review of the complaint in any district court of the United States in the judicial district wherein the unfair labor practice in question was alleged to have occurred, wherein such person resides or transacts business, or in the United States District Court for the District of Columbia, by filing in such court, not later than 30 days after such issuance or authorization, a written petition for review of the complaint. The court may prohibit any further proceedings relating to such complaint if the court determines that the General Counsel does not have substantial evidence that such person has violated this Act. (2) Discovery Any party to a complaint under paragraph (1) may file a request to the General Counsel to obtain any advice memorandum prepared by an attorney of the Division of Advice of the Office of the General Counsel, any internal memorandum of the Office of the General Counsel, or any other inter-agency or intra-agency memorandum or letter described in section 552(b)(5) . (b) Salary Section 4(a) of the National Labor Relations Act ( 29 U.S.C. 154(a) (1) in the first sentence, by striking shall receive a salary of $12,000 a year, shall be compensated at a level equivalent to level IV of the Executive Schedule, in accordance with section 5315 section 5314 (2) in the fourth sentence, including the amendment made by paragraph (1), by striking examiners administrative law judges (3) in the sixth sentence, including the amendment made by paragraph (1)— (A) by striking trial examiner's report report of an administrative law judge (B) by striking trial examiner shall advise administrative law judge shall advise 4. Final orders; discharge Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 (1) in subsection (c)— (A) by striking before an examiner or examiners thereof before an administrative law judge or administrative law judges thereof (B) by striking such examiner or examiners such judge or judges (2) in subsection (d)— (A) by inserting or the Board has issued a final order have been filed in a court (B) by striking at any time upon reasonable notice , not later than 1 year after the submission of a report of an administrative law judge, or a decision of a regional director, pertaining to such case or order, upon reasonable notice, (C) by adding at the end the following: The Board shall issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director filed within 1 year after such report or decision. If the Board does not issue a final order within 1 year after the report of an administrative law judge or decision of a regional director, any party to the case may move to discharge the case. Upon such motion, the report of the administrative law judge or decision of the regional director shall be deemed to be a final agency action and the Board may not take further action on the matter under subchapter II of chapter 5 5. Authorization of appropriations to further effective government The National Labor Relations Act ( 29 U.S.C. 151 et seq. 20. Authorization of appropriations to further effective government (a) 2-Year deadline If, 2 years after the date of enactment of the National Labor Relations Board Reform Act (b) 4-Year deadline If, 4 years after the date of enactment of the National Labor Relations Board Reform Act . | National Labor Relations Board Reform Act |
Farmer Flexibility Act of 2014 - Amends the Agricultural Act of 2014 to require the Secretary of Agriculture (USDA) to extend the terms of marketing assistance loans in cases where a farmer has sold, transferred, or delivered the commodity subject to the loan to a purchaser who has filed for bankruptcy prior to payment. Provides that the extension shall last until after the bankruptcy case is closed or dismissed. Suspends the accrual of interest on the loan during the extension period. | 113 S2815 IS: Farmer Flexibility Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2815 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Pryor Mr. Boozman Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Act of 2014 to require the Secretary of Agriculture to extend the term of marketing assistance loans in cases in which a purchaser has bought the loan commodity subject to the loan and declared bankruptcy prior to paying for the loan commodity. 1. Short title This Act may be cited as the Farmer Flexibility Act of 2014 2. Extension in certain cases of bankruptcy Section 1203 of the Agricultural Act of 2014 ( 7 U.S.C. 9033 (1) by striking The Secretary (1) In general Except as provided in paragraph (2), the Secretary ; and (2) by adding at the end the following: (2) Extension in certain cases of bankruptcy (A) In general This paragraph applies in any case in which— (i) the producers on a farm have a marketing assistance loan under section 1201 for a loan commodity; (ii) the producers have sold, transferred, or delivered the loan commodity subject to the loan to a purchaser; and (iii) prior to the purchaser paying the producers full payment for the loan commodity, a case under any chapter of title 11, United States Code, has been commenced in which the purchaser is the debtor. (B) Extension In a case described in subparagraph (A), the Secretary shall— (i) (I) extend the term of the marketing assistance loan until the date on which the case under title 11, United States Code, is closed or dismissed to a date that is at least 180 days following the final resolution of the bankruptcy case; and (II) extend the deadline for repayment of any installment of an ownership, operating, or emergency loan made under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) until the date on which the case under title 11, United States Code, is closed or dismissed to a date that is at least 180 days following the final resolution of the bankruptcy case; and (ii) if the purchaser has taken possession of the loan commodity, suspend the accruing of interest during the period of any extension under clause (i). . | Farmer Flexibility Act of 2014 |
Prevent Interruptions in Physical Therapy Act of 2014 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require physical therapists furnishing outpatient physical therapy services to use specified locum tenens arrangements for payment purposes in the same manner as such arrangements are used to apply to physicians furnishing substitute physicians services for other physicians. (Locum tenens [place holder], or substitute, physicians usually assume professional practices in the absence of a regular physician for reasons such as illness, pregnancy, vacation, or continuing medical education.) | 113 S2818 IS: Prevent Interruptions in Physical Therapy Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2818 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Grassley Mr. Casey Mr. Moran Committee on Finance A BILL To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. 1. Short title This Act may be cited as the Prevent Interruptions in Physical Therapy Act of 2014 2. Allowing physical therapists to utilize locum tenens arrangements under Medicare (a) In general The first sentence of section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) (1) by striking and (H) (2) by inserting before the period at the end the following: , and (I) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians’ services furnished by physicians (b) Effective date The amendments made by subsection (a) shall apply to services furnished after the date of the enactment of this Act. | Prevent Interruptions in Physical Therapy Act of 2014 |
Raechel and Jacqueline Houck Safe Rental Car Act of 2014 - Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration [NHTSA]) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied. Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet. Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed. Makes these special rules for rental companies inapplicable to junk automobiles. Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable. Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks. Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. Declares that nothing in this Act shall: (1) be construed to create or increase any liability for a manufacturer who manufactures or imports a motor vehicle that is subject to defect or noncompliance recall requirements; or (2) supersede or otherwise affect the contractual obligations, if any, between such manufacturer and a rental company. | 113 S2819 IS: Raechel and Jacqueline Houck Safe Rental Car Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2819 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Schumer Mrs. Boxer Mrs. McCaskill Mr. Blumenthal Mrs. Feinstein Mrs. Gillibrand Mr. Casey Mr. Markey Committee on Commerce, Science, and Transportation A BILL To amend chapter 301 1. Short title This Act may be cited as the Raechel and Jacqueline Houck Safe Rental Car Act of 2014 2. Definitions Section 30102(a) (1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; (2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (3) by inserting before paragraph (2), as redesignated, the following: (1) covered rental vehicle (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company. ; and (4) by inserting after paragraph (10), as redesignated, the following: (11) rental company (A) is engaged in the business of renting covered rental vehicles; and (B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles. . 3. Remedies for defects and noncompliance Section 30120(i) (1) in the subsection heading, by adding , or rental (2) in paragraph (1)— (A) by striking (1) If notification (1) In general If notification ; (B) by indenting subparagraphs (A) and (B) four ems from the left margin; (C) by inserting or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification time of notification (D) by striking the dealer may sell or lease, the dealer or rental company may sell, lease, or rent (E) in subparagraph (A), by striking sale or lease sale, lease, or rental agreement (3) by amending paragraph (2) to read as follows: (2) Rule of construction Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent. ; and (4) by adding at the end the following: (3) Specific rules for rental companies (A) In general Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (B) Special rule for large vehicle fleets Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (C) Special rule for when remedies not immediately available If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). (D) Inapplicability to junk automobiles Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle— (i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 ( 49 U.S.C. 30501 (ii) is retitled as a junk automobile pursuant to applicable State law; and (iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504). . 4. Making safety devices and elements inoperative Section 30122(b) rental company, dealer, 5. Inspections, investigations, and records Section 30166 (1) in subsection (c)(2), by striking or dealer dealer, or rental company (2) in subsection (e), by striking or dealer dealer, or rental company (3) in subsection (f), by striking or to owners , rental companies, or other owners 6. Research authority The Secretary of Transportation may conduct a study of— (1) the effectiveness of the amendments made by this Act; and (2) other activities of rental companies (as defined in section 30102(a)(11) section 30118 7. Study (a) Additional requirement Subsection (b)(2) of section 32206 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 (1) in subparagraph (E), by striking and (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) evaluate the completion of safety recall remedies on rental trucks; and . (b) Report Subsection (c) of such section is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking Report (c) Reports (1) Initial report Not later ; (3) in paragraph (1), by striking subsection (b) subparagraphs (A) through (E) and (G) of subsection (b)(2) (4) by adding at the end the following: (2) Safety recall remedy report Not later than 1 year after the date of the enactment of the Raechel and Jacqueline Houck Safe Rental Car Act of 2014 (A) the findings of the study conducted pursuant to subsection (b)(2)(F); and (B) any recommendations for legislation that the Secretary determines to be appropriate. . 8. Public comments The Secretary of Transportation shall solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. 9. Rule of construction Nothing in this Act or the amendments made by this Act shall— (1) be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 (2) supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) 10. Rulemaking The Secretary of Transportation may promulgate rules, as appropriate, to implement this Act and the amendments made by this Act. 11. Effective date The amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. | Raechel and Jacqueline Houck Safe Rental Car Act of 2014 |
Garden Valley Withdrawal Act - Withdraws specified federal land in Garden Valley, Nevada, depicted on the map entitled Garden Valley Withdrawal Area, dated July 11, 2014, from: (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. | 113 S2820 IS: Garden Valley Withdrawal Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2820 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Reid Committee on Energy and Natural Resources A BILL To provide for the withdrawal of certain Federal land in Garden Valley, Nevada. 1. Short title This Act may be cited as the Garden Valley Withdrawal Act 2. Garden Valley, Nevada, Withdrawal Subject to valid existing rights in existence on the date of enactment of this Act, the approximately 805,100 acres of Federal land generally depicted on the map entitled Garden Valley Withdrawal Area (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. | Garden Valley Withdrawal Act |
Child and Elderly Missing Alert Program of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award public safety and community policing grants to eligible nonprofit organizations to assist federal, state, tribal, and local law enforcement agencies in the rapid recovery of missing children and elderly and disabled individuals through the use of a rapid telephone and cellular alert call system. Defines an "elderly individual" as an individual 60 years of age or older. Permits the use of grant funds to: (1) maintain and expand technologies and techniques to ensure the highest level of performance of services; (2) provide both centralized and on-site training, and to distribute information, to law enforcement agency officials about missing individuals and use of a rapid telephone and cellular alert call system; (3) provide services to Child Abduction Response Teams; (4) assist law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (5) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and law enforcement; and (6) assist appropriate organizations with education and prevention programs related to missing individuals. Directs the Attorney General to annually: (1) require each grantee to submit the results of monitoring and evaluations of grant recipients, and (2) publish a report regarding such results and the effectiveness of activities carried out under each grant. | 113 S2821 IS: Child and Elderly Missing Alert Program Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2821 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Menendez Committee on the Judiciary A BILL To authorize the Attorney General to provide a grant to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing individuals. 1. Short title This Act may be cited as the Child and Elderly Missing Alert Program Act of 2014 2. Program to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, the elderly, and disabled individuals Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended— (1) in subsection (b)— (A) in paragraph (16), by striking and (B) in paragraph (17), by striking the period and inserting ; and (C) by adding at the end the following new paragraph: (18) to permit eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system, in accordance with subsection (l). ; and (2) by adding at the end the following new subsection: (l) Child and Elderly Missing Alerts (1) In general The Attorney General is authorized to award grants to eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system. (2) Specified use of funds The grants awarded under this subsection shall be used to— (A) provide services to Federal, State, tribal, and local law enforcement agencies, in response to a request from such agencies, to promote the rapid recovery of a missing child, an elderly individual, or a disabled individual by utilizing rapid telephone and cellular alert calls; (B) maintain and expand technologies and techniques to ensure the highest level of performance of such services; (C) provide both centralized and on-site training and distribute information to Federal, State, tribal, and local law enforcement agency officials about missing children, elderly individuals, and disabled individuals and use of a rapid telephone and cellular alert call system; (D) provide services to Federal, State, tribal, and local Child Abduction Response Teams; (E) assist Federal, State, tribal, and local law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (F) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and appropriate Federal, State, tribal, and local law enforcement agencies; and (G) assist appropriate organizations, including Federal, State, tribal, and local law enforcement agencies, with education and prevention programs related to missing children, elderly individuals, and disabled individuals. (3) Eligibility To be an eligible nonprofit organization for purposes of a grant under this subsection, a nonprofit organization shall have experience providing rapid telephone and cellular alert calls on behalf of Federal, State, and local law enforcement agencies to find missing children and elderly adults. (4) Grant period and renewal The Attorney General shall determine an appropriate grant period for grants awarded under this subsection. Such grants may be renewed at the discretion of the Attorney General. (5) Evaluation The Attorney General shall require each grantee under this subsection to annually submit the results of the monitoring and evaluations required under subsections (a) and (b) of section 1705, and shall publish an annual report regarding such results and the effectiveness of the activities carried out under each such grant. (6) Inapplicable provisions The following provisions of this part shall not apply to grants awarded under this subsection: (A) Subsection (j) of this section (relating to grants to Indian tribes). (B) Section 1703 (relating to renewal of grants). (7) Definitions In this subsection: (A) Child The term child (B) Disabled individual The term disabled individual (i) an individual with 1 or more disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (ii) an individual who has been diagnosed by a physician or other qualified medical professional with Alzheimer’s disease or a related dementia. (C) Elderly individual The term elderly individual (D) Missing The term missing (E) Rapid telephone and cellular alert call system The term rapid telephone and cellular alert call system (i) based on the last known whereabouts of a missing individual; or (ii) based on other evidence and determined by such law enforcement agency to be necessary to the search for the missing individual. . | Child and Elderly Missing Alert Program Act of 2014 |
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Dignified Interment of Our Veterans Act of 2014 - Requires the Secretary of Veterans Affairs (VA) to study and report to Congress on matters relating to the interring of veterans' unclaimed remains in national cemeteries under the control of the National Cemetery Administration, including: the scope of the issues relating to veterans' unclaimed remains, including the estimated number of such remains; the effectiveness of VA procedures for working with persons or entities having custody of unclaimed remains to facilitate the interment of such remains in such cemeteries; state and local laws that affect the Secretary's ability to inter unclaimed veterans' remains in such cemeteries; and recommendations for appropriate legislative or administrative action. | 113 S2822 ES: Dignified Interment of Our Veterans Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2822 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of Veterans Affairs to conduct a study on matters relating to the burial of unclaimed remains of veterans in national cemeteries, and for other purposes. 1. Short title This Act may be cited as the Dignified Interment of Our Veterans Act of 2014 2. Department of Veterans Affairs study on matters relating to burial of unclaimed remains of veterans in national cemeteries (a) Study and report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) complete a study on matters relating to the interring of unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration; and (2) submit to Congress a report on the findings of the Secretary with respect to the study required under paragraph (1). (b) Matters studied The matters studied under subsection (a)(1) shall include the following: (1) Determining the scope of issues relating to unclaimed remains of veterans, including an estimate of the number of unclaimed remains of veterans. (2) Assessing the effectiveness of the procedures of the Department of Veterans Affairs for working with persons or entities having custody of unclaimed remains to facilitate interment of unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration. (3) Assessing State and local laws that affect the ability of the Secretary to inter unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration. (4) Developing recommendations for such legislative or administrative action as the Secretary considers appropriate. (c) Methodology (1) Number of unclaimed remains In estimating the number of unclaimed remains of veterans under subsection (b)(1), the Secretary may review such subset of applicable entities as the Secretary considers appropriate, including a subset of funeral homes and coroner offices that possess unclaimed veterans remains. (2) Assessment of State and local laws In assessing State and local laws under subsection (b)(3), the Secretary may assess such sample of applicable State and local laws as the Secretary considers appropriate in lieu of reviewing all applicable State and local laws. Passed the Senate December 10, 2014. Secretary | Dignified Interment of Our Veterans Act of 2014 |
North American Energy Infrastructure Act - Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with specified policies and standards. Amends the Natural Gas Act to require the Federal Energy Regulatory Commission (FERC) to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. Declares that no presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. | 113 S2823 IS: North American Energy Infrastructure Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2823 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Hoeven Mr. Donnelly Ms. Murkowski Mr. Manchin Committee on Energy and Natural Resources A BILL To require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes. 1. Short title This Act may be cited as the North American Energy Infrastructure Act 2. Finding Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. 3. Authorization of certain energy infrastructure projects at the national boundary of the United States (a) Authorization Except as provided in subsection (c) and section 7, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico without obtaining a certificate of crossing for the construction, connection, operation, or maintenance of the cross-border segment under this section. (b) Certificate of crossing (1) Requirement Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Relevant official The relevant official referred to in paragraph (1) is— (A) the Secretary of State with respect to oil pipelines; and (B) the Secretary of Energy with respect to electric transmission facilities. (3) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. (c) Exclusions This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico— (1) if the cross-border segment is operating for such import, export, or transmission as of the date of enactment of this Act; (2) if a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; (3) if a certificate of crossing for such construction, connection, operation, or maintenance has previously been issued under this section; or (4) if an application for a permit described in section 6 for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (A) the date on which such application is denied; or (B) July 1, 2016. (d) Effect of other laws (1) Application to projects Nothing in this section or section 7 shall affect the application of any other Federal statute to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section. (2) Energy Policy and Conservation Act Nothing in this section or section 7 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act. 4. Importation or exportation of natural gas to Canada and Mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by striking, For purposes of subsection (a) of this section (1) In general For purposes of subsection (a) ; and (2) by adding at the end the following: (2) Deadline for approval of applications relating to canada and Mexico In the case of an application for the importation or exportation of natural gas to or from Canada or Mexico, the Commission shall approve the application not later than 30 days after the date of receipt of the application. . 5. Transmission of electric energy to Canada and Mexico (a) Repeal of requirement To secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) (b) Conforming amendments (1) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) (2) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. 6. No Presidential permit required No Presidential permit (or similar permit) required under Executive Order No. 13337 ( 3 U.S.C. 301 3 U.S.C. 301 section 301 7. Modifications to existing projects No certificate of crossing under section 3, or permit described in section 6, shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility— (1) that is operating for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of the Act; (2) for which a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued under section 3. 8. Effective date; rulemaking deadlines (a) Effective date Sections 3 through 7, and the amendments made by such sections, shall take effect on July 1, 2015. (b) Rulemaking deadlines Each relevant official described in section 3(b)(2) shall— (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 3; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 3. 9. Definitions In this Act— (1) the term cross-border segment (2) the term modification (3) the term natural gas 15 U.S.C. 717a (4) the term oil (5) the terms Electric Reliability Organization regional entity 16 U.S.C. 824o (6) the terms Independent System Operator Regional Transmission Organization 16 U.S.C. 796 | North American Energy Infrastructure Act |
Florida Fisheries Improvement Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to revise requirements for fishery management in the Gulf of Mexico and the South Atlantic. Gives regional fishery management councils authority to use alternative fishery management measures in a recreational fishery. Revises requirements for fishery management plans, especially by exempting certain species from fishery rebuilding requirements, changing how to determine the timelines for rebuilding fisheries, and repealing the requirement for plans to contain catch limits for the red snapper. Authorizes: (1) the collection of funds from fines, penalties, and forfeitures of property for violations of marine resource law to be used for the cost of stock assessments, surveys, and data collection on fisheries; and (2) a citizen owning or leasing an eligible fishery facilities to make an agreement with the Department of Commerce to establish a capital construction fund to provide for the acquisition or reconstruction of a facility. Requires the Department to make a decision on whether there is a commercial fishery failure because of a fishery resource disaster within 90 days of a receiving a complete estimate of the economic impact of the disaster. Requires the Gulf Council and the South Atlantic Council to review every five years the allocation of fishing privileges. Authorizes the Councils to delay the review for three one-year periods. Directs the Department to: (1) arrange for the National Academy of Sciences to study the process of allocating fishing privileges; (2) develop and publish a plan to conduct stock assessments for all stocks of fish for which a MSA fishery management plan is in effect, unless the assessment is not necessary; and (3) report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from nongovernmental sources. | 113 S2824 IS: Florida Fisheries Improvement Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2824 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Rubio Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to promote sustainable conservation and management for the Gulf of Mexico and South Atlantic fisheries and the communities that rely on them, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Florida Fisheries Improvement Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. TITLE I—Conservation and management Sec. 101. Regional fishery management councils. Sec. 102. Contents of fishery management plans. Sec. 103. Rebuilding overfished and depleted fisheries. Sec. 104. Funding for stock assessments, surveys, and data collection. Sec. 105. Capital construction. Sec. 106. Fisheries disaster relief. Sec. 107. Regional fishery conservation and management authorities. Sec. 108. Study of allocations in mixed-use fisheries. TITLE II—Fishery information, research, and development Sec. 201. Fisheries research. Sec. 202. Improving science. Sec. 203. Focusing assets for improved fisheries outcomes. Sec. 204. Gulf of Mexico red snapper catch limits; repeal. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). I Conservation and management 101. Regional fishery management councils (a) Voting members Section 302(b)(2)(D) ( 16 U.S.C. 1852(b)(2)(D) (1) in clause (i)— (A) by striking Fisheries Fishery (B) by inserting or the South Atlantic Fishery Management Council Management Council (2) by striking clause (iv). (b) Committees and advisory panels Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) (B) Each scientific and statistical committee shall— (i) provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices; and (ii) carry out the requirements of this subparagraph in a transparent manner, allowing for public involvement in the process. . (c) Functions Section 302(h) ( 16 U.S.C. 1852(h) (1) in paragraph (7)(C), by striking and (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) have the authority to use alternative fishery management measures in a recreational fishery (or the recreational component of a mixed-use fishery), including extraction rates, fishing mortality, and harvest control rules, to the extent they are in accordance with the requirements of this Act; and . (d) Webcasts of council meetings Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) (G) Unless closed in accordance with paragraph (3), each Council shall, where practicable, make available on the Internet website of the Council a video or audio webcast of each meeting of the Council and each meeting of the scientific and statistical committee of the Council not later than 30 days after the date of the conclusion of such meeting. . 102. Contents of fishery management plans Section 303 ( 16 U.S.C. 1853 (d) Limitations (1) In general The requirements under subsection (a)(15) shall not— (A) apply to a species in a fishery that has a mean life cycle of 18 months or less, or to a species in a fishery with respect to which all spawning and recruitment occurs beyond State waters and the exclusive economic zone, unless the Secretary has determined the fishery is subject to overfishing of that species; and (B) limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of this Act. (2) Construction Nothing in this subsection shall be construed to affect any effective date regarding the requirements under subsection (a)(15) otherwise provided for under an international agreement in which the United States participates. . 103. Rebuilding overfished and depleted fisheries Section 304(e)(4)(A) ( 16 U.S.C. 1854(e)(4)(A) (A) specify a time period for rebuilding the fishery that— (i) shall be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and (ii) except where management measures under an international agreement with the United States participates dictate otherwise, shall not exceed— (I) 10 years, except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise; or (II) the sum of the time in which the affected stock of fish is expected to rebuild to its maximum sustainable yield biomass level in the absence of any fishing mortality, and the mean generation of time of the affected stock of fish, if those time values are the best scientific information available; . 104. Funding for stock assessments, surveys, and data collection Section 311(e)(1) ( 16 U.S.C. 1861(e)(1) (1) in subparagraph (E), by striking ; and (2) in subparagraph (F), by striking the period at the end and inserting ; and (3) by inserting after subparagraph (F) the following: (G) the costs of stock assessments, surveys, and data collection in fisheries managed under this Act. . 105. Capital construction (a) Definitions; eligible and qualified fishery facilities Section 53501 (1) by striking (7) United states foreign trade (11) United States foreign trade (2) by striking (8) Vessel (12) Vessel (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (8), (9), and (10), respectively; (4) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively; (5) by redesignating paragraph (1) as paragraph (2); (6) by inserting before paragraph (2), as redesignated, the following: (1) Agreement fishery facility The term agreement fishery facility ; (7) by inserting after paragraph (2), as redesignated, the following: (3) Eligible fishery facility (A) In general Subject to subparagraph (B), the term “eligible fishery facility” means— (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance described in subclause (I); and (III) equipment that is for use with the structure or appurtenance that is necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in subclause (I); and (IV) a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, aquaculture. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. ; and (8) by inserting after paragraph (6), as redesignated, the following: (7) Qualified fishery facility (A) In general Subject to subparagraph (B), the term qualified fishery facility (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance; and (III) equipment that is for use with the structure or appurtenance and necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and necessary for performing a function described in subclause (I); and (IV) a vessel built in the United States. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. . (b) Eligible fishery facilities (1) Definition of Secretary Paragraph (9)(A) of section 53501 (A) the Secretary of Commerce with respect to— (i) an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; or (ii) an eligible fishery facility or a qualified fishery facility; . (2) Establishing a capital construction fund Section 53503 (A) in subsection (a)— (i) by inserting or eligible fishery facility eligible vessel (ii) by striking the period at the end and inserting or fishery facility. (B) by amending subsection (b) to read as follows: (b) Allowable purpose The purpose of the agreement shall be— (1) to provide replacement vessels, additional vessels, or reconstructed vessels, built in the United States and documented under the laws of the United States, for operation in the United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade or in the fisheries of the United States; or (2) to provide for the acquisition, construction, or reconstruction of a fishery facility owned by— (A) an individual who is a citizen of the United States; or (B) an entity that is— (i) a citizen of the United States under section 50501; and (ii) at least 75 percent owned by citizens of the United States, as determined under section 50501. . (c) Agreement fishery facilities (1) Deposits and withdrawals Section 53504(b) or an agreement fishery facility. (2) Ceiling on deposits Section 53505 (A) in subsection (a)— (i) paragraphs (1), by inserting or agreement fishery facilities agreement vessels (ii) in paragraph (2), by striking the semicolon at the end and inserting or agreement fishery facilities; (iii) in paragraph (3) by inserting or agreement fishery facility agreement vessel (B) in subsection (b)— (i) by inserting or agreement fishery facility an agreement vessel (ii) by inserting or fishery facility the vessel (d) Qualified fishery facilities (1) Qualified withdrawals Section 53509(a) (A) in paragraph (1), by striking qualified vessel; or qualified vessel, or the acquisition, construction, or reconstruction of a qualified fishery facility; or (B) in paragraph (2), by striking qualified vessel. qualified vessel, or the acquisition, construction, or reconstruction, of a qualified fishery facility. (2) Tax treatment of qualified withdrawals and basis of property Section 53510 (A) in subsections (b) and (c), by striking or container container, or fishery facility (B) in subsection (d), by striking and containers containers, and fishery facilities (3) Tax treatment of nonqualified withdrawals Section 53511(e)(4) or fishery facility vessel (e) Technical amendment Paragraph (8)(A)(iii) of section 53501 trade trade trade 106. Fisheries disaster relief Section 312(a) ( 16 U.S.C. 1861a(a) (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: (2) The Secretary shall make a decision regarding a request under paragraph (1) not later than 90 days after the date the Secretary receives a complete estimate of the economic impact of the fishery resource disaster from the affected State, tribal government, or fishing community. . 107. Regional fishery conservation and management authorities (a) In general Title III ( 16 U.S.C. 1851 et seq. 313A. Gulf of Mexico fisheries conservation and management At least once every 5 years, the Gulf Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the Council, except that the Council may delay action for not more than 3 additional 1 year periods if necessary. 313B. South Atlantic Fisheries conservation and management At least once every 5 years, the South Atlantic Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the Council, except that the Council may delay action for not more than 3 additional 1 year periods if necessary. . (b) Table of contents The table of contents is amended by inserting after the item relating to section 313, the following: 313A. Gulf of Mexico fisheries conservation and management. 313B. South Atlantic fisheries conservation and management. . 108. Study of allocations in mixed-use fisheries (a) Study requirements Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences to conduct a study— (1) to provide guidance on criteria that could be used for allocating fishing privileges, including consideration of the conservation and socioeconomic benefits of the commercial, recreational, and charter components of a fishery, to a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 (2) to identify sources of information that could reasonably support the use of such criteria in allocation decisions. (b) Report Not later than 1 year after the date a contract is awarded under subsection (a), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the study conducted under subsection (a). II Fishery information, research, and development 201. Fisheries research (a) Stock assessment plan Section 404 ( 16 U.S.C. 1881c (e) Stock assessment plan (1) In general The Secretary, in consultation with the Councils, shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b), a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act. (2) Contents The plan shall— (A) for each stock of fish for which a stock assessment has previously been conducted— (i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— (I) at least once every 5 years, except a Council may delay action for not more than 3 additional 1-year periods; or (II) within such other time period specified and justified by the Secretary in the plan; (B) for each economically important stock of fish for which a stock assessment has not previously been conducted— (i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of the initial stock assessment not later than 3 years after the date that the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and (C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether that data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions. (3) Waiver of stock assessment requirement Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph (2), a stock assessment shall not be required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies the determination in the Federal Register notice required by this subsection. . (b) Deadline Notwithstanding paragraph (1) of section 404(e) of the Magnuson-Stevens Fishery Conservation and Management Act, as added by this section, the Secretary of Commerce shall issue the first stock assessment plan under that section by not later than 1 year after the date of the enactment of this Act. 202. Improving science (a) Improving data collection and analysis (1) In general Section 404 ( 16 U.S.C. 1881c (f) Improving data collection and analysis (1) In general The Secretary, in consultation with the scientific and statistical committees of the Councils established under section 302(g), shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions. (2) Content The report under paragraph (1) shall— (A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for purposes of this Act and the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes; (B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); (C) consider the extent to which it is possible to establish a registry of persons providing such information; and (D) consider the extent to which the acceptance and use of data and analysis identified in the report in fishery management decisions is practicable. . (b) Deadline The Secretary of Commerce shall submit the report required under the amendment made by subsection (a) not later than 1 year after the date of the enactment of this Act. 203. Focusing assets for improved fisheries outcomes (a) In general Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) (1) in paragraph (1)— (A) by striking beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957, (B) by striking moneys monies (C) by striking shall be maintained in a separate fund only for shall only be used for the purposes described under subsection (c). (2) by striking paragraph (2). (b) Limitations on bills transferring funds Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) (2) Limitations on bills transferring funds (A) In general It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that reduces any amount in the fund referred to in paragraph (1) in a manner that is inconsistent with such paragraph. (B) Limitation on changes to this paragraph It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise amend this paragraph. (C) Waiver A provision of this paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (D) Appeals An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on the point of order raised under this paragraph. (E) Rules of the Senate and the House of Representatives This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in the House in the case of a bill, resolution, amendment, or conference report under this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . 204. Gulf of Mexico red snapper catch limits; repeal Section 407 ( 16 U.S.C. 1883 | Florida Fisheries Improvement Act |
Ensuring Safe Access to Prescription Medication Act of 2014 - Amends the Controlled Substances Act to modify the definition of "dispense" to include the delivery of a controlled substance by a pharmacy to a practitioner, if: (1) such delivery is pursuant to a patient-specific prescription of the practitioner; and (2) the practitioner has deemed that it is medically necessary, acting in the usual course of professional practice, for the controlled substance to be administered by the practitioner to the patient. | 113 S2825 IS: Ensuring Safe Access to Prescription Medication Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2825 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Brown Mr. Cornyn Committee on the Judiciary A BILL To amend the Controlled Substances Act to treat as dispensing the delivery of a controlled substance by a pharmacy to a practitioner, pursuant to a patient-specific prescription of the practitioner, under certain circumstances. 1. Short title This Act may be cited as the Ensuring Safe Access to Prescription Medication Act of 2014 2. Delivery of controlled substances by a pharmacy to a practitioner pursuant to a patient-specific prescription Section 102(10) of the Controlled Substances Act ( 21 U.S.C. 802(10) (1) by striking (10) The term dispense (10) (A) The term dispense (i) to deliver ; (2) by striking The term dispenser (B) The term dispenser ; (3) in subparagraph (A), as so designated— (A) by striking the period at the end and inserting ; or (B) by adding at the end the following: (ii) to deliver a controlled substance by a pharmacy to a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery, if— (I) such delivery is pursuant to a patient-specific prescription of the practitioner; and (II) the practitioner has deemed that it is medically necessary, acting in the usual course of professional practice, for the controlled substance to be administered by the practitioner to the patient. ; and (4) in subparagraph (B), as so designated, by striking to an ultimate user or research subject | Ensuring Safe Access to Prescription Medication Act of 2014 |
Strengthening Forgiveness for Public Servants Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to cancel 15%, 15%, 20%, 20%, and 30% of the amount a borrower owes after 2, 4, 6, 8, and 10 years of public service employment, respectively, on a William D. Ford Federal Direct Loan made after this Act's enactment. (Currently, the balance of a borrower's Direct Loan is cancelled if the borrower is not in default and has made 120 monthly payments on such loan while employed as a public service employee.) Requires borrowers availing themselves of such loan cancellation to submit an employment certification form that includes self-certification of employment and employer certification of employment dates. Places the borrower's loan in deferment during the period in which the borrower is employed in an eligible public service job if the borrower submits such form to the Secretary. Cancels the entire amount of interest on such a loan that accrues for any year in which a portion of the loan is cancelled under this Act. | 113 S2826 IS: Strengthening Forgiveness for Public Servants Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2826 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Blumenthal Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes. 1. Short title This Act may be cited as the Strengthening Forgiveness for Public Servants Act 2. Public service loan forgiveness program Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting , except as provided in paragraph (5), on any eligible Federal Direct Loan not in default (2) by adding at the end the following: (5) Loan cancellation for new loans (A) In general Beginning after the date of enactment of the Strengthening Forgiveness for Public Servants Act Strengthening Forgiveness for Public Servants Act (B) Percent amount The percent of a loan that shall be canceled under subparagraph (A) is as follows: (i) In the case of a borrower who completes 2 years of employment in a public service job, 15 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (ii) In the case of a borrower who completes 4 years of employment in a public service job, 15 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (iii) In the case of a borrower who completes 6 years of employment in a public service job, 20 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (iv) In the case of a borrower who completes 8 years of employment in a public service job, 20 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (v) In the case of a borrower who completes 10 years of employment in a public service job, 30 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (C) Employment certification form (i) In general In order to receive loan cancellation under this paragraph, a borrower shall submit to the Secretary an employment certification form that is developed by the Secretary and includes self-certification of employment and a separate part for employer certification that indicates the dates of employment. (ii) Deferment If a borrower submits to the Secretary the employment certification form described in clause (i), during the period in which the borrower is employed in a public service job for which loan cancellation is eligible under this paragraph, the borrower's eligible Federal Direct Loan shall be placed in deferment. (D) Interest cancelled If a portion of a loan is canceled under this paragraph for any year, the entire amount of interest on such loan that accrues for such year shall be canceled. . | Strengthening Forgiveness for Public Servants Act |
Make Student Grants Truly Tax-Free Act - Amends the Internal Revenue Code to expand the tax exclusion for scholarships to include amounts received: (1) through a scholarship or fellowship grant program administered by the Secretary of Education that is based on financial need, including a Federal Pell Grant, and (2) as an Iraq and Afghanistan Service grant under the Higher Education Act of 1965. | 113 S2827 IS: Make Student Grants Truly Tax-Free Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2827 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Blumenthal Mr. Murphy Committee on Finance A BILL To amend section 117 1. Short title This Act may be cited as the Make Student Grants Truly Tax-Free Act 2. Expansion of qualified scholarship exclusion from gross income (a) In general Paragraph (1) of section 117(b) (1) by striking received by an individual as a scholarship received by an individual— (A) as a scholarship , (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new subparagraphs: (B) through a scholarship or fellowship grant program administered by the Secretary of Education that is based on financial need, including a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a (C) as an Iraq and Afghanistan Service Grant under section 420R of the Higher Education Act of 1965 (20 U.S.C. 1070h). . (b) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2014. | Make Student Grants Truly Tax-Free Act |
Ukraine Freedom Support Act of 2014 - (Sec. 3) States that it is U.S. policy to assist the government of Ukraine in restoring its sovereignty and territorial integrity in order to deter the government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Eastern Europe and Central Asia. (Sec. 4) Directs the President to impose three or more specified sanctions against: Rosoboronexport; an entity owned by the government of the Russian Federation or controlled by its nationals that transfers or brokers the transfer to, or knowingly manufactures or sells defense articles transferred to, Syria or into the territory of a specified country without its government's consent; or a person (individual or entity) that knowingly sponsors or provides financial, material, or technological support for, or goods or services to or in support of, such an entity. Defines "specified country" as Ukraine, Georgia, Moldova, or any other country of significant concern for purposes of this Act, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics. Directs the President to impose three or more specified sanctions against a person that knowingly makes a significant investment in a special Russian crude oil project. Authorizes the President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, to impose additional licensing requirements or other restrictions on the export of items for Russia's energy sector, including equipment used for tertiary oil recovery. Directs the President to impose specified sanctions on Gazprom if it is withholding significant natural gas supplies from North Atlantic Treaty Organization (NATO) member countries, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova. Sets forth sanctions against a foreign person, including executive officers of an entity, relating to: Export-Import Bank of the United States assistance, executive agency procurement, arms and dual-use item exports, U.S. property transactions, banking transactions, investing in or purchasing equity or debt instruments, and U.S. entry prohibition or visa revocation. Excludes import sanctions from the authority to block and prohibit U.S. property transactions. Sets forth the conditions under which the President shall not be required to apply or maintain the sanctions with respect to: procurement of defense articles or services; products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of a sanctioned person; spare or component parts essential to U.S. products or production, or to the servicing and maintenance of U.S. products; information and technology essential to U.S. products or production; or food, medicine, medical devices, or agricultural commodities. Authorizes the President to waive the application of sanctions, or waive sanctions for a specific transaction, for purposes of U.S. national security, and with congressional notification. Applies specified penalties under the International Emergency Economic Powers Act to violations of this section. Terminates sanctions under this section upon the President's certification to Congress that the Russian Federation has ceased directing, supporting, or financing significant acts intended to undermine the peace, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties. States that such termination date shall not apply to defense article transfers into Syria or related sanctions. (Sec. 5) Authorizes the President to impose a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: engages in significant transactions involving sanctioned persons; or with respect to the Ukrainian crisis, facilitated a significant financial transaction on behalf of any Russian person included on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control. Authorizes the President to waive the application of sanctions against a foreign financial institution for purposes of U.S. national security, and with congressional notification. Applies specified penalties under the International Emergency Economic Powers Act to violations of this section. Terminates sanctions under this section upon the President's certification to Congress that the Russian Federation has ceased directing, supporting, or financing significant acts intended to undermine the peace, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties. (Sec. 6) Authorizes: the President to provide Ukraine with defense articles, services, and training in order to counter offensive weapons and reestablish its sovereignty and territorial integrity; and FY2015-FY2017 appropriations. (Sec. 7) Directs the Secretary of State (Secretary) to submit a plan to Congress to meet the need for protection of and assistance for internally displaced persons in Ukraine. Directs the President to use U.S. influence at United Nations (U.N.) voluntary agencies to support assistance for internally displaced persons in Ukraine. Urges the Secretary and the Secretary of Defense (DOD) to assist Ukrainian defense sector entities reorient exports from Russian Federation customers to alternative markets in the Ukrainian defense sector that have already significantly reduced exports to and cooperation with Russian defense sector entities. Directs the Secretary and the Secretary of Energy (DOE) to work with Ukrainian officials to develop an emergency energy assistance plan to help Ukraine address the potentially severe heating fuel and electricity shortages facing Ukraine in 2014 and 2015. Directs the Secretary to work with Ukrainian officials to increase energy security by helping Ukraine reduce its dependence on natural gas imported from the Russian Federation. Authorizes FY2016-FY2018 appropriations for such activities. Directs: the Overseas Private Investment Corporation to prioritize support for investments to increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine; and the President to use U.S. influence to encourage the World Bank Group, the European Bank for Reconstruction and Development, and other international financial institutions to invest in and stimulate private investment in such projects. Directs the Secretary and the Administrator of the United States Agency for International Development (USAID) to: (1) strengthen democratic civil society in Ukraine, (2) support independent media outlets, and (3) counter government corruption and improve accountability. Authorizes FY2016 appropriations for such activities. (Sec. 8) Directs the Chairman of the Broadcasting Board of Governors to submit to Congress a plan for increasing and maintaining through FY2017 the quantity of Russian-language broadcasting into the countries of the former Soviet Union in order to counter Russian Federation propaganda. Requires such plan to prioritize broadcasting into Ukraine, Georgia, and Moldova by the Voice of America (VOA) and Radio Free Europe/Radio Liberty. Authorizes FY2016-FY2018 appropriations for the Broadcasting Board of Governors for such activities. (Sec. 9) Directs the Secretary to: (1) improve and strengthen democratic institutions and political and civil society organizations in the Russian Federation, and (2) expand uncensored Internet and independent media access. Authorizes FY2016-FY2018 appropriations for such activities. (Sec. 10) Expresses the sense of Congress that the President should: (1) hold the Russian Federation accountable for being in violation of its obligations under the The Intermediate-Range Nuclear Forces (INF) Treaty; and (2) demand that the Russian Federation verifiably eliminate the military systems that constitute such violation. (Sec. 11) States that nothing in this Act shall be construed as an authorization for the use of military force. | 113 S2828 ES: Ukraine Freedom Support Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2828 IN THE SENATE OF THE UNITED STATES AN ACT To impose sanctions with respect to the Russian Federation, to provide additional assistance to Ukraine, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Ukraine Freedom Support Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Statement of policy regarding Ukraine. Sec. 4. Sanctions relating to the defense and energy sectors of the Russian Federation. Sec. 5. Sanctions on Russian and other foreign financial institutions. Sec. 6. Increased military assistance for the Government of Ukraine. Sec. 7. Expanded nonmilitary assistance for Ukraine. Sec. 8. Expanded broadcasting in countries of the former Soviet Union. Sec. 9. Support for Russian democracy and civil society organizations. Sec. 10. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty. Sec. 11. Rule of construction. 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account correspondent account payable-through account section 5318A (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) Defense article; defense service; training The terms defense article defense service training 22 U.S.C. 2794 (4) Financial institution The term financial institution section 5312(a)(2) (5) Foreign financial institution The term foreign financial institution section 561.308 (6) Foreign person The term foreign person (7) Knowingly The term knowingly (8) Russian person The term Russian person (A) an individual who is a citizen or national of the Russian Federation; or (B) an entity organized under the laws of the Russian Federation. (9) Special Russian crude oil project The term special Russian crude oil project (A) the exclusive economic zone of the Russian Federation in waters more than 500 feet deep; (B) Russian Arctic offshore locations; or (C) shale formations located in the Russian Federation. 3. Statement of policy regarding Ukraine It is the policy of the United States to further assist the Government of Ukraine in restoring its sovereignty and territorial integrity to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus, and Central Asia. That policy shall be carried into effect, among other things, through a comprehensive effort, in coordination with allies and partners of the United States where appropriate, that includes economic sanctions, diplomacy, assistance for the people of Ukraine, and the provision of military capabilities to the Government of Ukraine that will enhance the ability of that Government to defend itself and to restore its sovereignty and territorial integrity in the face of unlawful actions by the Government of the Russian Federation. 4. Sanctions relating to the defense and energy sectors of the Russian Federation (a) Sanctions relating to the defense sector (1) Rosoboronexport Except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport. (2) Russian producers, transferors, or brokers of defense articles Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person the President determines— (A) is an entity— (i) owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and (ii) that— (I) knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; (II) transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (III) brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (B) knowingly, on or after the date of the enactment of this Act, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph. (3) Specified country defined (A) In general In this subsection, the term specified country (i) Ukraine, Georgia, and Moldova; and (ii) any other country designated by the President as a country of significant concern for purposes of this subsection, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics. (B) Notice to congress The President shall notify the appropriate congressional committees in writing not later than 15 days before— (i) designating a country as a country of significant concern under subparagraph (A)(ii); or (ii) terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (h). (b) Sanctions related to the energy sector (1) Development of special Russian crude oil projects Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President may impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person if the President determines that the foreign person knowingly makes a significant investment in a special Russian crude oil project. (2) Authorization for extension of licensing limitations on certain equipment The President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, as appropriate, may impose additional licensing requirements for or other restrictions on the export or reexport of items for use in the energy sector of the Russian Federation, including equipment used for tertiary oil recovery. (3) Contingent sanction relating to Gazprom If the President determines that Gazprom is withholding significant natural gas supplies from member countries of the North Atlantic Treaty Organization, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova, the President shall, not later than 45 days after making that determination, impose the sanction described in subsection (c)(7) and at least one additional sanction described in subsection (c) with respect to Gazprom. (c) Sanctions described The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following: (1) Export-import bank assistance The President may direct the Export-Import Bank of the United States not to approve the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person. (2) Procurement sanction The President may prohibit the head of any executive agency (as defined in section 133 (3) Arms export prohibition The President may prohibit the exportation or provision by sale, lease or loan, grant, or other means, directly or indirectly, of any defense article or defense service to the foreign person and the issuance of any license or other approval to the foreign person under section 38 of the Arms Export Control Act (22 U.S.C. 2778). (4) Dual-use export prohibition The President may prohibit the issuance of any license and suspend any license for the transfer to the foreign person of any item the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (5) Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (6) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person. (7) Prohibition on investment in equity or debt of sanctioned person The President may, pursuant to such regulations as the President may prescribe, prohibit any United States person from transacting in, providing financing for, or otherwise dealing in— (A) debt— (i) of longer than 30 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (a) or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (b); and (ii) issued on or after the date on which such sanctions are imposed with respect to the foreign person; or (B) equity of the foreign person issued on or after that date. (8) Exclusion from the United States and revocation of visa or other documentation In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (9) Sanctions on principal executive officers In the case of a foreign person that is an entity, the President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this subsection applicable to individuals. (d) Exceptions (1) Importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under subsection (c)(5) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good 50 U.S.C. 1701 et seq. (2) Additional exceptions The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)— (A) in the case of procurement of defense articles or defense services under existing contracts, subcontracts, or other business agreements, including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements, and the exercise of options for production quantities to satisfy requirements essential to the national security of the United States— (i) if the President determines in writing that— (I) the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services; (II) the defense articles or services are essential; (III) alternative sources are not readily or reasonably available; and (IV) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or (ii) if the President determines in writing that— (I) such articles or services are essential to the national security under defense coproduction agreements; and (II) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; (B) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) (C) to products, technology, or services provided under contracts, subcontracts, or other business agreements (including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements) entered into before the date on which the President publishes in the Federal Register the name of the foreign person with respect to which the sanctions are to be imposed; (D) to— (i) spare parts that are essential to United States products or production; (ii) component parts, but not finished products, essential to United States products or production; or (iii) routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available; (E) to information and technology essential to United States products or production; or (F) to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8511 (e) National security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (f) Transaction-specific national security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President— (A) determines that the transaction is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination that a waiver with respect to the transaction is necessary and appropriate. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (h) Termination (1) In general Except as provided in paragraph (2), this section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees a certification that the Government of the Russian Federation has ceased ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties. (2) Applicability with respect to Syria The termination date under paragraph (1) shall not apply with respect to the provisions of subsection (a) relating to the transfer of defense articles into Syria or sanctions imposed pursuant to such provisions. 5. Sanctions on Russian and other foreign financial institutions (a) Facilitation of certain defense- and energy-related transactions The President may impose the sanction described in subsection (c) with respect to a foreign financial institution that the President determines knowingly engages, on or after the date of the enactment of this Act, in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph (1) or (3) of section 4(b) for persons with respect to which sanctions are imposed under section 4. (b) Facilitation of financial transactions on behalf of specially designated nationals The President may impose the sanction described in subsection (c) with respect to a foreign financial institution if the President determines that the foreign financial institution has, on or after the date that is 180 days after the date of the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of any Russian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to— (1) this Act; (2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or (3) any other executive order addressing the crisis in Ukraine. (c) Sanction described The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (d) National security waiver The President may waive the application of sanctions under this section with respect to a foreign financial institution if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (f) Termination This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 4(h). 6. Increased military assistance for the Government of Ukraine (a) In general The President is authorized to provide defense articles, defense services, and training to the Government of Ukraine for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment, pursuant to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (b) Report required Not later than 60 days after the date of the enactment of this Act, the President shall submit a report detailing the anticipated defense articles, defense services, and training to be provided pursuant to this section and a timeline for the provision of such defense articles, defense services, and training, to— (1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015, $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal year 2017 to carry out activities under this section. (2) Availability of amounts Amounts authorized to be appropriated pursuant to paragraph (1) shall remain available for obligation and expenditure through the end of fiscal year 2018. (d) Authority for the use of funds The funds made available pursuant to subsection (c) for provision of defense articles, defense services, and training may be used to procure such articles, services, and training from the United States Government or other appropriate sources. (e) Protection of civilians It is the sense of Congress that the Government of Ukraine should take all appropriate steps to protect civilians. 7. Expanded nonmilitary assistance for Ukraine (a) Assistance to internally displaced people in Ukraine (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit a plan, including actions by the United States Government, other governments, and international organizations, to meet the need for protection of and assistance for internally displaced persons in Ukraine, to— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives. (2) Elements The plan required by paragraph (1) should include, as appropriate, activities in support of— (A) helping to establish a functional and adequately resourced central registration system in Ukraine that can ensure coordination of efforts to provide assistance to internally displaced persons in different regions; (B) encouraging adoption of legislation in Ukraine that protects internally displaced persons from discrimination based on their status and provides simplified procedures for obtaining the new residency registration or other official documentation that is a prerequisite to receiving appropriate social payments under the laws of Ukraine, such as pensions and disability, child, and unemployment benefits; and (C) helping to ensure that information is available to internally displaced persons about— (i) government agencies and independent groups that can provide assistance to such persons in various regions; and (ii) evacuation assistance available to persons seeking to flee armed conflict areas. (3) Assistance through international organizations The President shall instruct the United States permanent representative or executive director, as the case may be, to the relevant United Nations voluntary agencies, including the United Nations High Commissioner for Refugees and the United Nations Office for the Coordination of Humanitarian Affairs, and other appropriate international organizations, to use the voice and vote of the United States to support appropriate assistance for internally displaced persons in Ukraine. (b) Assistance to the defense sector of Ukraine The Secretary of State and the Secretary of Defense should assist entities in the defense sector of Ukraine to reorient exports away from customers in the Russian Federation and to find appropriate alternative markets for those entities in the defense sector of Ukraine that have already significantly reduced exports to and cooperation with entities in the defense sector of the Russian Federation. (c) Assistance To address the energy crisis in Ukraine (1) Emergency energy assistance (A) Plan required The Secretary of State and the Secretary of Energy, in collaboration with the Administrator of the United States Agency for International Development and the Administrator of the Federal Emergency Management Agency, shall work with officials of the Government of Ukraine to develop a short-term emergency energy assistance plan designed to help Ukraine address the potentially severe short-term heating fuel and electricity shortages facing Ukraine in 2014 and 2015. (B) Elements The plan required by subparagraph (A) should include strategies to address heating fuel and electricity shortages in Ukraine, including, as appropriate— (i) the acquisition of short-term, emergency fuel supplies; (ii) the repair or replacement of infrastructure that could impede the transmission of electricity or transportation of fuel; (iii) the prioritization of the transportation of fuel supplies to the areas where such supplies are needed most; (iv) streamlining emergency communications throughout national, regional, and local governments to manage the potential energy crisis resulting from heating fuel and electricity shortages; (v) forming a crisis management team within the Government of Ukraine to specifically address the potential crisis, including ensuring coordination of the team’s efforts with the efforts of outside governmental and nongovernmental entities providing assistance to address the potential crisis; and (vi) developing a public outreach strategy to facilitate preparation by the population and communication with the population in the event of a crisis. (C) Assistance The Secretary of State, the Secretary of Energy, and the Administrator of the United States Agency for International Development are authorized to provide assistance in support of, and to invest in short-term solutions for, enabling Ukraine to secure the energy safety of the people of Ukraine during 2014 and 2015, including through— (i) procurement and transport of emergency fuel supplies, including reverse pipeline flows from Europe; (ii) provision of technical assistance for crisis planning, crisis response, and public outreach; (iii) repair of infrastructure to enable the transport of fuel supplies; (iv) repair of power generating or power transmission equipment or facilities; (v) procurement and installation of compressors or other appropriate equipment to enhance short-term natural gas production; (vi) procurement of mobile electricity generation units; (vii) conversion of natural gas heating facilities to run on other fuels, including alternative energy sources; and (viii) provision of emergency weatherization and winterization materials and supplies. (2) Reduction of Ukraine’s reliance on energy imports (A) Plans required The Secretary of State, in collaboration with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall work with officials of the Government of Ukraine to develop medium- and long-term plans to increase energy production and efficiency to increase energy security by helping Ukraine reduce its dependence on natural gas imported from the Russian Federation. (B) Elements The medium- and long-term plans required by subparagraph (A) should include strategies, as appropriate, to— (i) improve corporate governance and unbundling of state-owned oil and gas sector firms; (ii) increase production from natural gas fields and from other sources, including renewable energy; (iii) license new oil and gas blocks transparently and competitively; (iv) modernize oil and gas upstream infrastructure; and (v) improve energy efficiency. (C) Prioritization The Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Energy should, during fiscal years 2015 through 2018, work with other donors, including multilateral agencies and nongovernmental organizations, to prioritize, to the extent practicable and as appropriate, the provision of assistance from such donors to help Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation, including natural gas. (D) Authorization of appropriations There are authorized to be appropriated $50,000,000 in the aggregate for fiscal years 2016 through 2018 to carry out activities under this paragraph. (3) Support from the overseas private investment corporation The Overseas Private Investment Corporation shall— (A) prioritize, to the extent practicable, support for investments to help increase energy efficiency, develop domestic oil and natural gas reserves, improve and repair electricity infrastructure, and develop renewable and other sources of energy in Ukraine; and (B) implement procedures for expedited review and, as appropriate, approval, of applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198 (4) Support by the world bank group and the european bank for reconstruction and development The President shall, to the extent practicable and as appropriate, direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development and other international financial institutions— (A) to invest in, and increase their efforts to promote investment in, projects to improve energy efficiency, improve and repair electricity infrastructure, develop domestic oil and natural gas reserves, and develop renewable and other sources of energy in Ukraine; and (B) to stimulate private investment in such projects. (d) Assistance to civil society in ukraine (1) In general The Secretary of State and the Administrator of the United States Agency for International Development shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (A) strengthen the organizational and operational capacity of democratic civil society in Ukraine; (B) support the efforts of independent media outlets to broadcast, distribute, and share information in all regions of Ukraine; (C) counter corruption and improve transparency and accountability of institutions that are part of the Government of Ukraine; and (D) provide support for democratic organizing and election monitoring in Ukraine. (2) Strategy required Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities described in paragraph (1) to— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for fiscal year 2016 to carry out this subsection. (4) Transparency requirements Any assistance provided pursuant to this subsection shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this subsection. The President shall provide a briefing on the activities funded by this subsection at the request of the committees specified in paragraph (2). 8. Expanded broadcasting in countries of the former Soviet Union (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors shall submit to Congress a plan, including a cost estimate, for immediately and substantially increasing, and maintaining through fiscal year 2017, the quantity of Russian-language broadcasting into the countries of the former Soviet Union funded by the United States in order to counter Russian Federation propaganda. (b) Prioritization of broadcasting into Ukraine, Georgia, and Moldova The plan required by subsection (a) shall prioritize broadcasting into Ukraine, Georgia, and Moldova by the Voice of America and Radio Free Europe/Radio Liberty. (c) Additional priorities In developing the plan required by subsection (a), the Chairman shall consider— (1) near-term increases in Russian-language broadcasting for countries of the former Soviet Union (other than the countries specified in subsection (b)), including Latvia, Lithuania, and Estonia; and (2) increases in broadcasting in other critical languages, including Ukrainian and Romanian languages. (d) Broadcasting defined In this section, the term broadcasting (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Broadcasting Board of Governors $10,000,000 for each of fiscal years 2016 through 2018 to carry out activities under this section. (2) Supplement not supplant Amounts authorized to be appropriated pursuant to paragraph (1) shall supplement and not supplant other amounts made available for activities described in this section. 9. Support for Russian democracy and civil society organizations (a) In general The Secretary of State shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in the Russian Federation; (2) strengthen democratic institutions and political and civil society organizations in the Russian Federation; (3) expand uncensored Internet access in the Russian Federation; and (4) expand free and unfettered access to independent media of all kinds in the Russian Federation, including through increasing United States Government-supported broadcasting activities, and assist with the protection of journalists and civil society activists who have been targeted for free speech activities. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for each of fiscal years 2016 through 2018 to carry out the activities set forth in subsection (a). (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities set forth in subsection (a) to— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (d) Transparency requirements Any assistance provided pursuant to this section shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this section. The President shall provide a briefing on the activities funded by this section at the request of the committees specified in subsection (c). 10. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty (a) Findings Congress makes the following findings: (1) The Russian Federation is in violation of its obligations under the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly referred to as the Intermediate-Range Nuclear Forces Treaty INF Treaty (2) This behavior poses a threat to the United States, its deployed forces, and its allies. (b) Sense of Congress It is the sense of Congress that— (1) the President should hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty; and (2) the President should demand the Russian Federation completely and verifiably eliminate the military systems that constitute the violation of its obligations under the INF Treaty. (c) Report (1) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the committees specified in subsection (d) a report that includes the following elements: (A) A description of the status of the President's efforts, in cooperation with United States allies, to hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty and obtain the complete and verifiable elimination of its military systems that constitute the violation of its obligations under the INF Treaty. (B) The President's assessment as to whether it remains in the national security interests of the United States to remain a party to the INF Treaty, and other related treaties and agreements, while the Russian Federation is in violation of its obligations under the INF Treaty. (C) Notification of any deployment by the Russian Federation of a ground launched ballistic or cruise missile system with a range of between 500 and 5,500 kilometers. (D) A plan developed by the Secretary of State, in consultation with the Director of National Intelligence and the Defense Threat Reduction Agency (DTRA), to verify that the Russian Federation has fully and completely dismantled any ground launched cruise missiles or ballistic missiles with a range of between 500 and 5,500 kilometers, including details on facilities that inspectors need access to, people inspectors need to talk with, how often inspectors need the accesses for, and how much the verification regime would cost. (2) Form The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (d) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 11. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed as an authorization for the use of military force. Passed the Senate December 11, 2014. Secretary | Ukraine Freedom Support Act of 2014 |
Financial Regulatory Clarity Act of 2014 - Requires the Federal Deposit Insurance Corporation (FDIC), the Office of Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection (CFPB), the National Credit Union Administration (NCUA), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC), before issuing a final regulation or order, to assess other federal regulations and orders to determine whether the agency's proposal is in conflict with, is inconsistent with, or is duplicative of such other regulations or orders and whether such other federal regulations or orders are outdated. | 113 S2829 IS: Financial Regulatory Clarity Act of 2014 U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2829 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Wicker Committee on Banking, Housing, and Urban Affairs A BILL To require certain financial regulators to determine whether new regulations or orders are duplicative or inconsistent with existing Federal regulations, and for other purposes. 1. Short title This Act may be cited as the Financial Regulatory Clarity Act of 2014 2. Federal Deposit Insurance Corporation Section 9 of the Federal Deposit Insurance Act ( 12 U.S.C. 1819 (c) Review of regulations (1) In general Before issuing a final regulation or order the Corporation shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Corporation shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Corporation shall use its bests efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order of the Corporation with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Corporation makes a determination under paragraph (2), the Corporation shall issue a report to the Congress containing recommendations made by the Corporation, including— (A) any recommendations of Federal laws or regulations that should be repealed or amended; and (B) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under paragraph (6)(B)). (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection: (A) In general The term regulation rule section 551(4) order other Federal regulations and orders (B) Federal financial regulators The term Federal financial regulators . 3. Office of Comptroller of the Currency Section 324 of the Revised Statutes of the United States ( 12 U.S.C. 1 (c) Review of regulations (1) In general Before issuing a final regulation or order the Comptroller of the Currency shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Comptroller shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Comptroller shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Comptroller makes a determination under paragraph (2), the Comptroller shall issue a report to the Congress containing recommendations made by the Comptroller, including— (A) any recommendations of Federal laws or regulations that should be repealed or amended; and (B) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the term regulation rule section 551(4) order other Federal regulations and orders . 4. Board of Governors of the Federal Reserve System Section 10 of the Federal Reserve Act is amended by inserting before paragraph (12) the following: (11) Review of regulations (A) In general Before issuing a final regulation or order the Board of Governors of the Federal Reserve System shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (B) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Board of Governors shall evaluate the following: (i) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (ii) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (iii) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (iv) Whether other Federal regulations or orders are outdated. (C) Resolving duplicative or inconsistent regulations or orders The Board of Governors shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (D) Report to Congress Not later than the end of the 60-day period beginning on the date the Board of Governors makes a determination under subparagraph (B), the Board of Governors shall issue a report to the Congress containing recommendations made by the Board of Governors, including— (i) any recommendations of Federal laws or regulations that should be repealed or amended; and (ii) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (E) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this paragraph. (F) Regulation and order defined For purposes of this paragraph, the term regulation rule section 551(4) order other Federal regulations and orders . 5. Bureau of Consumer Financial Protection Section 1022 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512 (e) Review of regulations (1) In general Before issuing a final regulation or order the Bureau shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Bureau shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Bureau shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Bureau makes a determination under paragraph (2), the Bureau shall issue a report to the Congress containing recommendations made by the Bureau, including— (A) any recommendations of Federal laws or regulations that should be repealed or amended; and (B) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the term regulation rule section 551(4) order other Federal regulations and orders . 6. National Credit Union Administration Section 102 of the Federal Credit Union Act ( 12 U.S.C. 1752a (g) Review of regulations (1) In general Before issuing a final regulation or order the Administration shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Administration shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Administration shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Administration makes a determination under paragraph (2), the Administration shall issue a report to the Congress containing recommendations made by the Administration, including— (A) any recommendations of Federal laws or regulations that should be repealed or amended; and (B) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the term regulation rule section 551(4) order other Federal regulations and orders . 7. Securities and Exchange Commission Section 4 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d (j) Review of regulations (1) In general Before issuing a final regulation or order the Commission shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (2) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Commission shall evaluate the following: (A) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (B) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (C) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (D) Whether other Federal regulations or orders are outdated. (3) Resolving duplicative or inconsistent regulations or orders The Commission shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (4) Report to Congress Not later than the end of the 60-day period beginning on the date the Commission makes a determination under paragraph (2), the Commission shall issue a report to the Congress containing recommendations made by the Commission, including— (A) any recommendations of Federal laws or regulations that should be repealed or amended; and (B) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (5) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this subsection. (6) Regulation and order defined For purposes of this subsection, the term regulation rule section 551(4) order other Federal regulations and orders . 8. Commodity Futures Trading Commission Section 2(a) of the Commodity Exchange Act ( 7 U.S.C. 2(a) (16) Review of regulations (A) In general Before issuing a final regulation or order the Commission shall, as part of such regulation or order, assess other Federal regulations and orders to determine the interaction between the proposed regulation or order and other Federal regulations and orders. (B) Considerations In making a determination of the interaction between the proposed regulation or order and other Federal regulations, the Commission shall evaluate the following: (i) Whether the proposed regulation or order is in conflict with other Federal regulations or orders. (ii) Whether the proposed regulation or order is inconsistent with other Federal regulations or orders. (iii) Whether the proposed regulation or order is duplicative of other Federal regulations or orders. (iv) Whether other Federal regulations or orders are outdated. (C) Resolving duplicative or inconsistent regulations or orders The Commission shall use its best efforts through all available measures under current law to reconcile any duplicative or inconsistent existing regulation or order with any proposed regulation or order before issuing a final regulation or order. (D) Report to Congress Not later than the end of the 60-day period beginning on the date the Commission makes a determination under subparagraph (B), the Commission shall issue a report to the Congress containing recommendations made by the Commission, including— (i) any recommendations of Federal laws or regulations that should be repealed or amended; and (ii) any duplicative, inconsistent, or conflicting regulation or order of another Federal financial regulator (as defined under section 9(c)(6)(B) of the Federal Deposit Insurance Act). (E) Limitation on judicial review Notwithstanding any other provision of law, a court may not compel action or hold unlawful and set aside any action solely on the basis of compliance or noncompliance with the requirements of this paragraph. (F) Regulation and order defined For purposes of this paragraph, the term regulation rule section 551(4) order other Federal regulations and orders . 9. Treatment of joint rulemakings In the case of a joint rulemaking with respect to which an assessment and determination is required pursuant to an amendment made under sections 2 through 8 of this Act, the agencies shall jointly make such assessment and determination and shall submit a single report with respect to such determination. | Financial Regulatory Clarity Act of 2014 |
Directs the President to establish a primary mechanism to assist the private sector in coordinating U.S. development programs with private sector investment activities. Directs the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies. | 113 S2831 IS: Economic Growth and Development Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2831 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Isakson Mr. Rubio Committee on Foreign Relations A BILL To direct the President to establish an interagency mechanism to coordinate United States development programs and private sector investment activities, and for other purposes. 1. Short title This Act may be cited as the Economic Growth and Development Act 2. Findings Congress makes the following findings: (1) The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, education, and access to clean water. (2) Several of the greatest development success stories in the last 50 years demonstrate how private sector investment and economic growth are fundamental to lifting populations out of poverty. (3) There has been a dramatic shift in the composition of capital flows to the developing world. Whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today 87 percent of capital flowing to the developing world comes from the private sector. (4) Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. (5) With 12 departments, 26 agencies, and more than 60 Federal Government offices all involved in the delivery of United States foreign assistance, it is extremely difficult for United States businesses to navigate the bureaucracy in search of opportunities to partner with such United States agencies. (6) Although many United States development agencies have taken steps to improve their private sector coordination capabilities in recent years, these agency-specific strategies remain opaque and must be integrated into a coherent interagency coordination structure to engage the private sector. (7) President Barack Obama's 2010 Policy Directive on Global Development created an Interagency Policy Committee (IPC) for Global Development. However, the IPC has not yet established a streamlined, interagency mechanism for coordination with the private sector. (8) In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the private sector should be consulted during development planning and programming processes. (9) Whether it is in the context of country, sector, or global development strategy, decisions on program prioritization and resource allocations would benefit greatly from private sector perspectives and market data. (10) By consulting with the private sector from the outset, development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. (11) The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints to growth as part of their planning processes, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. 3. Definitions In this Act: (1) Administrator The term Administrator (2) United States development agencies The term United States development agencies (3) Private sector The term private sector (4) Secretary The term Secretary 4. Purpose The purpose of this Act is to maximize the impact of United States development programs by— (1) enhancing coordination between United States development agencies and their programs and the private sector and its investment activities; (2) integrating private sector input into United States development agencies planning and programming processes; (3) institutionalizing analyses of constraints to growth and investment throughout United States development agencies planning and programming processes; and (4) ensuring United States development agencies are accountable for progress toward improving coordination of United States development programs and private sector investment activities. 5. Interagency mechanism to coordinate United States development programs and private sector investment activities (a) In general The President, in consultation with the Secretary, the Administrator, the Chief Executive Officer of the Millennium Challenge Corporation, the Department of Commerce, and the heads of other United States agencies that undertake development efforts, shall establish a primary mechanism to assist the private sector in coordinating United States development programs with private sector investment activities. (b) Duties The mechanism established under subsection (a) shall— (1) streamline and integrate the various private sector liaison functions of United States development agencies; (2) facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with United States development agencies. 6. Integrating private sector consultation in country, sector, and global development strategies The Secretary and the Administrator shall direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. 7. Analysis of constraints to growth and investment in foreign countries and sectors (a) In general The Secretary, the Administrator, and the heads of other agencies that conduct relevant development activities shall ensure that rigorous constraints to growth and investment analyses are available and integrated as a component of all appropriate country, region, and sector development strategies. (b) Matters To be included The analysis required under subsection (a) shall include, at a minimum, an identification and analysis of— (1) constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and (2) particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. (c) Conduct If a credible constraints analysis meeting the requirements set out in subsection (b) for a particular country, region, or sector has not already been conducted by another United States Government entity or multilateral institution, the analysis shall be conducted by teams composed of representatives of relevant United States agencies which will consult with international organizations, the private sector, including representatives from commercial sectors of recipient countries, and other stakeholders. In all instances, whether using an existing constraints analysis or a specially conducted one, the constraints analysis shall be made available to the public, and for comment by all stakeholders prior to finalization of development strategies. (d) Results The results of the analysis required under subsection (a) shall be incorporated into development strategies of United States development agencies and shall be used to inform and guide resource allocations. 8. Report Not later than one year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce. | Economic Growth and Development Act |
Employ Young Americans Now Act - Establishes in the Treasury the Employ Young Americans Fund, with an initial appropriation of $5.5 billion for FY2015. Requires the Secretary of Labor to make certain Fund allocations to each state with an approved workforce investment system plan modification, other specified requests for funds, and Native American program grantees to provide summer and year-round employment opportunities to low-income youth. Requires the Secretary to award allocations and competitive grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youths with skills that will lead to employment. Subjects activities funded under this Act to federal labor standards and nondiscrimination protections. | 113 S2832 IS: Employ Young Americans Now Act U.S. Senate 2014-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2832 IN THE SENATE OF THE UNITED STATES September 16, 2014 Mr. Sanders Ms. Stabenow Committee on Health, Education, Labor, and Pensions A BILL To provide for youth jobs, and for other purposes. 1. Short title This Act may be cited as the Employ Young Americans Now Act 2. Establishment of Employ Young Americans Fund (a) Establishment There is established in the Treasury of the United States an account that shall be known as the Employ Young Americans Fund (referred to in this Act as the Fund (b) Deposits into the Fund Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $5,500,000,000 for fiscal year 2015, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Availability of funds Of the amounts available to the Fund under subsection (b), the Secretary of Labor shall— (1) allot $4,000,000,000 in accordance with section 3 to provide summer and year-round employment opportunities to low-income youth; and (2) award $1,500,000,000 in allotments and competitive grants in accordance with section 4 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income young adults and low-income youth to provide the skills and assistance needed to obtain employment. (d) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor, and shall be available for expenditure by grantees (including subgrantees), until expended. 3. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 2(c)(1), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 State plan modification Native American grantee (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 local plan modification (B) the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) In general Using the funds described in subsection (a), the Secretary of Labor shall allot to each State the total of the amounts assigned to the State under subparagraphs (A) and (B) of paragraph (2). (2) Assignments to States (A) Minimum amounts Using funds described in subsection (a), the Secretary of Labor shall assign to each State an amount equal to ½ of 1 percent of such funds. (B) Formula amounts The Secretary of Labor shall assign the remainder of the funds described in subsection (a) among the States by assigning— (i) 33 1/3 (ii) 33 1/3 (iii) 33 1/3 (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(A), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under sections 2(c)(2) and 4(b)(2). (4) Definitions For purposes of paragraph (2), the term disadvantaged young adult or youth (A) the poverty line; or (B) 70 percent of the lower living standard income level. (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the State will apply relating to the eligibility of low-income youth, consistent with section 2(4), for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 5(b); (D) a description of the timelines for implementation of the strategies and activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information, relating to fiscal, performance, and other matters, as the Secretary may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (G) if a local board and chief elected official in the State will provide employment opportunities with the link to training and educational activities described in subsection (f)(2)(B), a description of how the training and educational activities will lead to the industry-recognized credential involved. (2) Submission and approval of State plan modification or request (A) Submission (i) In general The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. (ii) Process The Secretary shall— (I) make copies of the State plan modification or request available to the public on the Web site of the Department of Labor and through other electronic means, on the date on which the Governor submits the State plan modification or request under this section; (II) allow members of the public, including representatives of business, representatives of labor organizations, and representatives of educational institutions, to submit to the Secretary comments on the State plan modification or request, during a comment period beginning on the submission date and ending 60 days after the submission date; and (III) include with the notification of approval or disapproval of the State plan modification or request, submitted to the Governor under subparagraph (B), any such comments that represent disagreement with the plan modification or request. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) not later than 90 days after the submission date, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination with that 90-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 90 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local areas within the State in accordance with clauses (i), (ii), and (iii) of subsection (c)(2)(B), except that for purposes of such allocation references to a State in subsection (c)(2)(B) shall be deemed to be references to a local area and references to all States shall be deemed to be references to all local areas in the State involved. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local board, in partnership with the chief elected official for the local area involved, shall submit to the Governor a local plan modification, or such other request for funds by local areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) not later than 30 days after the submission date, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local area within 30 days after such approval. (3) Reallocation If a local board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local area shall receive a share of the total amount available for reallocation under this paragraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential (referred to in this Act as an industry-recognized credential (3) Administration Not more than 5 percent of the funds allocated to a local area under this section may be used for the costs of administration of this section. (4) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 4. Work-based employment strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 2(c)(2), the Secretary of Labor shall make allotments to States, and award grants to eligible entities, under subsection (b) to carry out work-based strategies and activities of demonstrated effectiveness. (b) Allotments and grants (1) Allotments to States for grants (A) Allotments Using funds described in subsection (a), the Secretary of Labor shall allot to each State an amount equal to ½ of 1 percent of such funds. (B) Grants to eligible entities The State shall use the funds to award grants, on a competitive basis, to eligible entities in the State. (2) Direct grants to eligible entities Using the funds described in subsection (a) that are not allotted under paragraph (1), the Secretary of Labor shall award grants on a competitive basis to eligible entities. (c) Eligible entity To be eligible to receive a grant under this section, an entity— (1) shall include— (A) a partnership involving a chief elected official and the local board for the local area involved (which may include a partnership with such elected officials and boards and State elected officials and State boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; (F) labor organizations that sponsor training or employment upgrade programs; and (G) other appropriate organizations. (d) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor (or to the State, if applying for a grant under subsection (b)(1)(B)) an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income young adults and low-income youth, consistent with section 2, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information relating to fiscal, performance, and other matters, as the Secretary of Labor may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (10) if the entity will provide activities described in subsection (f)(4), a description of how the activities will lead to the industry-recognized credentials involved. (e) Priority in awards In awarding grants under this section, the Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (f) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support work-based strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work-experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short-term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and in-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled individuals who are not younger than 16 but are younger than 25, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local area. (g) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 5. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 29 U.S.C. 2938 (b) Reporting The Secretary of Labor may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants (including recipients of subgrants) under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for low-income youth participating in summer employment activities under sections 3 and 4, performance on indicators consisting of— (i) work readiness skill attainment using an employer validated checklist; and (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (B) for low-income youth participating in year-round employment activities under section 3 or in activities under section 4, performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into, retention in, and earnings in, unsubsidized employment; and (C) for unemployed, low-income young adults participating in activities under section 4, performance on indicators consisting of— (i) entry into, retention in, and earnings in, unsubsidized employment; and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b). 6. Definitions In this Act: (1) Chief elected official The term chief elected official 29 U.S.C. 2832(c)(1)(B) (2) Local area The term local area 29 U.S.C. 2831 (3) Local board The term local board 29 U.S.C. 2832 (4) Low-income youth The term low-income youth (A) is not younger than 16 but is younger than 25; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) (i) States and local areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 3; and (ii) eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 4; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) (5) Poverty line The term poverty line (6) Registered apprenticeship program The term registered apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (7) State The term State (8) Unemployed, low-income young adult The term unemployed, low-income young adult (A) is not younger than 18 but is younger than 35; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) 7. Transition Amendments Effective July 1, 2015— (1) section 3 is amended— (A) in subsection (a)— (i) by striking section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 (before July 1, 2016) section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 29 U.S.C. 3112 (ii) by striking section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) section 166(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221(c) (B) in subsection (b)— (i) in paragraph (2)(A), by striking section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 (before July 1, 2016) section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 29 U.S.C. 3123 (ii) in paragraph (3), by striking subtitles B and E of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. subtitles A, B, and E of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq., 3151 et seq., 3241 et seq.) (C) in subsection (f)— (i) by striking section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 (ii) by striking section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 (before July 1, 2016) section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 29 U.S.C. 3141 (2) section 4(c)(1) is amended— (A) in subparagraph (A), by striking section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (B) by striking section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 section 166 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 (3) in section 5(a)— (A) by striking section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 (B) by striking section 188 of such Act ( 29 U.S.C. 2938 section 188 of such Act ( 29 U.S.C. 3248 (4) in section 6— (A) in paragraph (1), by striking section 117(c)(1)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(c)(1)(B) section 107(c)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122(c)(1)(B) (B) in paragraph (2), by striking section 116 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2831 section 106 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121 (C) in paragraph (3), by striking section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 (D) in paragraph (4)— (i) in subparagraph (B), by striking section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) section 3(36) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36) (ii) in subparagraph (C), by striking section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) subparagraph (B)(iii) or (C)(iv) of section 129(a)(1) of the Workforce Innovation and Opportunity Act (E) in paragraph (8)(C), by striking section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) section 3(36) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36) | Employ Young Americans Now Act |
Protect Veterans Employment and Training Services Act of 2014 - Amends the disabled veterans' outreach program to authorize the Secretary of Labor to establish an order of priority for furnishing program services if state disabled veterans' outreach program specialists are unable to assist every eligible veteran seeking assistance. Requires that priority order to be consistent with the program's purposes and the existing priority order of special disabled veterans, other disabled veterans, and other eligible veterans. Allows a state disabled veterans' outreach program specialist to perform an initial intake and assessment of each veteran who seeks program services. Authorizes local veterans' employment representatives to provide employment, training, and placement services directly to eligible veterans and eligible persons. Requires those representatives to spend a majority of their time carrying out their principal duties of: (1) conducting outreach to local employers to assist veterans in gaining employment; and (2) facilitating the provision of state employment, training, and placement services to veterans. Prohibits the Secretary from imposing restrictions on the duties that a state disabled veterans' outreach program specialist or a local veterans' employment representative may perform or the individuals they may assist other than those set forth in the law providing veterans with job counseling, training, and placement services. | 113 S2834 IS: Protect Veterans Employment and Training Services Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2834 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Toomey Mr. Manchin Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to protect employment and training services for veterans, and for other purposes. 1. Short title This Act may be cited as the Protect Veterans Employment and Training Services Act of 2014 2. Protection of employment and training services for veterans (a) Disabled veterans' outreach program Section 4103A (1) in subsection (a), by adding at the end the following new paragraphs: (4) If a disabled veterans' outreach program specialist is not able to assist all eligible veterans seeking his or her assistance under this chapter, the Secretary may establish an order of priority for the furnishing of such assistance that is consistent with paragraph (1) of this subsection and section 4102 of this title. (5) A disabled veterans' outreach program specialist may perform an initial intake and assessment of an individual under this chapter in order to— (A) determine whether the individual is a special disabled veteran, another disabled veteran, or another eligible veteran; (B) administer the order of priority set forth in paragraph (1) and any order of priority established under paragraph (4); and (C) assess the needs of the individual, including whether the individual needs intensive services. ; and (2) by adding at the end the following new subsection: (e) Limitation The Secretary may not impose any restriction on the duties that a disabled veterans’ outreach program specialist may perform or on the individuals whom a disabled veterans’ outreach program specialist may assist other than those specifically provided for in this chapter. . (b) Local veterans' employment representatives Section 4104 (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) in the matter before subparagraph (A), as redesignated by subparagraph (A) of this paragraph, by inserting (1) As principal duties (C) by adding at the end the following new paragraphs: (2) In addition to the principal duties required by paragraph (1), a local veterans' employment representative may furnish employment, training, and placement services directly to eligible veterans and eligible persons. (3) Each local veterans’ employment representative shall spend a majority of his or her time as a local veterans’ employment representative carrying out the principal duties set forth in subsection (b). ; and (D) in the heading, by striking Principal (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection (f): (f) Limitation The Secretary may not impose any restriction on the duties that a local veterans’ employment representative may perform or on the individuals whom a local veterans’ employment representative may assist other than those specifically provided for in this chapter. . | Protect Veterans Employment and Training Services Act of 2014 |
Storm Shelter Affordability Act of 2014 - Amends the Internal Revenue Code to allow an individual taxpayer a refundable tax credit, through December 31, 2017, for the lesser of 50% of qualified storm shelter costs or $1,000. Requires such a storm shelter to be placed on property adjacent to a dwelling unit owned by the taxpayer. | 113 S2835 IS: Storm Shelter Affordability Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2835 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Pryor Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for certain storm shelters. 1. Short title This Act may be cited as the Storm Shelter Affordability Act of 2014 2. Credit for certain storm shelters (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Credit for certain storm shelters (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the storm shelter credit amount. (b) Storm shelter credit amount For purposes of this section, the storm shelter credit amount is an amount equal to the lesser of— (1) 50 percent of the qualified storm shelter costs paid or incurred by the individual, or (2) $1,000. (c) Qualified storm shelter costs For purposes of this section— (1) In general The term qualified storm shelter costs (2) Qualified storm shelter The term qualified storm shelter (A) the taxpayer receives a State income tax deduction or rebate under a State program to encourage the construction of storm shelters, and (B) the taxpayer attaches to the return of tax proof of approval of the completed shelter by the relevant State agency. (3) Limitation No amount shall be treated as qualified storm shelter costs for any taxable year with respect to an individual to whom a credit under this section has been allowed in any other taxable year. (d) Termination Subsection (a) shall not apply to qualified storm shelters placed in service in taxable years beginning after December 31, 2017. . (b) Conforming amendment Paragraph (2) of section 1324(b) , 36C 36B (c) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for certain storm shelters. . (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. | Storm Shelter Affordability Act of 2014 |
Integrated Space Launch Policy Act of 2014 - Directs the Secretary of Defense (DOD) and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly, in coordination with the National Security Council, the Director of the Office of Science and Technology Policy (OSTP), and the heads of other appropriate agencies, develop the Integrated Federal Space Launch Plan to achieve the effective planning, coordination, and execution of the civilian and national security space launch activities of the federal government in order to ensure that the mission needs of the government for reliable, timely, and affordable access to space are met in a cost-effective manner. Requires the Secretary and the Administrator to jointly submit the developed plan to Congress. Directs the Government Accountability Office (GAO) to submit a report to Congress setting forth an assessment of the adequacy of the plan, including the extent to which it includes the launch needs and capabilities of the civilian agencies and the national security agencies of the government. | 113 S2836 IS: Integrated Space Launch Policy Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2836 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Toomey Committee on Commerce, Science, and Transportation A BILL To provide for an integrated plan for the space launch activities of the Federal Government. 1. Short title This Act may be cited as the Integrated Space Launch Policy Act of 2014 2. Integrated plan on space launch activities of the Federal Government (a) Plan required The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration shall jointly, in coordination with the National Security Council, the Director of the Office of Science and Technology Policy, and the heads of other appropriate agencies of the Federal Government, develop a plan (to be known as the Integrated Federal Space Launch Plan (b) Elements of plan The plan developed under subsection (a) shall include, at a minimum, the following: (1) An estimate of the anticipated annual space launch demand of the Federal Government during the 10 fiscal years beginning with the fiscal year beginning in the year in which the plan is developed. (2) A description of the capabilities required to meet the demand estimated for purposes of paragraph (1). (3) A description of the acquisition plans of each Federal agency covered by the plan for purposes of meeting the demand estimated for purposes of paragraph (1). (4) An identification and assessment of opportunities for coordination among Federal agencies in space launch acquisition efforts, and a summary of the lessons learned by the Department of Defense and the National Aeronautics and Space Administration regarding their launch service programs. (5) An assessment whether the Department of Defense is currently achieving assured access to space with its space launch in a manner consistent with the provisions of section 2273 (c) Submittal of plan to Congress (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary and the Administrator shall jointly submit the plan developed under subsection (a) to the appropriate committees of Congress. (2) Form The plan shall be submitted in unclassified form, but may include a classified annex. (d) Comptroller General of the United States assessment The Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth an assessment of the adequacy of the plan developed under subsection (a), including the extent to which the plan includes the launch needs and capabilities of the civilian agencies and the national security agencies of the Federal Government. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, the Committee on the Budget, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on the Budget, and the Permanent Select Committee on Intelligence of the House of Representatives. | Integrated Space Launch Policy Act of 2014 |
Military and Veterans Education Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than title IV or federal educational assistance programs for military personnel and veterans, or become ineligible for title IV funding and participation in those programs. (Currently, this 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.) | 113 S2837 IS: Military and Veterans Education Protection Act U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2837 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Carper Committee on Health, Education, Labor, and Pensions A BILL To count revenues from military and veteran education programs toward the limit on Federal revenues that certain proprietary institutions of higher education are allowed to receive for purposes of section 487 of the Higher Education Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Military and Veterans Education Protection Act 2. Program participation agreements for proprietary institutions of higher education Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 (1) in subsection (a)(24)— (A) by inserting that receives funds provided under this title , such institution (B) by striking other than funds provided under this title, as calculated in accordance with subsection (d)(1) other than Federal educational assistance, as defined in subsection (d)(5) and calculated in accordance with subsection (d)(1) (2) in subsection (d)— (A) in the subsection heading, by striking Non-Title IV Non-Federal educational (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting that receives funds provided under this title shall (ii) in subparagraph (B)— (I) in clause (i), by striking assistance under this title Federal educational assistance (II) in clause (ii)(I), by inserting , or on a military base if the administering Secretary for a program of Federal educational assistance under clause (ii), (iii), or (iv) of paragraph (5)(B) has authorized such location (iii) in subparagraph (C), by striking program under this title program of Federal educational assistance (iv) in subparagraph (E), by striking funds received under this title Federal educational assistance (v) in subparagraph (F)— (I) in clause (iii), by striking under this title of Federal educational assistance (II) in clause (iv), by striking under this title of Federal educational assistance (C) in paragraph (2)— (i) by striking subparagraph (A) and inserting the following: (A) Ineligibility (i) In general Notwithstanding any other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in or receive funds under any program of Federal educational assistance for a period of not less than two institutional fiscal years. (ii) Regaining eligibility To regain eligibility to participate in or receive funds under any program of Federal educational assistance after being ineligible pursuant to clause (i), a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements for the program for a minimum of two institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility to participate in any program of Federal educational assistance under this title, such compliance shall include meeting the requirements of section 498 for such 2-year period. (iii) Notification of ineligibility The Secretary of Education shall determine when a proprietary institution of higher education that receives funds under this title is ineligible under clause (i) and shall notify all other administering Secretaries of the determination. (iv) Enforcement Each administering Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program concerned upon receiving notification under clause (iii) of a proprietary institution of higher education's ineligibility. ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i)— (aa) by striking In addition education fails Notwithstanding any other provision of law, in addition to such other means of enforcing the requirements of a program of Federal educational assistance as may be available to the administering Secretary, if a proprietary institution of higher education that receives funds provided under this title fails (bb) by striking the programs authorized by this title all programs of Federal educational assistance (II) in clause (i), by inserting with respect to a program of Federal educational assistance under this title, on the expiration date (D) in paragraph (4)(A), by striking sources under this title Federal educational assistance (E) by adding at the end the following: (5) Definitions In this subsection: (A) Administering Secretary The term administering Secretary (B) Federal educational assistance The term Federal educational assistance (i) This title. (ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (iv) Section 1784a of title 10, United States Code. . 3. Department of Defense and Department of Veterans Affairs actions on ineligibility of certain proprietary institutions of higher education for participation in programs of educational assistance (a) Department of Defense (1) In general Chapter 101 2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance (a) In general Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(d)(2)(A) (b) Covered assistance The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department of Defense as follows: (1) This chapter. (2) Chapters 105, 106A, 1606, 1607, and 1608 of this title. (3) Section 1784a of this title. (c) Notice on ineligibility (1) The Secretary of Defense shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. (2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department of Defense that provides information to persons described in paragraph (1), of the following: (A) The name of the institution. (B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. (C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. (D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility. . (2) Clerical amendment The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2008 the following new item: 2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance. . (b) Department of Veterans Affairs (1) In general Subchapter II of chapter 36 3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance (a) In general Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(d)(2)(A) (b) Covered assistance The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department under chapters 30, 31, 32, 33, 34, and 35 of this title. (c) Notice on ineligibility (1) The Secretary of Veterans Affairs shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. (2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department that provides information to persons described in paragraph (1), of the following: (A) The name of the institution. (B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. (C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. (D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility. . (2) Clerical amendment The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3681 the following new item: 3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance. . | Military and Veterans Education Protection Act |
Comprehensive Addiction and Recovery Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to develop: (1) best practices for pain management and prescribing pain medication, and (2) a strategy for disseminating such best practices. Authorizes the Attorney General to make grants to: states, local governments, and nonprofit organizations to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery; organizations that have received a grant under the Drug-Free Communities Act of 1997 to implement comprehensive community-wide strategies that address local drug crises; states, local governments, Indian tribes, and nonprofit organizations for treatment alternative to incarceration programs for individuals who have come into contact with the criminal justice system, have a substance use disorder, mental illness, or both, and have been approved for participation in such a program; state, local, or tribal law enforcement agencies to create a pilot law enforcement program to prevent opioid and heroin overdose death and to expand or make available disposal sites for unwanted prescription medications; states, local governments, and Indian tribes to implement medication assisted treatment programs through their criminal justice agencies; states, local governments, nonprofit organizations, and Indian tribes for educational programs for incarcerated offenders; state substance abuse and criminal justice agencies, jointly, to address the use of opioids and heroin among pregnant and parenting female offenders in a state to promote public safety, public health, family permanence, and well-being; establish or expand veterans treatment court programs, peer to peer services or programs for qualified veterans, practices that identify and provide treatment, rehabilitation, legal, and transitional services to incarcerated veterans, and training programs to teach criminal justice, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving veterans; and states to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. Amends the Public Health Service Act to authorize the Director of the Center for Substance Abuse Treatment to award grants to enable state substance abuse agencies, local governments, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate of, or have had a rapid increase in, the use of heroin or other opioids to expand activities, including medication assisted treatment, for the treatment of addiction in the geographical areas affected. Authorizes the Recovery Branch of the Office of National Drug Control Policy to award grants to: (1) enable high schools and colleges with substance abuse recovery programs and nonprofit organizations to provide substance abuse recovery support services to high school and college students, to help build communities of support for young people in recovery, and to encourage initiatives designed to help young people achieve and sustain recovery; and (2) enable recovery community organizations to develop, expand, and enhance recovery services. Amends the Higher Education Act of 1965 to prohibit the Secretary of Education from including any question about the conviction of an applicant for the possession or sale of illegal drugs on the Free Application for Federal Student Aid form. Directs the HHS Secretary to establish a bipartisan Task Force on Recovery and Collateral Consequences to: (1) identify collateral consequences for individuals with drug convictions who are in recovery for a substance use disorder, and (2) determine whether such consequences unnecessarily delay such individuals from resuming their personal and professional activities. Amends the Omnibus Crime Control and Safe Streets Act to direct the Attorney General to report annually on how grants awarded under such Act are used for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. | 113 S2839 IS: Comprehensive Addiction and Recovery Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2839 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Whitehouse Mr. Portman Ms. Klobuchar Ms. Ayotte Mr. Leahy Committee on the Judiciary A BILL To authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Prevention and education Sec. 101. Development of best prescribing practices. Sec. 102. National education campaign. Sec. 103. Community-based coalition enhancement grants to address local drug crises. TITLE II—Law enforcement and treatment Sec. 201. Treatment alternative to incarceration programs. Sec. 202. Law enforcement naloxone training and implementation pilot. Sec. 203. Prescription drug take back expansion. TITLE III—Treatment and recovery Sec. 301. Evidence-based opioid and heroin treatment and interventions demonstration. Sec. 302. Criminal justice medication assisted treatment and interventions demonstration. Sec. 303. National youth recovery initiative. Sec. 304. Building communities of recovery. TITLE IV—Addressing collateral consequences Sec. 401. Correctional education demonstration grant program. Sec. 402. Revision of FAFSA form. Sec. 403. National Task Force on Recovery and Collateral Consequences. TITLE V—Addiction and treatment services for women, families, and veterans Sec. 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders. Sec. 502. Grants for family-based substance abuse treatment. Sec. 503. Veterans' treatment courts. TITLE VI—Incentivizing State comprehensive initiatives to address opioid and heroin abuse Sec. 601. State demonstration grants for comprehensive opioid abuse response. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the United States. In 2011, an average of about 110 people in the United States died from drug overdose every day. (2) Law enforcement officials and treatment experts throughout the country report that many prescription opioid users have turned to heroin as a cheaper or more easily obtained alternative to prescription drugs. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs DAWN (4) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD (5) Addiction is a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (6) According to the Office of National Drug Control Policy (commonly referred to as ONDCP (7) Effective substance abuse prevention can yield major economic dividends. Every dollar invested in prevention can lead to savings between $2 and $20. (8) According to the National Institute on Drug Abuse, when schools and communities properly implement science-validated substance abuse prevention programs, alcohol, tobacco, and illicit drug abuse are reduced. Such programs help teachers, parents, and healthcare professionals shape the perceptions of youths about the risks of drug abuse. (9) Diverting individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (10) According to the Drug Enforcement Agency, more than 1,700 tons of expired, unwanted prescription medications have been collected over the past 3 1/2 (11) Research shows that combining treatment medications with behavioral therapy is the best way to ensure success for most patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment to help a patient stop abusing drugs, stay in treatment, and avoid relapse. (12) Research indicates that combating the epidemic of opioid abuse, including abuse of prescription painkillers and, increasingly, heroin, requires a multi-pronged approach that involves reducing drug diversion, expanding delivery of existing treatments (including medication assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. 3. Definitions In this Act— (1) the term Indian tribe 25 U.S.C. 450b (2) the term medication assisted treatment (3) the term ONDCP Recovery Branch (4) the term opioid (5) the term Single State Authority for Substance Abuse (6) the term State I Prevention and education 101. Development of best prescribing practices (a) Inter-Agency task force Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary task force (b) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; (E) the Centers for Disease Control and Prevention; (F) the Institute of Medicine; and (G) the Office of National Drug Control Policy; (2) the Director of the National Institutes of Health; (3) physicians, dentists, and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; and (D) pain advocacy groups; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (a), develop best practices for pain management and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation The task force shall not have rulemaking authority. (e) Report Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) (3) recommendations on how to apply best practices developed under subsection (c) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. National education campaign (a) Definition In this section, the term eligible entity (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, the Secretary of Education, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery, including— (1) parent and caretaker-focused prevention efforts, including— (A) the development of research-based community education online and social media materials with an accompanying toolkit that can be disseminated to communities to educate parents and other caretakers of teens on— (i) how to educate teens about opioid and heroin abuse; (ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin; (iii) signs of opioid or heroin overdose; and (iv) the use of naloxone to prevent death from opioid or heroin overdose; (B) the development of detailed digital and print educational materials to accompany the online and social media materials and toolkit described in subparagraph (A); (C) the development and dissemination of public service announcements to— (i) raise awareness of heroin and opioid abuse among parents and other caretakers; and (ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid abuse; and (D) the dissemination of educational materials to the media through— (i) a town hall or panel discussion with experts; (ii) a press release; (iii) an online news release; (iv) a media tour; and (v) sharable infographics; (2) prevention efforts focused on teenagers, college students, and college-age individuals, including— (A) the development of a national digital campaign; and (B) the development of a community education toolkit for use by community coalitions; (3) campaigns to inform individuals about available resources to aid in recovery from substance use disorder; (4) encouragement of individuals in or seeking recovery from substance use disorder to enter the health care system; or (5) adult-focused awareness efforts, including efforts focused on older adults, relating to prescription medication disposal, opioid and heroin abuse, signs of overdose, and the use of naloxone for reversal. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section; (B) specifically explain how the measurements described in subparagraph (A) will provide valid measures of the impact of the program described in subparagraph (A); (C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated to be effective; (D) demonstrate that all planned services will be research-informed, which may include evidence-based practices documented in— (i) the report of the Institute of Medicine entitled Preventing Mental, Emotional, and Behavioral Disorders Among Young People (ii) the National Registry of Effective Programs and Practices (commonly referred to as NREPP (E) demonstrate that the eligible entity will effectively integrate and sustain the program described in subparagraph (A) into curriculum or community outreach efforts. (d) Use of funds A grantee shall use a grant received under this section for expenses of educational efforts to— (1) prevent abuse of opioids, heroin, alcohol, and other drugs; or (2) promote treatment and recovery. (e) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Information sharing The Office of the Attorney General, in coordination with the Substance Abuse and Mental Health Services Administration and the Department of Education, shall review existing evidence-based programs and emerging practices and programs and provide information to schools and communities about such programs and practices. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. 103. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 (2) the term eligible entity (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids at levels that are— (i) significantly higher than the national average as determined by the Attorney General (including appropriate consideration of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health by the Substance Abuse and Mental Health Service Administration); or (ii) higher than the national average, as determined by the Attorney General (including appropriate consideration of the surveys described in clause (i)), over a sustained period of time; and (3) the term local drug crisis (A) a sudden increase in the abuse of prescription medications, specifically opioids, as documented by local data; or (B) the abuse of prescription medications, specifically opioids, that is significantly higher than the national average, over a sustained period of time, as documented by local data. (b) Program authorized The Attorney General, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served by the eligible entity. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria As part of an application for a grant under this section, the Attorney General shall require an eligible entity to submit a detailed, comprehensive, multi-sector plan for addressing the local drug crisis within the area served by the eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 21 U.S.C. 1521 (e) Grant amounts and duration (1) Amounts The Attorney General may not award a grant under this section for a fiscal year in an amount that exceeds— (A) the amount of non-Federal funds raised by the eligible entity, including in-kind contributions, for that fiscal year; or (B) $75,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 4 years. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (g) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997. (h) Limitation on administrative expenses Not more than 8 percent of the amounts made available pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. II Law enforcement and treatment 201. Treatment alternative to incarceration programs (a) Definitions In this section— (1) the term eligible entity (2) the term eligible participant (A) comes into contact with the criminal justice system or is charged with an offense; (B) has a history of or a current— (i) substance use disorder; (ii) mental illness; or (iii) co-occurring mental illness and substance use disorders; and (C) has been unanimously approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency. (b) Program authorized The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (1) pre-booking treatment alternative to incarceration programs, including— (A) law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; (B) receiving centers as alternatives to incarceration of eligible participants; (C) specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and (D) other arrest and pre-booking treatment alternative to incarceration models; and (2) post-booking treatment alternative to incarceration programs, including— (A) specialized clinical case management; (B) pre-trial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; (C) prosecutor and defender based programs; (D) specialized probation; (E) treatment and rehabilitation programs; and (F) drug courts, DWI courts, and veterans treatment courts. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse; (C) demonstrate that evidence-based treatment practices will be utilized; and (D) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (d) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, Tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (4) notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment of each eligible offender participating in the program to the relevant State, Tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (e) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including— (1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit; (2) payments for treatment providers that are approved by the relevant State or Tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement; and (3) payments to public and nonprofit private entities that are approved by the State or Tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (g) Geographic distribution The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) Tribal jurisdictions. (h) Reports and evaluations Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 202. Law enforcement naloxone training and implementation pilot (a) Definition In this section, the term eligible entity (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create a pilot law enforcement program to prevent opioid and heroin overdose death. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse agency to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources. (d) Use of funds An eligible entity shall use a grant received under this section to— (1) make naloxone available to be carried and administered by law enforcement officers; (2) train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and (3) establish processes, protocols, and mechanisms for referral to treatment. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $500,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grants The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section. (g) Evaluation The Attorney General shall conduct an evaluation of grants made under this section to determine— (1) the number of officers equipped with naloxone for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by officers receiving training and supplies of naloxone through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 203. Prescription drug take back expansion (a) Definition In this section, the term eligible entity (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; and (C) identify the governmental and community agencies that the project will be coordinate. (d) Use of funds An eligible entity shall use a grant received under this section for— (1) expenses of a prescription drug disposal site, including materials and resources; (2) implementing disposal procedures and processes; (3) implementing community education strategies, including community education materials and resources; (4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and (5) training of law enforcement officers and other community participants. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $250,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grant The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Evaluation (1) In general The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section. (2) Reports Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report on the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. III Treatment and recovery 301. Evidence-based opioid and heroin treatment and interventions demonstration Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended— (1) by redesignating section 514 ( 42 U.S.C. 290bb–9 Public Law 106–310 (2) by adding at the end the following: 514C. Evidence-based opioid and heroin treatment and interventions demonstration (a) Grants (1) Authority to make grants The Director of the Center for Substance Abuse Treatment (referred to in this section as the Director 25 U.S.C. 1603 (2) Recipients The entities receiving grants under paragraph (1) shall be selected by the Director. (3) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (b) Geographic distribution The Director shall ensure that grants awarded under subsection (a) are distributed equitably among the various regions of the Nation and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (c) Additional activities The Director shall— (1) evaluate the activities supported by grants awarded under subsection (a); (2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. (d) Definition The term medication assisted treatment (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2016 through 2020. (2) Use of certain funds Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c). . 302. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; and (2) the term eligible entity (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement medication assisted treatment programs (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $750,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance The Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Secretary of Health and Human Services, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Reports (1) In general An eligible entity receiving a grant under this subsection shall submit a report to the Attorney General on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed opioids and heroin; (C) the housing status of the individuals; and (D) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Attorney General shall specify. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 303. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a high school that has been accredited as a recovery high school by the Association of Recovery High Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education (3) Recovery program The term recovery program (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and healthy and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) healthy and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) primary care providers; (C) the criminal justice system, including the juvenile justice system; (D) employers; (E) housing services; (F) child welfare services; (G) institutions of secondary higher education and institutions of higher education; and (H) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. (d) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical support to recipients of grants under this section. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2016 and each of the 5 succeeding fiscal years. 304. Building communities of recovery (a) Definition In this section, the term recovery community organization (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Substance Abuse and Mental Health Services Administration, may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Maximum grant amount The ONDCP Recovery Branch may not award a grant under this section in an amount that exceeds $200,000. (d) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (e) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) primary care providers; (iii) the criminal justice system; (iv) employers; (v) housing services; (vi) child welfare agencies; and (vii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available for individuals struggling with addiction; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. (f) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical assistance to recipients of grants under this section and to provide information to individuals seeking to support people in recovery from substance use disorders. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,700,000 in fiscal year 2016 and each of the 3 succeeding fiscal years. IV Addressing collateral consequences 401. Correctional education demonstration grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. (1) by redesignating part KK as part LL; and (2) by inserting before part LL, as redesignated, the following: KK Correctional education demonstration grant program 3001. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity (b) Grant program authorized The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English as a second language instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level; (3) target career technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside post-release; (4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels; (5) include opportunities for students to attain industry recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity desiring a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of Internet access An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety. 3002. Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020. . 402. Revision of FAFSA form Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 (i) Convictions The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)). . 403. National Task Force on Recovery and Collateral Consequences (a) Definition In this section, the term collateral consequence (1) imposed on an individual as a result of a criminal conviction but not as part of the judgment of the court that imposes the conviction; or (2) that an administrative agency, official, or civil court is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other criminal offense. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary Task Force (2) Membership (A) Total number of members The Task Force shall include 9 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) Members of the Task Force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorder, law enforcement, and law; (ii) not less than 1 member who has personally experienced addiction and is in recovery; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Secretary shall appoint the members of the Task Force not later than 60 days after date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the Task Force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State drug convictions who are in recovery for substance use disorder; and (B) determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay individuals in recovery from resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations for proposed legislative and regulatory changes to reduce and, to the extent practicable, eliminate the collateral consequences identified by the Task Force under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (A) each relevant committee of Congress; (B) the head of each relevant department or agency of the United States; (C) the President; and (D) the Vice President. V Addiction and treatment services for women, families, and veterans 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders (a) Definitions In this section— (1) the term State criminal justice agency (2) the term State substance abuse agency 42 U.S.C. 300x–21 et seq. (b) Purpose and program authority (1) Grant authorization The Attorney General may award competitive grants jointly to a State substance abuse agency and a State criminal justice agency to address the use of opioids and heroin among pregnant and parenting female offenders in the State to promote public safety, public health, family permanence, and well-being. (2) Purposes and program authority A grant under this section shall be used to facilitate or enhance collaboration between the State criminal justice and State substance abuse systems in order to carry out programs to address the use of opioid and heroin abuse by pregnant and parenting female offenders. (c) Applications (1) In general A State substance abuse agency and State criminal justice agency desiring a grant under this section shall jointly submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (2) Contents (A) In general Each application for a grant under this section shall contain a plan to expand the services of the State for pregnant and parenting female offenders for the use of opioids, heroin, and other drugs, which shall be in accordance with regulations or guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services. (B) Plan A plan submitted under subparagraph (A) shall, at a minimum, include— (i) a description of how the applicants will work jointly to address the needs associated with the use of opioids or heroin by pregnant and parenting female offenders to promote family stability and permanence; (ii) a description of the nature and the extent of the problem of opioid and heroin use by pregnant and parenting female offenders in the State; (iii) a certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation, or improvement of proposed programs to address the problems associated with opioid and heroin use; (iv) a certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds; and (v) a description of clinically appropriate practices and procedures to— (I) screen and assess pregnant and parenting female offenders for problems associated with opioids and heroin; (II) provide clinically appropriate services, including medication assisted treatment, for female offenders and their children in the same location to promote family permanence and self-sufficiency; and (III) provide for a process to enhance or ensure the abilities of the State criminal justice agency and State substance abuse agency to work together to reunite families when appropriate in the case where family treatment is not provided. (d) Period of grant; renewal (1) Period A grant under this section shall be for a period of 3 years. (2) Renewal A State substance abuse agency and a State criminal justice agency receiving a grant under this section may apply for and, after the end of the period of the first grant under this section, receive 1 additional grant under this section. (e) Performance accountability; reports (1) Reports A State substance abuse agency and a State criminal justice agency receiving a grant under this section shall jointly submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant. (2) Evaluation Not later than 1 year after the end of the period of a grant under this section, the Attorney General shall submit a report to each committee of Congress with jurisdiction of the program under this section that summarizes the reports of the recipients of the grant and provides recommendations, if any, for further legislative action. (f) Training and Technical Assistance The Attorney General shall support State substance abuse and State criminal justice agencies by developing, in consultation with State substance abuse and State criminal justice agencies, and offering a program of training and technical assistance to assist the agencies in developing programs and protocols— (1) to implement this section; and (2) for effectively working across the Federal and State criminal and substance abuse systems. (g) Authorization of Appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 502. Grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 (1) by striking An entity (a) Entity Reports (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans' treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs (B) Qualified veteran The term qualified veteran (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. ; and (3) in subsection (j), as so redesignated— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Veterans treatment courts In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2016 through 2020 to carry out subsection (i). . VI Incentivizing State comprehensive initiatives to address opioid and heroin abuse 601. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term civil liability protection law (2) the term dispenser 21 U.S.C. 802 (3) the term prescriber of a schedule II, III, or IV controlled substance (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; (4) the term prescriber (5) the term schedule II, III, or IV controlled substance 21 U.S.C. 812(c) (b) Planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include— (i) data sharing with other States by statute, regulation, or interstate agreement; (ii) educating physicians, residents, medical students, and other prescribers of Schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; (C) developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by— (i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements; or (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; and (D) developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Amount A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. (D) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse; and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (E) Amount The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (i) enacting legislation that provides such civil liability protection; or (ii) providing a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (C) have a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020. | Comprehensive Addiction and Recovery Act of 2014 |
Reducing Disparities Using Care Models and Education Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine to study health disparities, existing programs and policies intended to reduce disparities, and priorities for, and expansion of, programs targeting disparities. Requires the Secretary to develop guidelines for entities to develop and implement programs to reduce health disparities. Directs the Secretary to incorporate these guidelines into HHS activities. Authorizes the Secretary to award grants for programs to reduce health disparities. Requires the Innovation Center of the Centers for Medicare and Medicaid Services (CMS) to test a payment and service delivery model that includes incentives for reducing health disparities. | 113 S2841 IS: Reducing Disparities Using Care Models and Education Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2841 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To provide for a study by the Institute of Medicine on health disparities, to direct the Secretary of Health and Human Services to develop guidelines on reducing health disparities, and for other purposes. 1. Short title This Act may be cited as the Reducing Disparities Using Care Models and Education Act of 2014 2. Findings The Congress finds as follows: (1) The infant death rate among African-Americans is more than double that of Whites. (2) The death rate for all cancers is 30 percent higher for African-Americans than for Whites; for prostate cancer, it is more than double that for Whites. (3) Black women have a higher death rate from breast cancer despite having a mammography screening rate that is nearly the same as the rate for White women. (4) Diabetes incidence is highest among Native Americans, at 15.9 percent, followed by 13.2 percent for African-Americans, 12.8 percent for Hispanics, 9.0 percent for Asians, and 7.6 percent for Whites. (5) New cases of hepatitis and tuberculosis are higher in Asians and Pacific Islanders living in the United States than in Whites. (6) Individuals in same-sex couples were more likely than individuals in different-sex couples to report a delay in getting necessary prescriptions. (7) Infants born to Black women are 1.5 to 3 times more likely to die than those born to women of other races or ethnicities, and American Indian and Alaska Native infants die from sudden infant death syndrome (SIDS) at nearly 2.5 times the rate of White infants. (8) Low-income children have higher rates of mortality (even with the same condition), have higher rates of disability, and are more likely to have multiple conditions. (9) White children are half as likely as Black and Latino children not to be in excellent or very good health. (10) As of 2012, 38.9 percent of United States adults were obese, with the highest rate among African-Americans at 47.9 percent, followed by Hispanics at 42.5 percent, Whites at 32.6 percent, and Asians at 10.8 percent. (11) The risk of stroke is twice as high for African-Americans as for Whites, and African-Americans are more likely to die of stroke. Other ethnic minorities also have higher risk than Whites. Overall, strokes are most prevalent in the Southeast United States, and less so in the Northeast. (12) African-Americans accounted for 44 percent of all those infected with HIV, despite being only 12 percent of the United States population. (13) Black men who have sex with men (MSM) ages 13 to 24 had the most new infections among youth. (14) One study found that among heterosexuals living in the same urban community, those below the poverty line were twice as likely to contract human immunodeficiency virus (HIV). (15) Persons with less than a high school diploma (6.7 percent) and high school graduates (4.0 percent) were more likely to report major depression than those with at least some college education (2.5 percent). (16) Only about 10 percent of physicians practice in rural America despite the fact that nearly one-fourth of the population lives in these areas. (17) Rural residents are less likely to have employer-provided health care coverage or prescription drug coverage, and the rural poor are less likely to be covered by Medicaid benefits than their urban counterparts. (18) Twenty percent of nonmetropolitan counties lack mental health services versus 5 percent of metropolitan counties. (19) Fifteen percent of persons with disabilities report not seeing a doctor due to cost in comparison to 6 percent of the general population. 3. Institute of Medicine study (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary (1) the extent of health disparities in the type and quality of preventive interventions, health services, and outcomes in the United States; (2) the factors that may contribute to inequities in such disparities; (3) existing programs and policies intended to reduce such disparities; (4) best practices and successful strategies in programs that aim to reduce such disparities; (5) priorities for successful intervention programs targeting such disparities; and (6) potential opportunities for expanding or replicating such programs. (b) Report The arrangement under subsection (a) shall provide for submission by the Institute of Medicine to the Secretary and Congress, not later than 20 months after the date of enactment of this Act, of a report on the results of the study. 4. Guidelines for development and implementation of Health Disparities Reduction Programs and Activities (a) Guidelines Not later than 90 days after the submission of the report described in section 3(b), and taking such report into consideration, the Secretary shall develop guidelines for entities to develop and implement programs and activities to reduce health disparities. (b) Use by HHS The Secretary shall, where appropriate, incorporate the use of the guidelines developed under subsection (a) into the programs and activities of the Department of Health and Human Services. (c) Grants for disparities reduction activities (1) In general The Secretary may award grants to entities for the development and implementation of programs and activities to reduce health disparities in accordance with the guidelines described in subparagraph (a). (2) Applications To seek a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Minimum contents The Secretary shall require that an application for a grant under this subsection contains at a minimum— (A) a description of the population and public health concern the program will target and an outreach plan to ensure that the most in need populations will benefit; (B) a description of the strategies the entity will use— (i) to develop and implement its programs and activities in accordance with the guidelines developed under subsection (a); and (ii) to make the interventions sustainable; and (C) an agreement by the entities to periodically provide data with respect to— (i) the population served; (ii) improvements in reducing health disparities; and (iii) effectiveness of the interventions used. (d) Appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020. 5. Testing alternative payment and delivery models to reduce health disparities (a) In general The Secretary acting through the Centers for Medicare and Medicaid Innovation under section 1115A of the Social Security Act ( 42 U.S.C. 1315a (b) Documentation requirement for model testing In carrying out subsection (a), the Secretary shall require that an application to conduct such testing of such a model include at least— (1) documentation of at least one health disparity targeted for reduction; (2) a root-cause analysis of the health disparity targeted for reduction; (3) identification and selection of performance targets for such reduction; (4) a proposal to make payments in some way contingent on a reduction in health disparities; and (5) a reliable method for monitoring progress in achieving such a reduction. 6. Definitions In this Act: (1) The term health disparity (2) The term intervention (3) The term Secretary | Reducing Disparities Using Care Models and Education Act of 2014 |
Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers. | 113 S2842 IS: Caregiver Corps Act of 2014 U.S. Senate 2014-09-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2842 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a Caregiver Corps program. 1. Short title This Act may be cited as the Caregiver Corps Act of 2014 2. Findings and purpose (a) Findings Congress makes the following findings: (1) As of 2013, more than 43,000,000 Americans are age 65 or older. More than 75 percent of such individuals live with chronic conditions which require assistance that helps them to live in a home- or community-based setting. In 2012, almost 38,000,000 Americans of all ages reported having one or more disabilities. (2) As of 2012, there were over 800,000 home health aides assisting older adults in their homes with activities of daily living and some light housekeeping tasks such as changing linens and preparing food. Direct care workers are critical as families and friends strive to provide quality care for individuals in the community. (3) Estimates suggest that there are 52,000,000 to 65,000,000 informal caregivers helping to provide care to adults with disabilities and illnesses. These caregivers help with a range of tasks but more time is spent on tasks such as shopping, food preparation, housekeeping, and laundry, and less time is spent on activities of daily living such as feeding, dressing, grooming, walking, bathing, and assistance toileting. (4) Over 60 percent of all informal caregivers work either full- or part-time. Even with the growing number of direct care workers available, there is a shortage in the number of people available to help support individuals who need extra assistance to remain in the community. (5) Only 12 percent of informal caregivers report having used a respite service. Respite is a means of giving the caregiver a break from their caregiving duties. Respite comes in many forms and may include having the individual attend an adult day program outside the home or having a friendly visitor serve as a companion and provide light assistance while the caregiver takes a break. (6) Respite volunteer programs exist in many communities. There is a range of ways that these programs offer incentives to the volunteers. Some programs use a time-banking or service-exchange approach as an incentive to engage volunteers, while other programs access funds from private and public sources to offer modest stipends to volunteers. (b) Purpose It is the purpose of this Act to establish a Caregiver Corps program to foster the creation of community-based Corps programs that provide for volunteer community service opportunities to address the shortage of assistance available for older adults and individuals with disabilities. 3. Establishment of Caregiver Corps program Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–6. Caregiver Corps (a) Contract for establishment of Caregiver Corps program (1) In general The Secretary shall enter into a contract with a nonprofit entity for the development of an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps (referred to in this section as Corps (2) Requirements The toolkit and guidance developed under paragraph (1) shall be based on best practice methods from existing private and public sector volunteer programs and include— (A) guidance on the recruitment, screening, and training of Corps volunteers; (B) guidance on recommended processes for administering and evaluating the performance of local Corps programs; (C) guidance on options for securing start-up and operational funding for local Corps programs; (D) sources for obtaining ongoing technical assistance; and (E) guidance on how communities can promote larger community involvement and cultivate partnerships and connections between local Corps programs. (3) Grants The Secretary may award grants to public and private nonprofit entities for the operation of local Corps programs under subsection (b) in accordance with this section. (b) Requirements of Caregiver Corps programs (1) Local Caregiver Corps programs (A) Eligibility To be eligible to be a local Corps program for purposes of this section, an entity shall be— (i) an area agency on aging; (ii) a time-banking or volunteer organizing agency; (iii) a college or university; (iv) a State, county, or local government; or (v) any other entity determined to be appropriate by the Secretary. (B) Duties and activities A local Corps program shall— (i) conduct screening and criminal history background checks of Corps volunteers; (ii) provide in-person orientation and training for Corps volunteers; (iii) develop and monitor volunteer assignments, which shall include selecting the adults to be served by Corps volunteers, matching volunteers to assignments, and supervising the volunteers; (iv) assist in the provision of appropriate volunteer recognition; (v) maintain records and prepare reports as required by the Secretary; and (vi) carry out any other activities determined appropriate by the Secretary. (2) Caregiver Corps volunteers (A) Eligibility (i) In general To be eligible to serve as a volunteer for a local Corps program, an individual shall— (I) be at least 18 years of age and willing to accept supervision as required by the local Corps program; (II) consent to a criminal background check; and (III) meet such other requirements as the local Corps program shall require. (ii) Limitation Eligibility to be a volunteer for a local Corps program shall not be restricted on the basis of education, employment experience, citizenship, race, color, creed, belief, gender, sexual orientation, national origin, disability, or political affiliation. (B) Terms of service (i) In general An individual may serve as a full- or part-time volunteer for an initial period of not to exceed 2 years. (ii) Limitation An individual who serves as a volunteer for a local Corps program shall not be considered to be an employee of the local Corps program for purposes of the application of any Federal or State employment-related law. (C) Functions (i) In general A Corps volunteer shall— (I) provide assistance to an older individual or an individual with disabilities who needs additional services to remain in the community; (II) provide assistance to give an informal caregiver respite from his or her caregiving duties; (III) serve as a companion to older individuals and individuals with disabilities; (IV) provide assistance for which such volunteer is qualified, as determined by the local Corps program; and (V) not provide personal care or administer prescription medications. (ii) Individuals to be served To be eligible to obtain Corps volunteer services, an individual shall be an adult aged 65 or older, or an individual eligible for Social Security Disability Insurance, who is in need of assistance to achieve and maintain their highest level of independent living. (iii) Required service to individuals The activities of a Corps volunteer shall involve person-to-person relationships with the individuals being served and shall not include the provision of any service to the local Corps program involved. (3) Direct benefits A local Corps program— (A) shall provide for appropriate recognition of Corps volunteers; and (B) may, at the discretion of the local Corps program, provide compensation to a Corps volunteer, in the manner determined appropriate by the local Corps program, which may include stipends, tuition incentives or academic credit, or the banking of volunteer hours for use against future needs for assistance. (4) Reporting Not less than annually, a local Corps program shall submit to the Secretary a report that contains, with respect to the year for which the report is prepared— (A) aggregate data on the number of Corps volunteers trained, the number of Corps volunteers providing service, the number of hours of service provided, and the number of individuals being served; and (B) data to inform the Secretary and local communities of any system and consumer outcome impacts of the local Corps program. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary. . | Caregiver Corps Act of 2014 |