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MTSU Fall 2024 Software Engineering 14

National Guard and Reserve Access to Counsel Act - Expands eligibility for legal assistance provided by the Armed Forces special victims' counsel for eligible members and dependents who are victims of sex-related offenses to include a member of a reserve component who is a victim of an alleged sex-offense during: (1) a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or (2) any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense (DOD).

113 S2843 IS: National Guard and Reserve Access to Counsel 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. 2843 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Ms. Klobuchar Ms. Ayotte Committee on Armed Services A BILL To amend title 10, United States Code, to provide certain members of the reserve components of the Armed Forces who are victims of sex-related offenses with access to a special victims’ counsel. 1. Short title This Act may be cited as the National Guard and Reserve Access to Counsel Act 2. Access to special victims’ counsel (a) In general Subsection (a) of section 1044e (a) Designation; purposes (1) The Secretary concerned shall designate legal counsel (to be known as Special Victims’ Counsel (2) An individual described in this paragraph is any of the following: (A) An individual eligible for military legal assistance under section 1044 (B) An individual who is— (i) not covered under subparagraph (A); (ii) a member of a reserve component of the armed forces; and (iii) a victim of an alleged sex-related offense as described in paragraph (1)— (I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or (II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense. . (b) Conforming amendment Subsection (f) of such section is amended by striking eligible for military legal assistance under section 1044 of this title described in subsection (a)(2)

National Guard and Reserve Access to Counsel Act

James Zadroga 9/11 Health and Compensation Reauthorization Act - Amends the Public Health Service Act to extend the World Trade Center (WTC) Health Program Fund through FY2041 and to index appropriations to the medical care component of the consumer price index for urban consumers. Makes funding available for: a quality assurance program for services delivered by health care providers, the WTC Program annual report, WTC Health Program Steering Committees, and contracts with Clinical Centers of Excellence. Removes the disqualification of individuals on the terrorist watch list maintained by the Department of Homeland Security (DHS) from being identified as WTC responders or WTC survivors eligible for benefits provided by the WTC Health Program. Amends the Air Transportation Safety and System Stabilization Act to make individuals (or relatives of deceased individuals) who were injured or killed in the rescue and recovery efforts after the aircraft crashes of September 11, 2001, eligible for compensation under the September 11th Victim Compensation Fund of 2001. Allows individuals to file claims for compensation under the September 11th Victim Compensation Fund of 2001 up to 30 years after regulations are updated based on this Act. Removes the cap on payments under the September 11th Victim Compensation Fund of 2001. Adds the September 11th Victim Compensation Fund and World Trade Center Health Program Fund to the list of accounts that are not subject to budget sequestration.

113 S2844 IS: James Zadroga 9/11 Health and Compensation Reauthorization 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. 2844 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mrs. Gillibrand Mr. Schumer Mr. Murphy Mr. Blumenthal Mr. Booker Mr. Menendez Ms. Warren Mrs. Shaheen Mr. Merkley Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the World Trade Center Health Program and the September 11th Victim Compensation Fund of 2001, and for other purposes. 1. Short title This Act may be cited as the James Zadroga 9/11 Health and Compensation Reauthorization Act 2. Reauthorizing the World Trade Center Health Program (a) World Trade Center Health Program Fund Section 3351 of the Public Health Service Act ( 42 U.S.C. 300mm–61 (1) in subsection (a)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking 2012 2011) 2015 through 2041 (ii) by striking subparagraph (A) and inserting the following: (A) the Federal share, consisting of— (i) for fiscal year 2015, $431,000,000; and (ii) for each fiscal year thereafter through fiscal year 2041, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers as estimated by the Secretary for the 12-month period ending with March of the previous fiscal year; plus ; and (B) by striking paragraph (4) and inserting the following: (4) Amounts from prior fiscal years Amounts that were deposited, or identified for deposit, for any fiscal year preceding fiscal year 2015, under paragraph (2)(A)(ii)(I), as such paragraph was in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act (5) Amounts to remain available until expended Amounts deposited into the Fund under this subsection shall remain available until expended. ; (2) in subsection (b)(1), by striking sections 3302(a) 3342 sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342 (3) in subsection (c)— (A) in paragraph (1)(C), by striking consumer price index for all urban consumers (all items; United States city average) medical care component of the consumer price index for all urban consumers (B) in paragraph (2)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C)— (I) by striking for each subsequent fiscal year for each of fiscal years 2013 through 2014 (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) for fiscal year 2015, $200,000; and (E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year. ; and (C) in paragraph (4)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C)— (I) by striking for each subsequent fiscal year for each of fiscal years 2013 through 2016 (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) for fiscal year 2017, $15,000,000; and (E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year. . (b) Regulations Section 3301 of the Public Health Service Act ( 42 U.S.C. 300mm (i) Regulations The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title. . (c) Clinical centers of excellence and data centers Section 3305 of the Public Health Service Act ( 42 U.S.C. 300mm–4 (1) in subsection (a)— (A) in paragraph (1)(B), by inserting and retention outreach (B) in paragraph (2)(A)— (i) in clause (i), by inserting before the semicolon , including data on the evaluation of any new WTC-related health conditions identified under section 3304(a) (ii) in clause (iii), by inserting and retention outreach (2) in subsection (b)(1)(B)(vi), by striking section 3304(c) section 3304(d) (d) World Trade Center Responders Section 3311(a) of the Public Health Service Act ( 42 U.S.C. 300mm–21(a) (1) in paragraph (4)(B)(i)(II), by striking 2020 2041 (2) by striking paragraph (5). (e) World Trade Center Survivors Section 3321(a) of the Public Health Service Act ( 42 U.S.C. 300mm–31(a) (1) in paragraph (3)(B)(i)(II), by striking 2020 2041 (2) by striking paragraph (4). (f) Payment of claims Section 3331(d)(1)(B) of the Public Health Service Act ( 42 U.S.C. 300mm–41(d)(1)(B) (1) by striking 2015 2040 (2) by striking 2016 2041 (g) World Trade Center Health Registry Section 3342 of the Public Health Service Act ( 42 U.S.C. 300mm–52 April 20, 2009 September 7, 2014 3. Reauthorizing the September 11th Victim Compensation Fund of 2001 (a) Definitions Section 402(6) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by striking , including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act (b) Purpose Section 403 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) by inserting full compensation (2) by inserting , or the rescue and recovery efforts during the immediate aftermath of such crashes (c) Timing requirements for filing a claim Section 405 of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 (1) in subsection (a)(3)(B)— (A) by striking section 407(b) section 407(b)(1) (B) by striking 5 years 30 years (C) by inserting under section 407(b)(1) which such regulations are updated (2) in subsection (c)(3)— (A) in subparagraph (A)(iii), by striking section 407(a) section 407(b)(1) (B) in subparagraph (C)(ii)(II), by striking section 407(b) section 407(b)(1) (d) Payments to eligible individuals Section 406(d) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) in paragraph (1)— (A) by striking section 407(b) section 407(b)(1) (B) by striking $2,775,000,000 such sums as may be necessary to carry out this Act (2) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking shall ratably reduce the amount of compensation due claimants under this title in a manner may ratably reduce the amount of compensation due claimants under this title if necessary (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking on or after the first day the difference between the Special Master, when amounts are available, shall pay to the claimant the amount that is equal to the difference between (ii) in clause (i)— (I) by striking during such period (II) by striking applicable to such period applicable to the 5-year period described in such paragraph (iii) in clause (ii), by striking during such period (e) Regulations Section 407(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) by striking Not later than (1) James Zadroga 9/11 Health and Compensation Act of 2010 Not later than ; and (2) by adding at the end the following: (2) James Zadroga 9/11 Health and Compensation Reauthorization Act Not later than 180 days after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act . 4. Amendment to exempt programs (a) In general Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by— (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: September 11th Victim Compensation Fund (15–0340–0–1–754). ; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: World Trade Center Health Program Fund (75–0946–0–1–551). . (b) Applicability The amendments made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

James Zadroga 9/11 Health and Compensation Reauthorization Act

Southern Prairie Potholes National Wildlife Refuge Act - Directs the Secretary of the Interior to establish the approximately 23,500-acre Southern Prairie Potholes National Wildlife Refuge in Iowa. Authorizes the Secretary to acquire land and water within the boundaries of the Refuge from willing sellers. Lists as purposes of the Refuge to: (1) enhance opportunities for outdoor recreation; (2) provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) provide for the restoration and conservation of native plants and animal communities; (4) provide critical travel and nesting habitat for migratory birds; (5) provide opportunities to private landowners to access assistance for the voluntary restoration of land for the benefit of fish and wildlife; and (6) facilitate the education of the public about nature, the environment, and the conservation of the natural resources. Directs the Secretary to: (1) administer all land, water, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage the use of volunteers and facilitate partnerships to promote public awareness, conservation, and priority uses of Refuge resources. .

113 S2845 IS: Southern Prairie Potholes National Wildlife Refuge 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. 2845 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Harkin Committee on Environment and Public Works A BILL To establish the Southern Prairie Potholes National Wildlife Refuge. 1. Short title This Act may be cited as the Southern Prairie Potholes National Wildlife Refuge Act 2. Findings Congress finds that— (1) the area of the State of Iowa known as the Southern Prairie Potholes and consisting primarily of the Willow Creek watershed in Greene County offers exceptional potential for restoration into a bountiful native wildlife habitat area; (2) ongoing restoration and preservation of this wildlife habitat area will significantly enhance opportunities for outdoor recreation in this region, including waterfowl and upland hunting, wildlife viewing, and hiking; (3) the Southern Prairie Potholes area is located at the southwestern edge of the Des Moines Lobe left by glaciers 12,000 years ago; (4) the sloughs and grassland offer a substantial oasis of both wetland and grassland habitat at the southwestern boundary of the most heavily cropped region in Iowa; (5) because of the location of the Southern Prairie Potholes at the edge of the multistate and international region known as the Prairie Potholes Region, and along important migratory flyways, the restoration and preservation of the area is critical to providing wildlife habitat across the full extent of the Prairie Potholes Region; (6) this 23,500-acre area has for years been designated by the Prairie Pothole Joint Venture as a priority area for restoration and preservation because of the importance of the area to wildlife, facilitating gradual public land acquisition for habitat restoration; (7) the area already includes the 2,134-acre Dunbar Slough wetland complex of Federal and State land managed as popular wildlife and hunting areas serving Carroll, Greene, and Guthrie Counties and beyond; (8) national wildlife refuges increasingly follow a mosaic pattern with a core of publicly held land surrounded by privately held land also located within the refuge boundary; (9) private ownership and uses are not affected for private land within the designated boundaries of the refuge, but private landowners may be provided increased opportunities for partnering on conservation or restoration practices; (10) restoration and preservation of the Southern Prairie Potholes area will benefit hundreds of birds, mammals, butterflies, reptiles, and amphibians that have been classified as species of greatest conservation need, including the endangered Bland­ing’s turtle; (11) restoration of grassland and wetland in the area will contribute to improved flood control and water quality downstream, as the Middle Raccoon River is the major water source for the Des Moines metropolitan region and other communities; (12) the Southern Prairie Potholes area offers unique recreational appeal because the area is adjacent to the existing Whiterock Conservancy, a 4,300-acre land trust dedicated to conserving and protecting the natural resources of Iowa and engaging the public with the landscape; (13) Whiterock Conservancy offers outdoor recreation and education and includes a major new Backcountry Trail complex; (14) the proximity of the Southern Prairie Potholes to the largest metropolitan area in Iowa adds to the ability of the area to provide natural resource experiences to a broad community; and (15) the area is already attracting cyclists, and that appeal will grow with ongoing development of the cross-country American Discovery Trail transecting the area. 3. Definitions In this Act: (1) Refuge The term Refuge (2) Secretary The term Secretary 4. Establishment and purpose of refuge (a) Establishment (1) In general The Secretary shall establish the Southern Prairie Potholes National Wildlife Refuge, consisting of approximately 23,500 acres of Federal land, water, and interests in land and water within the boundaries depicted on the map entitled Southern Prairie Potholes Project Area (2) Boundary revisions The Secretary shall make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Purposes The purposes of the Refuge are— (1) to enhance opportunities for outdoor recreation, including waterfowl and upland hunting, hiking, native habitat exploration, and wildlife viewing; (2) to provide for the restoration or preservation of Refuge land to native wetland and grassland habitats and landscapes; (3) to provide for the restoration and conservation of native plants and animal communities on suitable sites in the Southern Prairie Potholes area, including the protection of threatened and endangered species and the restoration of extirpated species; (4) to provide critical travel and nesting habitat for migratory birds; (5) to provide opportunities to private landowners to access technical or financial assistance for the voluntary restoration of the land of the private landowners for the benefit of fish and wildlife; (6) to provide for outdoor recreation, including hunting, hiking, paddling, and wildlife viewing to the public; and (7) to facilitate the education of the public, especially young people, about nature, the environment, and the conservation of the natural resources. (c) Effective date (1) In general The establishment of the Refuge shall take effect on the date on which the Secretary publishes a notice that sufficient property has been acquired by the United States within the boundaries described in subsection (a)(1) to constitute an area that can be efficiently managed as a National Wildlife Refuge. (2) Publication The Secretary shall publish the notice described in paragraph (1) in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries described in subsection (a)(1). 5. Administration of Refuge (a) In general Subject to the purposes described in section 4(b), the Secretary shall administer all land, water, and interests in land and water acquired under this Act in accordance with the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. (b) Additional authority The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish- and wildlife-oriented recreational opportunities, as the Secretary considers appropriate to carry out the purposes of this Act. (c) Priority uses In providing opportunities for compatible fish- and wildlife-oriented recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1996 ( 16 U.S.C. 668dd(a) (d) Volunteers and partnerships The Secretary shall encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness, conservation, and priority uses of the resources of the Refuge. 6. Acquisition of land and water (a) In general Subject to subsection (c) and the availability of appropriations, the Secretary may acquire up to 23,500 acres of land and water, or interests in land and water, within the boundaries of the Refuge as described in section 4(a)(1). (b) Inclusion in refuge Any land, water, or interests acquired by the Secretary under this section shall be part of the Refuge. (c) Manner of acquisition All acquisition of land or water under this section shall be made in a voluntary manner from willing sellers only. 7. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.

Southern Prairie Potholes National Wildlife Refuge Act

Economic Development Through Tribal Land Exchange Act - Requires the Secretary of the Interior, upon receipt of confirmation that Lloyd L. Fields has executed and deposited with an escrow holder in California a deed conveying title to certain lands designated on the Morongo Indian Reservation, County of Riverside, State of California Land Exchange Map (dated May 22, 2014) as "Fields lands" to the United States in trust for the exclusive use and benefit of the Morongo Band of Mission Indians, and upon receipt by Fields of confirmation that the Secretary has executed and deposited with such escrow holder a patent conveying title to lands designated as "Morongo lands" to Fields and a specified easement to the city of Banning in Riverside County in California for a public right-of-way, to instruct such escrow holder to cause: (1) the patent to the Morongo lands to be recorded and issued to Fields, (2) such easement to be recorded and issued to the city, and (3) the deed to the Fields lands to be delivered to the Secretary. Instructs the Secretary, after completion of such transfers and as soon as practicable after receipt of confirmation that the city has vacated its interest in land designated as "Banning land," to cause such land to be held in trust for the Tribe subject to: (1) any valid existing rights of any third parties, and (2) legal review and approval of the form and content of all instruments of conveyance.

113 S2847 IS: Economic Development Through Tribal Land Exchange 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. 2847 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mrs. Boxer Committee on Indian Affairs A BILL To provide for certain land to be taken into trust for the benefit of the Morongo Band of Mission Indians, and for other purposes. 1. Short title This Act may be cited as the Economic Development Through Tribal Land Exchange Act 2. Definitions In this Act: (1) City The term City (2) Fields The term Fields (3) Map The term map Morongo Indian Reservation, County of Riverside, State of California Land Exchange Map (4) Parcel A The term Parcel A Fields lands (5) Parcel B The term Parcel B Morongo lands (6) Parcel C The term Parcel C Banning land (7) Parcel D The term Parcel D Easement to Banning (8) Secretary The term Secretary (9) Tribe The term Tribe 3. Transfer of land; trust land; easement (a) Transfer of Parcel A and Parcel B and easement over Parcel D Subject to any valid existing rights of any third parties and to legal review and approval of the form and content of any and all instruments of conveyance and policies of title insurance, on receipt by the Secretary of confirmation that Fields has duly executed and deposited with a mutually acceptable and jointly instructed escrow holder in California a deed conveying clear and unencumbered title to Parcel A to the United States in trust for the exclusive use and benefit of the Tribe, and on receipt by Fields of confirmation that the Secretary has duly executed and deposited into escrow with that mutually acceptable and jointly instructed escrow holder a patent conveying clear and unencumbered title in fee simple to Parcel B to Fields and has duly executed and deposited into escrow with that mutually acceptable and jointly instructed escrow holder an easement to the City for a public right-of-way over Parcel D, the Secretary shall instruct the escrow holder to simultaneously cause— (1) the patent to Parcel B to be recorded and issued to Fields; (2) the easement over Parcel D to be recorded and issued to the City; and (3) the deed to Parcel A to be delivered to the Secretary, who shall immediately cause the deed to Parcel A to be recorded and held in trust for the Tribe. (b) Transfer of Parcel C After completion of the transfers under subsection (a) and as soon as practicable after receipt by the Secretary of confirmation that the City has vacated the interest of the City in Parcel C in accordance with all applicable State and local laws, the Secretary shall cause Parcel C to be held in trust for the Tribe subject to— (1) any valid existing rights of any third parties; and (2) legal review and approval of the form and content of any and all instruments of conveyance.

Economic Development Through Tribal Land Exchange Act

Small Airport Regulation Relief Act of 2014 - Prescribes a special rule to require the Secretary of Transportation (DOT) for FY2015-FY2017 to apportion amounts for airport planning and development and noise compatibility planning and programs to sponsors of primary airports based on the number of passenger boardings at the airport during calendar year 2012 if it had: (1) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for FY2015-FY2017, and (2) 10,000 or more passenger boardings during calendar year 2012.

113 S2848 IS: Small Airport Regulation Relief 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. 2848 IN THE SENATE OF THE UNITED STATES September 17 (legislative day, September 16), 2014 Mr. Enzi Mr. Barrasso Mr. Franken Mrs. Fischer Mr. Heinrich Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, with respect to apportionments under the Airport Improvement Program, and for other purposes. 1. Short title This Act may be cited as the Small Airport Regulation Relief Act of 2014 2. Apportionments Section 47114(c)(1) (G) Special rule for fiscal years 2015 through 2017 Notwithstanding subparagraph (A), the Secretary shall apportion to the sponsor of an airport under that subparagraph, for each of fiscal years 2015, 2016, and 2017, an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport had— (i) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2015, 2016, or 2017 under subparagraph (A); and (ii) 10,000 or more passenger boardings during calendar year 2012. .

Small Airport Regulation Relief Act of 2014

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2014 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH research on Tourette syndrome. Requires the Director to develop a system to collect data on Tourette syndrome, including epidemiological information, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the Director to award grants and contracts to public or nonprofit private entities to support four to six Collaborative Research Centers for Tourette Syndrome in different regions to conduct basic and clinical research on Tourette syndrome. Requires the Director to award grants for research on the full range of symptoms within the Tourette syndrome clinical spectrum and the efficacy of treatment options for particular patient subpopulations. Requires the Director to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.

113 S2851 IS: Collaborative Academic Research Efforts for Tourette Syndrome Act of 2014 U.S. Senate 2014-09-18 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. 2851 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Menendez Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome. 1. Short title This Act may be cited as the Collaborative Academic Research Efforts for Tourette Syndrome Act of 2014 2. Programs of the National Institutes of Health relating to Tourette syndrome Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: 409K. Expansion, intensification, and coordination of activities with respect to Tourette syndrome (a) In general The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. (b) Data collection (1) System In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. (2) Broad and narrow definitions The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. (3) Collection by population and geographical region The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. (c) Collaborative Research Centers for Tourette Syndrome (1) In general In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. (2) Research Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. (3) Services for patients (A) In general A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. (B) Referral and costs A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. (4) Organization of Collaborative Research Centers for Tourette Syndrome (A) In general A center under paragraph (1) may— (i) use the facilities of a single institution; or (ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center’s services and geographic coverage. (B) Eligibility requirements To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. (5) Number of centers; duration of support (A) In general Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). (B) Geographical distribution The Secretary shall— (i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and (ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. (C) Duration Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. (d) Research on symptomology and treatment In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on— (1) the full range of symptomology within the Tourette syndrome clinical spectrum; and (2) the efficacy of treatment options for particular patient subpopulations. (e) Funding Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome. .

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2014

State Regulatory Representation Clarification Act of 2014 - Amends the Federal Deposit Insurance Act to require that one of the presidential appointees to the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) once served as a state bank supervisor.

113 S2852 IS: State Regulatory Representation Clarification Act of 2014 U.S. Senate 2014-09-18 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. 2852 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coburn Ms. Hirono Committee on Banking, Housing, and Urban Affairs A BILL To clarify membership requirements for the Board of Directors of the Federal Deposit Insurance Corporation. 1. Short title This Act may be cited as the State Regulatory Representation Clarification Act of 2014 2. Purposes The purposes of this Act are— (1) to reaffirm the importance of having the perspective of State banking regulators on the Board of Directors of the Federal Deposit Insurance Corporation; and (2) to ensure that the Board of Directors of the Federal Deposit Insurance Corporation includes a member who has served as a State banking supervisor. 3. State banking supervisor experience on Board of Directors of the Federal Deposit Insurance Corporation Section 2(a)(1)(C) of the Federal Deposit Insurance Act ( 12 U.S.C. 1812(a)(1)(C) State bank supervisory experience served as a State bank supervisor, as defined in section 3(r)(1) of this Act 4. Rule of construction Nothing in this Act shall be construed as affecting the appointment or reappointment of individuals who were members of the Board of Directors of the Federal Deposit Insurance Corporation as of January 1, 2014.

State Regulatory Representation Clarification Act of 2014

Accelerating Action in Maternal and Child Health Act of 2014 - Directs the President to establish a strategy to: accelerate action in each of the priority countries listed in this Act to combat the leading causes of maternal, newborn, and child mortality; and strengthen the capability of the United States to be an effective leader in maternal, newborn, and child health, particularly in Africa, and in a broader effort to end maternal, newborn, and child deaths worldwide. Requires the United States to establish a pilot program for innovative financing mechanisms to deliver maternal, newborn, and child health interventions in such countries.

113 S2853 IS: Accelerating Action in Maternal and Child Health Act of 2014 U.S. Senate 2014-09-18 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. 2853 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coons Mr. Graham Mr. Cardin Committee on Foreign Relations A BILL To implement policies to end preventable maternal, newborn, and child deaths globally. 1. Short title This Act may be cited as the Accelerating Action in Maternal and Child Health Act of 2014 2. Purpose The purpose of this Act is to provide tools for the United States Government to use to accelerate the reduction of preventable maternal, newborn, and child deaths in 24 United States Agency for International Development (USAID) focus countries by 2020, saving 15,000,000 children and 600,000 mothers. 3. Findings Congress makes the following findings: (1) Over the past 2 decades, child mortality has reduced by nearly 50 percent and maternal mortality has reduced by 40 percent, thanks in large part to United States Government action and intervention. (2) In the last 3 years, 24 priority countries—of which 16 are in Africa—have achieved an 8 percent reduction in under-5 mortality, saving 500,000 lives. (3) The report Acting on the Call: Ending Preventable Child and Maternal Deaths (4) To achieve Millennium Development Goal 4—to reduce child mortality by 2/3 (5) According to the World Health Organization (WHO), every year 6,600,000 children under the age of 5—primarily infants—die from preventable or treatable causes, and more than 800 women die every day from complications during pregnancy and childbirth. (6) The vast majority of these deaths occur in the developing world and countries in Africa have the highest burden. (7) The highest rates of child mortality are still in sub-Saharan Africa, with an under-5 mortality rate of 98 deaths per 1,000 live births—more than 15 times the average for developed regions. (8) Investing in women and children reduces poverty, stimulates economic growth, and most importantly, saves lives. (9) Health products, such as vaccines and treatments, have contributed significantly to recent successes in child and maternal survival globally. New approaches and technologies are critically needed to accelerate progress toward ending preventable maternal and child deaths. (10) The WHO identifies the following leading causes of maternal, newborn, and child mortality: (A) Leading causes of maternal mortality in low-income countries include post-partum bleeding, infection, and hypertension. (B) Newborn deaths account for approximately 44 percent of deaths among children under age 5 and are predominantly caused by infections, premature birth, and asphyxia. (C) Most deaths of children under the age of 5 are a result of preventable causes, such as respiratory infections (commonly from pneumonia), diarrhea, and malaria. (D) Malnutrition is the underlying contributing factor in about 45 percent of all child deaths, making children more vulnerable to severe diseases. 4. Statement of policy It is the policy of the United States, in partnership with host governments, international financial institutions, nongovernmental organizations, faith-based organizations, and the private sector, to establish a comprehensive, coordinated, integrated strategy to combat the leading causes of maternal, newborn, and child mortality globally by— (1) building on progress and success to date; (2) scaling up the most effective evidence-based interventions with a focus on country ownership; (3) focusing on USAID’s 24 priority countries; (4) streamlining existing resources and scaling up increased targeted resources; (5) increasing transparency and accountability; and (6) creating innovative new public-private financing mechanisms. 5. Strategy (a) In general The President shall establish a strategy to accelerate action in each of the 24 priority countries set forth in section 7, building on the evidence outlined in USAID’s Acting on the Call: Ending Preventable Child and Maternal Deaths (b) Elements The strategy established under subsection (a) shall— (1) include specific objectives, multisectoral approaches, and specific strategies to address the leading causes of death among mothers during pregnancy, childbirth, and post-delivery; newborns in their first 28 days; and children under the age of 5; (2) clarify the responsibilities of the country, the implementing organization, and the United States in the achievement of such objectives; (3) include regular benchmarks to measure, where appropriate, progress toward achieving such objectives; (4) utilize data and modeling to implement the most effective interventions for saving 15,000,000 children and 600,000 mothers; (5) illustrate the result of coordination among relevant executive branch agencies, foreign governments, and international organizations; (6) provide projected levels of resources needed to achieve the stated objectives; (7) expand public-private partnerships for research and innovation and for leveraging resources in new and innovative ways; and (8) use open, fair, and competitive procedures wherever appropriate and possible in the administration, execution, and evaluation of the program. (c) Targeted services The strategy established under subsection (a) should focus on the following evidence-based categories of intervention: (1) Safe motherhood and newborn survival, including— (A) prenatal and postnatal care for mothers and newborns; (B) quality care during labor and delivery, including in emergencies; and (C) education on healthy timing and spacing of pregnancies. (2) Healthy households and schools, including Water, Sanitation, and Hygiene (WASH). (3) Nutrition, including— (A) maternal and child nutrition during the first 1,000 days; and (B) prevention of maternal malnutrition. (4) Healthy childhood, including— (A) vaccines for the leading causes of maternal, newborn, and child deaths; (B) prevention and treatment for pneumonia and diarrhea; (C) prevention of mother-to-child transmission of HIV (PMTCT); (D) prevention and treatment of malaria; and (E) capacity-building of health professionals. 6. Establishment of an innovative public-private financing mechanism The United States Government shall establish a pilot program for innovative financing mechanisms for delivering maternal, newborn, and child health interventions in the 24 priority countries set forth in section 7 based on the specific recommendations outlined by the convening of high-level global experts at the 2014 United Nations General Assembly. The innovative financing framework will establish a method to mobilize capital for health utilizing tools, including loans and loan guarantees, volume guarantees, development impact bonds, or partner government taxes, levies, fees, and funds. 7. Priority countries (a) In general Based on the global target list developed by USAID, the priority countries for receiving maternal and child health programming under this Act are the following: (1) Afghanistan. (2) Bangladesh. (3) The Democratic Republic of the Congo (DRC). (4) Ethiopia. (5) Ghana. (6) Haiti. (7) India. (8) Indonesia. (9) Kenya. (10) Liberia. (11) Madagascar. (12) Malawi. (13) Mali. (14) Mozambique. (15) Nepal. (16) Nigeria. (17) Pakistan. (18) Rwanda. (19) Senegal. (20) South Sudan. (21) Tanzania. (22) Uganda. (23) Yemen. (24) Zambia. (b) Eligibility criteria The United States Government should give preference to applying mechanisms under this Act to the countries listed under subsection (a) that have reached or made progress towards 2001 Abuja Declaration commitments involving pledges to increase government funding for health to at least 15 percent within the next 5 years. A candidate country should be also considered to be an eligible country by demonstrating a commitment to— (1) peaceful and democratic governance; (2) civil society engagement; (3) economic freedom; and (4) investments in the people of such country, particularly in maternal, newborn, and child health. 8. Progress report Beginning 2 years after the date of the enactment of this Act, the President shall provide an annual progress report to Congress on activities under this Act, including— (1) data on mechanisms implemented under this Act, including a description of how they are designed, managed, and monitored and evaluated; (2) how many mechanisms are implemented and where; and (3) the results of implementation of such mechanisms, and recommendations for improving these mechanisms to ensure future growth and success. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019, to remain available until expended.

Accelerating Action in Maternal and Child Health Act of 2014

Preserving American Homeownership Act of 2014 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared equity mortgage modifications designed to return greater net present value to investors than other loss-mitigation activities, including foreclosure. Requires a shared equity mortgage modification to: reduce by specified action the loan-to-value ratio of a covered mortgage to 100% or less within 3 years; reduce the interest rate if such a reduction of principal would not result in an affordable reduced monthly payment; reduce to a specified amount any periodic payment the homeowner is required to make; require the homeowner to pay the investor, upon refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of the equity value of the real property, subject to certain conditions; be designed to deliver maximal net present value to the investor; and be based on specified factors.

113 S2854 IS: Preserving American Homeownership Act of 2014 U.S. Senate 2014-09-18 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. 2854 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Menendez Ms. Warren Mr. Reed Mr. Blumenthal Committee on Banking, Housing, and Urban Affairs A BILL To establish pilot programs to encourage the use of shared equity mortgage modifications, and for other purposes. 1. Short title This Act may be cited as the Preserving American Homeownership Act of 2014 2. Findings Congress finds the following: (1) High national, regional, or local foreclosure rates destabilize the economy, housing market, and neighborhoods of the United States. (2) Shared equity mortgage modifications can provide alternatives to foreclosures that benefit both underwater homeowners and mortgage investors. 3. Shared equity mortgage modification pilot programs (a) Definitions In this section— (1) the term covered mortgage (A) that is— (i) purchased by, guaranteed by, or otherwise sold to the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or (ii) insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. (B) that is secured by real property that is the primary or secondary residence of a homeowner; (C) that is in an amount that is greater than the appraised value of the real property securing the mortgage on or about the date on which the homeowner is approved to participate in the pilot program under subsection (b); (D) with respect to which the homeowner— (i) is not fewer than 60 days delinquent; or (ii) is at risk of imminent default; (E) of a homeowner who has a documented financial hardship that prevents or will prevent the homeowner from making mortgage payments; and (F) that may, at the discretion of the Director of the Federal Housing Finance Agency with respect to mortgage-backed securities or participation certificates issued by an enterprise or of the Secretary of Housing and Urban Development with respect to mortgage-backed securities issued by the Government National Mortgage Association, respectively, be made part of any security instrument that may combine or separate the mortgage note and equity position in the real property securing the mortgage; (2) the term equity value of the real property (3) the term enterprise (4) the term homeowner (5) the term investor (A) the mortgagee under a covered mortgage; or (B) in the case of a covered mortgage that collateralizes an asset-backed security, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (6) the term pilot program (7) the term shared equity mortgage modification (b) Pilot programs established The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall each establish a pilot program to encourage the use of shared equity mortgage modifications that are designed to return greater net present value to investors than other loss-mitigation activities, including foreclosure. (c) Shared equity mortgage modification For purposes of the pilot program, a shared equity mortgage modification shall— (1) reduce the loan-to-value ratio of a covered mortgage to 100 percent or less within 3 years, by reducing the difference between the initial original principal obligation amount owed on the covered mortgage and the reduced principal obligation amount determined by the targeted loan-to-value ratio set forth in this paragraph by 1/3 (2) reduce the interest rate for a covered mortgage, if a reduction of principal under paragraph (1) would not result in a reduced monthly payment that is affordable to the homeowner; (3) reduce the amount of any periodic payment required to be made by the homeowner, so that the amount payable by the homeowner is equal to the amount that would be payable by the homeowner if, on the date on which the shared equity mortgage modification takes effect— (A) all reductions of the amount of principal under paragraph (1) had been made; and (B) any reduction in the interest rate under paragraph (2) for which the covered mortgage is eligible had been made; (4) require the homeowner to pay to the investor upon refinancing or selling the real property securing a covered mortgage, a percentage (not to exceed 50 percent) of the equity value of such real property, provided that— (A) the dollar amount due to the investor upon such sale or refinance shall not exceed an amount that is equal to twice the largest dollar amount of the principal reduction that the homeowner achieved as a result of the principal reduction under paragraph (1); (B) the cap established under subparagraph (A) shall on February 1 of the year following the year of enactment of this Act, and each February 1 thereafter, be adjusted for inflation, by multiplying the prior year’s cap amount by the ratio of the annual average of the Consumer Price Index for All Urban Consumers (CPI–U), or a BLS-designated successor to CPI–U, for the prior calendar year to its annual average for the calendar year two years prior; and (C) the investor is permitted to structure the equity-sharing interest that the investor is entitled to receive under this paragraph to be transferrable, including by structuring such interest for future sale to other investors; (5) be designed to deliver maximal net present value to the investor, taking into account— (A) the principal reduction under paragraph (1); (B) any interest rate reductions under paragraph (2); (C) expected reductions in foreclosure and in any other costs that might reduce net present value; and (D) the value of the equity sharing interest determined under paragraph (4); and (6) be based on factors including the percentage value of any principal reduction under paragraph (1), the amount of any such principal reduction, and any other factors as determined appropriate by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively. (d) Determination of value of home (1) In general For purposes of this section, the value of real property securing a covered mortgage shall be determined by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor. (2) Time for determination The value of real property securing a covered mortgage shall be determined on a date that is as close as practicable to the date on which a homeowner begins to participate in a pilot program. (3) Cost (A) Responsibility for cost (i) Initial cost The investor shall pay the cost of an appraisal under paragraph (1). (ii) Deduction from homeowner share At the option of the investor, up to one-half of the cost of an appraisal under paragraph (1) may be added to the amount paid by the homeowner to the investor under subsection (c)(4). (B) Reasonableness of cost The cost of an appraisal under paragraph (1) shall be reasonable, as determined by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively. (4) Second appraisal At the time of refinancing or sale of real property securing a covered mortgage, the investor may request a second appraisal of the value of the real property, at the expense of the investor, by a licensed appraiser selected by the Director of the Federal Housing Finance Agency or the Federal Housing Commissioner, respectively, who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, if the investor believes that the sale price or claimed value at the time of the refinancing is not an accurate reflection of the fair market value of the real property. (e) Eligibility for reduction of principal Each pilot program shall provide that a homeowner is not eligible for a reduction in the amount of principal under a covered mortgage under a shared equity mortgage modification if, after the homeowner begins participating in the pilot program, the homeowner— (1) is delinquent on more than 3 payments under the shared equity mortgage modification during any of the 3 successive 1-year periods beginning on the date on which the shared equity mortgage modification is made; and (2) fails to be current with all payments described in paragraph (1) before the end of each 1-year period described in paragraph (1). (f) Participation by servicers The Director of the Federal Housing Finance Agency shall require each enterprise to require that any servicer of a covered mortgage in which the enterprise is an investor participate in the pilot program of the Federal Housing Finance Agency by offering shared equity mortgage modifications to a random and statistically significant sampling of homeowners with covered mortgages. (g) Studies and reports The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall— (1) conduct annual studies of the pilot program of the Federal Housing Finance Agency and the Federal Housing Administration, respectively; (2) submit a report to Congress containing the results of each study at the end of each of the 3 successive 1-year periods beginning on the date on which the pilot program is established; and (3) make publicly available to the maximum extent possible, consistent with the protection of any personal information, and in a timely manner any data generated by the pilot program.

Preserving American Homeownership Act of 2014

Retirement Security Preservation Act of 2014 - Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants under defined benefit plans.

113 S2855 IS: Retirement Security Preservation Act of 2014 U.S. Senate 2014-09-18 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. 2855 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Cardin Mr. Portman Committee on Finance A BILL To amend the nondiscrimination provisions of the Internal Revenue Code of 1986 to protect older, longer service participants. 1. Short title This Act may be cited as the Retirement Security Preservation Act of 2014 2. Protecting older, longer service participants (a) In general Subsection (a) of section 401 (1) by striking the semicolon at the end of paragraph (2) and inserting ; and (2) by striking ; and (3) by striking paragraph (4) and inserting the following: (4) Nondiscrimination (A) In general A trust shall not constitute a qualified trust under this section unless the contributions or benefits provided under the plan do not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(3) (A) and (C). (B) Protection of older, longer service participants (i) A defined benefit plan that provides benefits, rights, or features to a closed class of participants shall not fail to satisfy the requirements of this paragraph by reason of the composition of such closed class or the benefits, rights, or features provided to such closed class, if— (I) such closed class and such benefits, rights, and features satisfied the requirements of subparagraph (A) (without regard to this clause) as of the date that the class was closed, and (II) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment is adopted that does not meet the requirements of subclause (II), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (II)) as of the effective date of such amendment. In such cases, subclauses (I) and (II) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. (ii) A defined contribution plan shall be permitted to be tested on a benefits basis if— (I) the plan provides make-whole contributions to a closed class of participants whose defined benefit plan accruals have been reduced or eliminated, (II) such closed class of participants satisfied section 410(b)(2)(A)(i) as of the date that the class of participants was closed, and (III) after the date as of which the class was closed, any plan amendments that modify the closed class or the allocations, benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment is adopted that does not meet the requirements of subclause (III), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. (iii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of the portion of one or more defined contribution plans described in clause (ii) that provide make-whole contributions, such portion of such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that— (I) provides matching contributions (as defined in subsection (m)(4)(A)), or (II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). (C) Definitions For purposes of this paragraph— (i) Make-whole contributions The term make-whole contributions (ii) References to closed class of participants References to a closed class of participants and similar references to a closed class shall include arrangements under which one or more classes of participants are closed. (D) Protecting grandfathered participants in defined benefit plans (i) A defined benefit shall be permitted to be tested on a benefits basis with one or more defined contribution plans if— (I) the plan provides benefits to a closed class of participants, (II) the plan and such benefits satisfy the requirements of subparagraph (A) (without regard to this subparagraph) as of the date the class was closed, and (III) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits provided to such closed class satisfy subparagraph (A) (without regard to this subparagraph). If a plan amendment is adopted that does not meet the requirements of subclause (III), the plan shall be treated as meeting the requirements of this paragraph if such plan satisfied such requirements (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the date that the class was closed. (ii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of one or more defined benefit plans that meet the requirements of subclauses (I), (II), and (III) of clause (i), such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that— (I) provides matching contributions (as defined in subsection (m)(4)(A)), or (II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). (E) Rules The Secretary may prescribe rules to prevent abuse of the plan designs otherwise permitted by reason of subparagraphs (B) and (D). Such rules shall be directed toward abuses under which the defined benefit plan was established within a specified period prior to the date that— (i) the closed class of participants referred to in subparagraph (B)(i), (B)(ii), or (D)(i) is closed, or (ii) the defined benefit plan accruals have been reduced or eliminated, in the case of the make-whole contributions described in subparagraph (C). (F) Transition rules Within 1 year after the date of enactment of the Retirement Security Preservation Act of 2014 (i) whether the closing of the class of participants referred to in such subparagraphs occurred before or after such date of enactment, or (ii) plan amendments that were adopted or effective before such date of enactment and that would not have been necessary if subparagraphs (B) and (D) had been in effect. . (b) Participation requirements Paragraph (26) of section 401(a) (I) Protected participants A plan shall be deemed to satisfy the requirements of subparagraph (A) if— (i) the plan is amended— (I) to cease all benefit accruals, or (II) to provide future benefit accruals only to a closed class of participants, and (ii) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment. The Secretary may prescribe such rules as are necessary or appropriate to fulfill the purposes of this subparagraph, including prevention of abuse of this subparagraph in the case of plans established within a specified period prior to the effective date of the amendment. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referenced in such amendments are adopted or effective before, on, or after such date of enactment.

Retirement Security Preservation Act of 2014

Naugatuck River Valley National Heritage Area Study Act - Instructs the Secretary of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. Requires submission of the study's results to Congress.

113 S2857 IS: Naugatuck River Valley National Heritage Area Study Act U.S. Senate 2014-09-18 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. 2857 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Blumenthal Mr. Murphy Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut, and for other purposes. 1. Short title This Act may be cited as the Naugatuck River Valley National Heritage Area Study Act 2. National park service study regarding Naugatuck River Valley, Connecticut (a) Findings Congress finds the following: (1) The area that encompasses the Naugatuck River Valley of Connecticut has made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Naugatuck River Valley is comprised of 14 communities along the Naugatuck River, which stretches for more than 40 miles from its headwaters in Torrington, Connecticut, to the confluence with the Housatonic River in Shelton. The 14 municipalities of Torrington, Harwinton, Litchfield, Plymouth/Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share common historical elements, agricultural, trade, and maritime origins, similar architecture, common industries, an immigrant culture succeeding colonial beginnings, and a significant contribution to the war effort from the Revolutionary War to World War II. Most of these elements are still in evidence today. (3) Three major industries drove the manufacturing contribution of the Valley. As evidenced in the book, The Brass Industry in the United States, by William Lathrop, the brass industry was born in Connecticut’s Naugatuck River Valley and harnessed the power of the Naugatuck River and the skilled immigrant workers who arrived from Germany, Ireland, Italy, and Poland. (4) The Naugatuck River Valley also spawned the birth of the rubber industry in the United States when Charles Goodyear developed the vulcanization process in 1839. Together with Samuel Lewis, a wealthy industrialist from Naugatuck, Connecticut, Goodyear parlayed his innovation into establishing the U.S. Rubber Company, making Naugatuck the rubber capital of the world. (5) The Naugatuck River Valley was also a major contributor to the success of the United States clock industry. Eli Terry designed interchangeable parts for his clocks assembled in Terryville. Renowned clockmaker Seth Thomas began making the first of millions of clocks in Thomaston, Connecticut, in 1813. His company continued until 1931 when it became a division of General Time Corporation (Timex). Other important industries included pens, evaporated milk, pianos and organs, corset stays, and cables. (6) The Naugatuck River Valley has been a major contributor to the United States war efforts from the American Revolution to the Civil War to World War II. In the 2007 PBS film The War arsenal (7) The Naugatuck River Valley has been home to many great authors, diplomats, inventors and patriots, such as David Humphreys, Aide-de-Camp to General George Washington and the first American ambassador; Commodore Isaac Hull, Commander of Old Ironsides (8) The Naugatuck River Valley possesses a rich and diverse assemblage of architecturally significant civic, industrial and residential structures and monuments dating from Colonial times to the present. There are 88 structures in the Naugatuck Valley included on the National Register of Historic Places. The first law school in America was built in Litchfield. Notable examples of the variety of architecture found in the Valley include Robert Wakeman Hill’s brilliantly designed Thomaston Opera House and Town Hall; H.E. Ficken’s acoustically impressive Sterling Opera House in Derby, site of appearances by many nationally known performers; Waterbury’s Clock Tower, designed by the renowned architectural firm of McKim, Mead & White which also designed four buildings in Naugatuck; Henry Bacon, designer of the Lincoln Memorial and two structures in Naugatuck; and the Father McGivney Statue cast by Joseph Coletti of Boston to honor the Waterburian who founded the Knights of Columbus. (9) The Naugatuck River Valley has been a melting pot for immigrant populations who have made significant contributions to the industrial, cultural, and economic development of the nation. (10) The Naugatuck River Valley possesses a group of public-spirited citizens dedicated to the preservation and promotion of the region’s natural, historic, and cultural heritage, and a passionate resolve to work together for the betterment of the Valley and its residents. (b) Study (1) In general The Secretary of the Interior shall, in consultation with the State of Connecticut and appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. (2) Contents The study shall include analysis and documentation regarding whether the Study Area— (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the study area The Study Area shall be comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut. (d) Submission of study results Not later than 3 years after funds are first made available for this section, 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 describing the results of the study.

Naugatuck River Valley National Heritage Area Study Act

Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 - Requires railroad carriers found at fault for an unintended release of hazardous materials (hazmat) due to a railroad accident or incident during calendar year 2010 to: review periodically any post-accident public health assessments of hazmat-exposed individuals who could experience long-lasting or irreversible health effects; inform those individuals in a timely manner of any health information, including information on long-lasting or irreversible health consequences; and offer to renegotiate any legal settlements made to affected individuals in which additional information about potential for such consequences has been later disclosed in a post-accident public health assessment. Directs the Secretary of Transportation (DOT) to prescribe regulations: requiring railroad carriers transporting hazmat to give first responders, emergency response officials, and law enforcement personnel accurate and current commodity flow data and assist with the development of emergency operations and hazmat response plans for railroad accidents or incidents; and establishing a procedure for railroad carriers to permit a train to pass a red signal at a moveable bridge. Requires the Secretary, in collaboration with the Secretary of Homeland Security (DHS) and the American Short Line and Regional Railroad Association, to develop route safety and security risk assessment tools for short line and regional railroad carriers. Revises the railroad safety risk reduction program by requiring railroad carriers to develop a comprehensive program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities (as under current law) through the use of safety management systems and their associated key principles, analysis of operational incidents and accidents, and continuous evaluation and improvement programs. Directs the Secretary to prescribe regulations requiring railroad carriers transporting hazmat to: give first responders, emergency response officials, and law enforcement personnel real-time information regarding hazmat on the train in the event of an incident, accident, or emergency; and develop a public education program for communities along railroad hazmat routes. Prescribes certain civil penalties for any railroad carrier that violates a requirement or regulation under this Act.

113 S2858 IS: Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 U.S. Senate 2014-09-18 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. 2858 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Menendez Committee on Commerce, Science, and Transportation A BILL To enhance rail safety and provide for the safe transport of hazardous materials, and for other purposes. 1. Short title This Act may be cited as the Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014 2. Chemical exposure right-to-know (a) Definitions In this section: (1) Long-lasting or irreversible health consequences The term long-lasting or irreversible health consequences (2) Post-accident public health assessment The term post-accident public health assessment (3) Qualified entity The term qualified entity (b) Right-To-Know protections Beginning 180 days after the date of the enactment of this Act, railroad carriers that are found to be at fault by an administrative, judicial, or investigatory process for an accident or incident during calendar year 2010 or later that led to an unintended release of hazardous materials shall periodically review any post-accident public health assessments regarding the extent to which individuals exposed to the hazardous material that was released could experience long-lasting or irreversible health consequences, and— (1) inform in a timely manner individuals exposed to the hazardous material of any health information, including information regarding long-lasting or irreversible health consequences, included in such reports; and (2) offer to renegotiate any legal settlements made to individuals impacted by a hazardous material release for which additional information about the potential for long-lasting or irreversible health consequences has been later disclosed in a post-accident public health assessment. (c) Enforcement Any railroad carrier violating subsection (b)(2) or a regulation prescribed pursuant to such subsection shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1–1 (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1–1 (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1–1 3. Commodity flow transparency Not later than two years after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring a railroad carrier transporting a hazardous material to provide first responders, emergency response officials, and law enforcement personnel in the communities through which the hazardous material is transported with accurate and current commodity flow data and assist with development of emergency operations and response plans designed to protect public health and community safety in the event of a railroad accident or incident involving the hazardous material. In prescribing these regulations, the Secretary may consider which hazardous materials or classes of hazardous materials are most relevant to be included within commodity flow information based on factors including the volume of the hazardous material transported and the threat to public health and community safety posed by each hazardous material. 4. Moveable bridge inspection before train movement (a) Procedure required Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations establishing a procedure for a railroad carrier to permit a train to pass a red signal aspect protecting a moveable bridge. (b) Training and qualifications (1) Training program The procedure established pursuant to subsection (a) shall require a railroad carrier that operates across a moveable bridge to have in place a program to train and qualify employees of the carrier to determine whether a train can safely travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect. (2) Required qualifications The railroad carrier shall ensure that only an individual qualified under the railroad carrier's training program is responsible for making a determination regarding whether it is safe for a train to travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect. (c) Enforcement Any railroad carrier violating this section or a regulation prescribed in this section shall be liable to the Federal Government for a civil penalty for each violation or for each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1–1 (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1–1 (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1–1 5. Route risk assessment (a) Route risk assessment tools The Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall develop a route risk assessment tool for the use of short line and regional railroad carriers that— (1) addresses any known limitations of the Rail Corridor Risk Management Safety software tool for short line and regional railroad carriers; and (2) allows for safety and security risk assessments to be performed by short line and regional railroad carriers in instances when alternative routes are not available. (b) Route risk assessment audits The Secretary of Transportation, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, shall implement a program to conduct audits of short line and regional railroads to ensure that proper route risk assessments that identify safety and security vulnerabilities are being performed and are incorporated into a safety management system program. 6. Railroad safety risk reduction program amendments (a) Safety management systems Section 20156(d)(1) (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 new subparagraph: (C) the use of safety management systems and their associated key principles, including top-down ownership and policies, analysis of operational incidents and accidents, and continuous evaluation and improvement programs. . (b) Sense of congress It is the sense of Congress that, under the Railroad Safety Risk Reduction Program under section 20156 of title 49, United States Code, the Secretary of Transportation should include within the definition of a railroad carrier that has an inadequate safety performance 7. First responder right-to-know (a) Real-Time emergency response notification Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations— (1) requiring a railroad carrier transporting a hazardous material to have the capability to generate, maintain, retrieve, and promptly deliver accurate and real-time consists that include the identity and location of the hazardous material on the train; (2) requiring a railroad carrier transporting a hazardous material to provide such information promptly to first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency, or as required by these entities to protect public health and community safety; and (3) prohibiting a railroad carrier, employee, or agent from withholding, or a railroad carrier from instructing its employees or agents to withhold, a train consist or a real-time train consist from first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or emergency involving the transportation of hazardous materials by railroad that threatens public health or safety. (b) Emergency response standardization The Secretary of Transportation, in consultation with railroad carriers, shall ensure that emergency response information carried by train crews transporting hazardous materials is consistent with and is at least as protective as the emergency response guidance provided in the Emergency Response Guidebook issued by the Department of Transportation. (c) Enforcement Any railroad carrier violating subsection (a)(3) or a regulation prescribed under subsection (a)(3) shall be liable to the Federal Government for a civil penalty for each violation or each day the violation continues, as follows: (1) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class I carriers as determined by the Surface Transportation Board under section 1201.1–1 (2) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class II carriers as determined by the Surface Transportation Board under section 1201.1–1 (3) For a railroad carrier that has annual carrier operating revenues that meet the threshold amount for Class III carriers as determined by the Surface Transportation Board under section 1201.1–1 8. Public education Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring railroad carriers transporting hazardous materials to develop, implement, and periodically evaluate a public education program for the communities along railroad hazardous materials routes. The public education program may include the following elements: (1) Procedures for reporting the release of a hazardous material. (2) Physical indications of a release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community. (3) Methods of communication that will be used to alert the community in the event of a railroad incident, accident, or emergency involving a hazardous material. (4) Steps that should be taken by community residents to ensure public health and safety in the event of a hazardous material release. (5) Discussion of possible public health and safety concerns associated with an unintended release of a hazardous material, including a focus on hazardous materials that are most commonly transported in or near a given community. 9. Inflation adjustments The Secretary of Transportation shall issue a statement of agency policy adjusting the penalty schedules for violations outlined in this Act as necessary to account for inflation, each time the Secretary is required by law to review the minimum and maximum civil monetary penalty for inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990 ( Public Law 101–410

Toxics by Rail Accountability and Community Knowledge (TRACK) Act of 2014

Promoting Apprenticeships for Credentials and Employment Act or the PACE Act - Establishes the Office of Apprenticeship in the Employment and Training Administration of the Department of Labor, to be headed by the Administrator of the Office of Apprenticeship. Includes among the duties of the Administrator the management of the national apprenticeship system, promoting awareness about registered apprenticeship programs (i.e., programs registered under the National Apprenticeship Act), and supporting the development of pre-apprenticeship programs (programs or strategies designed to prepare individuals to enter and succeed in a registered apprenticeship program). Establishes in the Department of Labor a National Advisory Committee on Apprenticeships to advise the Administrator, and make recommendations, on the administration of registered apprenticeship programs. Directs the Administrator, working jointly with the Assistant Secretary of Education for Vocational and Adult Education (Secretaries), to establish and maintain a voluntary Registered Apprenticeship-College Consortium to promote: (1) stronger connections between registered apprenticeship programs and participating two- and four-year postsecondary educational institutions, and (2) the translation of experience in an apprenticeship program to academic credit. Requires the Secretaries to: (1) establish criteria for the participation of a postsecondary educational institution or sponsor in the Consortium; (2) maintain a publicly accessible website to provide information about the Consortium in each state; and (3) establish an advisory committee for the Consortium to seek input from organizations and experts representing industry, labor, and postsecondary education. Requires the Administrator to provide payments of assistance for eligible sponsors of new registered apprenticeship programs or for sponsors of existing joint labor-management registered apprenticeship programs that add employers as new partners.

114 S1099 IS: PACE Act U.S. Senate 2015-04-27 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 114th CONGRESS 1st Session S. 1099 IN THE SENATE OF THE UNITED STATES April 27, 2015 Mr. Scott Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to provide States with flexibility in determining the size of employers in the small group market. 1. Short title This Act may be cited as the Protecting Affordable Coverage for Employees Act PACE Act 2. Small employers in the group market (a) In general Section 1304(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024(b) (1) in paragraph (1), by striking 101 employees 51 employees (2) in paragraph (2), by striking 100 employees 50 employees (3) by striking paragraph (3) and inserting the following: (3) State option to extend definition of small employer Nothing in this subsection shall prevent a State from treating an employer with an average of at least 1 but not more than 100 employees on business days during the preceding calendar year as a small employer for purposes of this title. . (b) Public Health Service Act Section 2791(e) of the Public Health Service Act ( 42 U.S.C. 300gg–91(e) (1) in paragraph (2), by striking 101 employees 51 employees (2) in paragraph (4), by striking 100 employees 50 employees

PACE Act

Fast Track to College Act of 2014 - Authorizes the Secretary of Education to award matching six-year grants to local educational agencies (LEAs) that partner with institutions of higher education (IHEs) to establish or support dual or concurrent enrollment programs, such as early college high schools, that allow secondary school students to earn credit simultaneously toward a secondary school diploma and a postsecondary degree or certificate. Gives grant priority to applicants: (1) that propose to establish or support a dual or concurrent enrollment program for a student body at least 40% of which is impoverished; and (2) from states that provide assistance to dual or concurrent enrollment programs, such as assistance defraying the costs of higher education. Requires applicants to make assurances that: (1) students will not be required to pay tuition or fees for postsecondary courses, and (2) those courses will be taught by faculty that meet their partner IHE's normal standards. Authorizes the Secretary to award matching five-year grants to states to: (1) plan and implement statewide strategies to make dual or concurrent enrollment programs more accessible to students who are underrepresented in postsecondary education; (2) provide technical assistance to dual or concurrent enrollment programs; and (3) engage in outreach, assessment, and teacher training activities designed to strengthen such programs. Directs the Secretary to: (1) contract for an independent evaluation of this Act's programs, and (2) provide technical assistance to LEAs and their partners and disseminate information concerning best practices in dual or concurrent enrollment programs.

113 S2860 IS: Fast Track to College Act of 2014 U.S. Senate 2014-09-18 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. 2860 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coons Mr. Brown Mr. Johnson of South Dakota Mrs. Hagan Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to make grants to support early college high schools and other dual or concurrent enrollment programs. 1. Short title This Act may be cited as the Fast Track to College Act of 2014 2. Purpose The purpose of this Act is to increase secondary school graduation rates and the percentage of students who complete a recognized postsecondary credential by the age of 26, including among low-income students and students from other populations underrepresented in higher education. 3. Definitions In this Act: (1) Dual or concurrent enrollment program The term dual or concurrent enrollment program (2) Early college high school The term early college high school (3) Educational service agency The term educational service agency 20 U.S.C. 7801 (4) Eligible entity The term eligible entity (5) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (6) Local educational agency The term local educational agency 20 U.S.C. 7801 (7) Low-income student The term low-income student (8) Secretary The term Secretary 4. Authorization of appropriations; reservations (a) In general To carry out this Act, there are authorized to be appropriated $150,000,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2020. (b) Early college high schools The Secretary shall reserve not less than 45 percent of the funds appropriated under subsection (a) to support early college high schools under section 5. (c) Dual or concurrent enrollment programs The Secretary shall reserve not less than 45 percent of the funds appropriated under subsection (a) to support dual or concurrent enrollment programs (other than early college high schools) under section 5. (d) State grants The Secretary shall reserve 10 percent of the funds appropriated under subsection (a), or $10,000,000, whichever is less, for grants to States under section 9. 5. Authorized program (a) In general The Secretary is authorized to award 6-year grants to eligible entities seeking to establish a new, or support an existing, early college high school or other dual or concurrent enrollment program in accordance with section 6. (b) Grant amount The Secretary shall ensure that grants are of sufficient size to enable grantees to carry out all required activities and otherwise meet the purposes of this Act, except that a grant under this section may not exceed $2,000,000. (c) Matching requirement (1) In general An eligible entity shall contribute matching funds toward the costs of the early college high school or other dual or concurrent enrollment program to be supported under this section, of which not less than half shall be from non-Federal sources, which funds shall represent not less than the following: (A) 20 percent of the grant amount received in each of the first and second years of the grant. (B) 30 percent in each of the third and fourth years. (C) 40 percent in the fifth year. (D) 50 percent in the sixth year. (2) Determination of amount contributed The Secretary shall allow an eligible entity to satisfy the requirement of this subsection through in-kind contributions. (d) Supplement, not supplant An eligible entity shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from non-Federal funds for support of the activities described in the eligible entity’s application under section 7, and not to supplant such funds. (e) Priority In awarding grants under this section, the Secretary shall give priority to applicants— (1) that propose to establish or support an early college high school or other dual or concurrent enrollment program that will serve a student population of which 40 percent or more are students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) (2) from States that provide assistance to early college high schools or other dual or concurrent enrollment programs, such as assistance to defray the costs of higher education (including costs of tuition, fees, and textbooks). (f) Geographic distribution The Secretary shall, to the maximum extent practicable, ensure that grantees are from a representative cross-section of urban, suburban, and rural areas. 6. Uses of funds (a) Mandatory activities An eligible entity shall use grant funds received under section 5 to support the activities described in its application under section 7, including the following: (1) Planning year In the case of a new early college high school or dual or concurrent enrollment program, during the first year of the grant— (A) hiring a principal and staff, as appropriate; (B) designing the curriculum and sequence of courses (which shall not be mandated, directed, or controlled by the Secretary or other officer or employee of the Federal Government) in collaboration with (at a minimum) teachers from the local educational agency and faculty from the partner institution of higher education; (C) informing parents and the community about the school or program and opportunities to become actively involved in the school or program; (D) establishing a course articulation process for defining and approving courses for secondary school and postsecondary credit or credential; (E) outreach programs to ensure that secondary school students and their families are aware of the early college high school or dual or concurrent enrollment program; (F) liaison activities among partners in the eligible entity; and (G) coordinating secondary and postsecondary support services, academic calendars, and transportation. (2) Implementation period During the remainder of the grant period— (A) academic and social support services, including counseling; (B) liaison activities among partners in the eligible entity; (C) data collection and use of such data for student and instructional improvement and program evaluation; (D) outreach programs to ensure that secondary school students and their families are aware of the early college high school or dual or concurrent enrollment program; (E) professional development, including joint professional development for educators from the secondary school and faculty from the institution of higher education; and (F) school or program design and planning team activities, including curriculum development. (b) Allowable activities An eligible entity may also use grant funds received under section 5 otherwise to support the activities described in its application under section 7, including— (1) purchasing textbooks and equipment that support the school or program’s curriculum; (2) developing learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. (3) transportation; and (4) planning time for educators from a secondary school and educators from an institution of higher education to collaborate. 7. Application (a) In general To receive a grant under section 5, an eligible entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (b) Contents of application At a minimum, the application described in subsection (a) shall include a description of— (1) the budget of the early college high school or other dual or concurrent enrollment program; (2) each partner in the eligible entity and such partner's experience with early college high schools or other dual or concurrent enrollment programs, and a description of key personnel from each partner and their responsibilities for the early college high school or dual or concurrent enrollment program; (3) how the eligible entity will work with secondary and postsecondary teachers, other public and private entities, community-based organizations, businesses, labor organizations, and parents to ensure that students will be prepared to succeed in postsecondary education and employment, which may include the development of an advisory board; (4) how the eligible entity will target and recruit at-risk youth, including those at risk of dropping out of school, first generation college students, and students from populations described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); (5) a system of student supports including small group activities, tutoring, literacy and numeracy skill development in all academic disciplines, parental and community outreach and engagement, extended learning time, and college readiness activities, such as early college academic seminars and counseling; (6) in the case of an early college high school, how a graduation and career plan will be developed, consistent with State graduation requirements, for each student and reviewed each semester; (7) how parents or guardians of students in the early college high school or dually enrolled students will be informed of their academic performance and progress and, subject to paragraph (6), involved in the development of their career and graduation plan; (8) coordination that will occur between the institution of higher education and the local educational agency, including regarding academic calendars, provision of student services, curriculum development, and professional development; (9) how the eligible entity will ensure that teachers in the early college high school or other dual or concurrent enrollment program receive appropriate professional development and other supports, including to enable them to utilize effective parent and community engagement strategies, and help students with limited English proficiency, students with disabilities, and students from diverse cultural backgrounds to succeed; (10) learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.); (11) how policies, agreements, and courses taken will ensure that postsecondary credits earned will be transferable to, at a minimum, public institutions of higher education within the State, consistent with existing statewide articulation agreements; (12) student assessments and other measurements of student achievement including benchmarks for student achievement; (13) outreach programs to provide elementary and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the early college high school or other dual or concurrent enrollment program; (14) how the local educational agency and institution of higher education will work together, as appropriate, to collect and use data for student and instructional improvement and program evaluation; (15) how the eligible entity will help students meet eligibility criteria for postsecondary courses and ensure that students understand how their credits will transfer; and (16) how the eligible entity will access and leverage additional resources necessary to sustain the early college high school or other dual or concurrent enrollment program after the grant expires, including by engaging businesses and nonprofit organizations. (c) Assurances An eligible entity’s application under subsection (a) shall include assurances that— (1) in the case of an early college high school, the majority of courses offered, including postsecondary courses, will be offered at facilities of the institution of higher education; (2) students will not be required to pay tuition or fees for postsecondary courses; (3) postsecondary credits earned will be transcribed upon completion of the requisite course work; and (4) faculty teaching postsecondary courses meet the normal standards for faculty established by the institution of higher education. (d) Waiver The Secretary may waive the requirement of subsection (c)(1) upon a showing that it is impractical to apply due to geographic considerations. 8. Peer review (a) Peer review of applications The Secretary shall establish peer review panels to review applications submitted pursuant to section 7 and to advise the Secretary regarding such applications. (b) Composition of peer review panels The Secretary shall ensure that each peer review panel is not comprised wholly of full-time officers or employees of the Federal Government and includes, at a minimum— (1) experts in the establishment and administration of early college high schools or other dual or concurrent enrollment programs from the secondary and postsecondary perspective; (2) faculty at institutions of higher education and secondary school teachers with expertise in dual enrollment; and (3) experts in the education of at-risk students. 9. Grants to States (a) In general The Secretary is authorized to award 5-year grants to State agencies responsible for secondary or postsecondary education for efforts to support or establish early college high schools or other dual or concurrent enrollment programs. (b) Grant amount The Secretary shall ensure that grants are of sufficient size to enable grantees to carry out all required activities. (c) Matching requirement A State shall contribute matching funds from non-Federal sources toward the costs of carrying out activities under this section, which funds shall represent not less than 50 percent of the grant amount. (d) Priority In awarding grants under this section, the Secretary shall give priority to States that provide assistance to early college high schools or other dual or concurrent enrollment programs, such as assistance to defray the costs of higher education, such as tuition, fees, and textbooks. (e) Application To receive a grant under this section, a State agency shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (f) Contents of application At a minimum, the application described in subsection (e) shall include— (1) a description of how the State will carry out all of the required State activities described in subsection (g); (2) a description of how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; (3) a description of how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; and (4) such other information as the Secretary determines to be appropriate. (g) State activities A State receiving a grant under this section shall use such funds for— (1) creating outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State; (2) planning and implementing a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of postsecondary degrees and credentials, with a focus on at-risk students, including identifying any obstacles to such a strategy under State law or policy; (3) providing technical assistance to early college high schools and other dual or concurrent enrollment programs, such as brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; (4) identifying policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as access, funding, data and quality assurance, governance, accountability and alignment policies; (5) planning and delivering statewide training and peer learning opportunities for school leaders and teachers from early college high schools and dual or concurrent enrollment programs, which may include providing instructional coaches who offer on-site guidance; (6) disseminating best practices in early college high schools and dual or concurrent enrollment programs from across the State and from other States; and (7) facilitating statewide data collection, research and evaluation, and reporting to policymakers and other stakeholders. 10. Reporting and oversight (a) Reporting by grantees (1) In general The Secretary shall establish uniform guidelines for all grantees concerning information such grantees annually shall report to the Secretary to demonstrate a grantee’s progress toward achieving the goals of this Act. (2) Contents of report At a minimum, the report described in paragraph (1) shall include, for eligible entities receiving funds under section 5, for students participating in the early college high school or other dual or concurrent enrollment program within each category of students described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(i) (A) The number of students. (B) The percentage of students scoring advanced, proficient, basic, and below basic on the assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) (C) The performance of students on other assessments or measurements of achievement. (D) The number of secondary school credits earned. (E) The number of postsecondary credits earned. (F) Attendance rate, as appropriate. (G) Graduation rate. (H) Placement in postsecondary education or advanced training, in military service, and in employment. (I) A description of the school or program’s student, parent, and community outreach and engagement. (b) Reporting by Secretary The Secretary annually shall compile and analyze the information described in subsection (a) and shall submit a report containing such analysis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. The report shall include identification of best practices for achieving the goals of this Act. (c) Monitoring visits The Secretary’s designee shall visit each grantee at least once for the purpose of helping the grantee achieve the goals of this Act and to monitor the grantee’s progress toward achieving such goals. (d) National evaluation Not later than 6 months after the date on which funds are appropriated to carry out this Act, the Secretary shall enter into a contract with an independent organization to perform an evaluation of the grants awarded under this Act. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning participants’ outcomes by social and academic characteristics and monitor the progress of students from secondary school to and through postsecondary education. (e) Technical assistance The Secretary shall provide technical assistance to eligible entities concerning best practices in early college high schools and dual or concurrent enrollment programs and shall disseminate such best practices among eligible entities and State and local educational agencies. 11. Rules of construction (a) Employees Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (b) Graduation rate A student who graduates from an early college high school supported under this Act in the standard number of years for graduation described in the eligible entity’s application shall be considered to have graduated on time for purposes of section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).

Fast Track to College Act of 2014

Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014 - Amends the Controlled Substances Act to direct the Attorney General, within 45 days of receiving a recommendation from the Secretary of Health and Human Services (HHS) to add a drug or substance that has never been marketed in the United States to a schedule of controlled substances, to issue an interim final rule under the exception for good cause, placing it into the schedule recommended, effective immediately. Allows a person who submits an application for registration to manufacture or distribute a controlled substance to indicate on the registration application that the substance will be used only in connection with clinical trials of a drug. Requires the Attorney General to: (1) make a final decision on such application within 180 days, or (2) provide written notice to the applicant of the outstanding issues that must be resolved to reach a final decision and the estimated date on which such decision will be made. Defines: (1) "factors as may be relevant to and consistent with the public health and safety," and (2) "imminent danger to the public health or safety." Requires an order to show cause as to why a registration should not be denied, revoked, or suspended to notify the registrant of the opportunity to submit a corrective action plan on or before the date of appearance before the Attorney General. Requires the Attorney General, upon review of any such plan, to determine whether denial, revocation, or suspension proceedings should be discontinued or deferred for purposes of modification or clarification of such plan. Makes these requirements inapplicable to the issuance of an immediate suspension order. Directs the Secretary, acting through the Commissioner of Food and Drugs (FDA) and the Director of the Centers for Disease Control and Prevention (CDC), to identify: (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between federal, state, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances.

113 S2862 IS: Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014 U.S. Senate 2014-09-18 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. 2862 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Hatch Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To amend the Controlled Substances Act with respect to drug scheduling recommendations by the Secretary of Health and Human Services, and with respect to registration of manufacturers and distributors seeking to conduct clinical testing, and for other purposes. 1. Short title This Act may be cited as the Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014 2. Scheduling of substances included in new FDA-approved drugs Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 (i) Within 45 days of receiving a recommendation from the Secretary to add a drug or substance that has never been marketed in the United States to a schedule under this title, the Attorney General shall, without regard to the findings required by subsection (a) of this section or section 202(b), issue an interim final rule, under the exception for good cause described in subparagraph (B) of section 553(b) . 3. Enhancing new drug development Section 302 of the Controlled Substances Act ( 21 U.S.C. 822 (h) (1) A person who submits an application for registration to manufacture or distribute a controlled substance in accordance with this section may indicate on the registration application that the substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act. (2) When an application for registration to manufacture or distribute a controlled substance includes an indication that the controlled substance will be used only in connection with clinical trials of a drug in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act, the Attorney General shall— (A) make a final decision on the application for registration within 180 days; or (B) provide notice to the applicant in writing of— (i) the outstanding issues that must be resolved in order to reach a final decision on the application; and (ii) the estimated date on which a final decision on the application will be made. . 4. Registration process under Controlled Substances Act (a) Definitions (1) Factors as may be relevant to and consistent with the public health and safety Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 (i) In this section, the phrase factors as may be relevant to and consistent with the public health and safety . (2) Imminent danger to the public health or safety Section 304(d) of the Controlled Substances Act ( 21 U.S.C. 824(d) (A) by striking (d) The Attorney General (d)(1) The Attorney General (B) by adding at the end the following: (2) In this subsection, the phrase imminent danger to the public health or safety (A) the dispensing is outside the usual course of professional practice; (B) the distribution or dispensing poses a present or foreseeable risk of adverse health consequences or death due to the abuse or misuse of the controlled substances; or (C) the controlled substances will continue to be diverted outside of legitimate distribution channels. . (b) Opportunity To submit corrective action plan prior to revocation or suspension Subsection (c) of section 304 of the Controlled Substances Act ( 21 U.S.C. 824 (1) by striking the last two sentences; (2) by striking (c) Before (c)(1) Before (3) by adding at the end the following: (2) An order to show cause under paragraph (1) shall— (A) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant; (B) direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but not less than 30 days after the date of receipt of the order; and (C) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance. (3) Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan. (4) Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 (5) The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (d). . 5. Report to Congress on effects of law enforcement activities on patient access to medications (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Drug Enforcement Administration and the Director of National Drug Control Policy, shall submit a report to the Committees on the Judiciary of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Health, Education, Labor and Pensions of the Senate identifying— (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; and (3) how collaboration between Federal, State, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances. (b) Consultation The report under subsection (a) shall incorporate feedback and recommendations from the following: (1) Patient groups. (2) Pharmacies. (3) Drug manufacturers. (4) Common or contract carriers and warehousemen. (5) Hospitals, physicians, and other health care providers. (6) State attorneys general. (7) Federal, State, local, and tribal law enforcement agencies. (8) Health insurance providers and entities that provide pharmacy benefit management services on behalf of a health insurance provider. (9) Wholesale drug distributors.

Regulatory Transparency, Patient Access, and Effective Drug Enforcement Act of 2014

Transparency in Education Act - Prohibits the Secretary of Education from issuing a final rule or implementing a proposed rule affecting the determination as to whether a postsecondary career education program provides training that leads to gainful employment in a recognized occupation, which is required if it is to participate in a program under title IV (Student Assistance) of the Higher Education Act of 1965 (HEA), until 90 days after: the Secretary publishes a complete data analysis on the impact of such proposed rule on all postsecondary education programs and students at all categories of institutions of higher education that participate in a program under title IV of the HEA, that analysis is published in a format similar to the Gainful Employment 2012 Informational Rate Calculations published by the Department of Education, and the Comptroller General (GAO) issues a report that reviews such data analysis for accuracy and completeness.

113 S2863 IS: Transparency in Education Act U.S. Senate 2014-09-18 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. 2863 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Flake Mr. McCain Mr. Hatch Mr. Isakson Mr. Scott Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Education to complete a data analysis on the impact of the proposed rule on gainful employment prior to issuing a final rule on gainful employment. 1. Short title This Act may be cited as the Transparency in Education Act 2. Data analysis requirement for final rule on gainful employment (a) In general The Secretary of Education shall not issue a final rule or otherwise implement the proposed rule published by the Department of Education in the notice of proposed rulemaking in the Federal Register on March 25, 2014 (79 Fed. Reg. 16426 et seq.), or any other proposed rule that amends parts 600 or 668 of title 34, Code of Federal Regulations, with respect to gainful employment programs, until 90 days after— (1) the Secretary of Education publishes a complete data analysis— (A) on the impact of such proposed rule (including the debt-to-earnings and programmatic cohort default rate measures) on all postsecondary education programs and students at all categories of institutions of higher education that participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including the impact on— (i) students who receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a (ii) minority students; (iii) students over age 24; (iv) students who are veterans; (v) independent students; and (vi) dependent students; and (B) in a format similar to the Gainful Employment 2012 Informational Rate Calculations published by the Department of Education; and (2) the Comptroller General of the United States issues a report that reviews such data analysis for data accuracy and completeness. (b) Definitions For purposes of this section: (1) Independent student The term independent student (2) Institution of higher education The term institution of higher education (3) Veteran The term veteran

Transparency in Education Act

Climate Change Health Protection and Promotion Act - Expresses the sense of Congress with respect to the impact of climate change on health systems. Directs the Secretary of Health and Human Services (HHS) to: (1) publish and implement a national strategic action plan to assist health professionals in preparing for and responding to the impact of climate change on public health in the United States and other nations, particularly developing nations; (2) revise the plan periodically to reflect new information; (3) establish a permanent science advisory board; and (4) contract with the National Research Council and the Institute of Medicine to assess the need for health professionals to prepare for and respond to the impact of climate change on public health.

113 S2864 IS: Climate Change Health Protection and Promotion Act U.S. Senate 2014-09-18 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. 2864 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Markey Mrs. Boxer Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to develop a national strategic action plan to assist health professionals in preparing for and responding to the public health effects of climate change, and for other purposes. 1. Short title This Act may be cited as the Climate Change Health Protection and Promotion Act 2. Sense of Congress on public health and climate change It is the sense of Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, concerned public and private organizations, and citizens, should use all practicable means and measures— (1) to assist the efforts of public health and health care professionals, first responders, States, tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; (2) to ensure— (A) that the Nation’s health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; (B) the utility and value of scientific research in advancing understanding of— (i) the health impacts of climate change; and (ii) strategies to prepare for and respond to the health impacts of climate change; (C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; (D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and (E) the inclusion of health policy in the development of climate change responses; (3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to— (A) understand and monitor the health impacts of climate change; and (B) improve public health knowledge and response strategies to climate change; (4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; (5) to encourage each and every American to learn about the impacts of climate change on health; and (6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. 3. Relationship to other laws Nothing in this Act limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. 4. National strategic action plan (a) Requirement (1) In general The Secretary, not later than 2 years after the date of enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. (2) Consultation In developing or making any revision to the national strategic action plan, the Secretary shall— (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, and scientists, and other interested stakeholders; and (B) provide opportunity for public input. (b) Contents (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including— (A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing— (i) water, food, and vector-borne infectious diseases and climate change; (ii) pulmonary effects, including responses to aeroallergens; (iii) cardiovascular effects, including impacts of temperature extremes; (iv) air pollution health effects, including heightened sensitivity to air pollution; (v) hazardous algal blooms; (vi) mental and behavioral health impacts of climate change; (vii) the health of refugees, displaced persons, and vulnerable communities; (viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and (ix) local and community-based health interventions for climate-related health impacts; (B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, and local levels, and providing technical support to assist in their implementation; (C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; (D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; (E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, and the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; (F) developing academic and regional centers of excellence devoted to— (i) researching relationships between climate change and health; (ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; (iii) creating and supporting academic fellowships focusing on the health effects of climate change; and (iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to— (I) prepare for and respond to the health effects of climate change; and (II) build an international network of public health professionals with the necessary climate change knowledge base; (G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to the strategies that best protect the public health; (H) (i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and (ii) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, pursuing collaborative efforts to develop, integrate, and implement such plans; (I) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to— (i) identify and assess climate change health effects preparedness and response strategies; (ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and (iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; (J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and (K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. (c) Revision The Secretary shall revise the national strategic action plan not later than July 1, 2017, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on— (1) the status of critical environmental health parameters and related human health impacts; (2) the impacts of climate change on public health; and (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. (d) Implementation (1) Implementation through HHS The Secretary shall exercise the Secretary’s authority under this Act and other Federal statutes to achieve the goals and measures of the national strategic action plan. (2) Other public health programs and initiatives The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by statutes other than this Act, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. (3) CDC In furtherance of the national strategic action plan, the Director of the Centers for Disease Control and Prevention shall— (A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; (B) provide funding for— (i) research on the health effects of climate change; and (ii) preparedness planning on the international, national, State, regional, and local levels to respond to or reduce the burden of health effects of climate change; and (C) carry out other activities determined appropriate by the Director to prepare for and respond to the impacts of climate change on public health. 5. Advisory board (a) Establishment The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. (b) Appointment of members The Secretary shall appoint the members of the science advisory board from among individuals who— (1) are recommended by the President of the National Academy of Sciences; and (2) have expertise in public health and human services, climate change, and other relevant disciplines. (c) Functions The science advisory board shall— (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. 6. Reports (a) Needs assessment (1) In general The Secretary shall seek to enter into, by not later than 6 months after the date of enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that— (A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and (B) recommends programs to meet those needs. (2) Submission The agreement under paragraph (1) shall require the completed report to be submitted to Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. (b) Climate change health protection and promotion reports (1) In general The Secretary shall offer to enter into, not later than 6 months after the submission of the report under subsection (a)(2), an agreement with the National Research Council and the Institute of Medicine, under which the National Research Council and the Institute of Medicine will prepare periodic reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that— (A) review scientific developments on health impacts of climate change; and (B) recommend changes to the national strategic action plan. (2) Submission The agreement under paragraph (1) shall require a report to be submitted to Congress and the Secretary and made publicly available not later than July 1, 2016, and every 4 years thereafter. 7. Definitions In this Act: (1) Health impact assessment The term health impact assessment (2) National strategic action plan The term national strategic action plan (3) Secretary Unless otherwise specified, the term Secretary 8. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Appropriations to HHS All funds appropriated to carry out this Act shall be appropriated to the Secretary. (c) Distribution of funds by HHS In carrying out this Act, the Secretary may make funds appropriated pursuant to this section available to— (1) other departments, agencies, and offices of the Federal Government; (2) foreign, State, tribal, and local governments; and (3) such other entities as the Secretary determines appropriate. (d) Supplement, not replace It is the intent of Congress that funds appropriated to carry out this Act should be used to supplement, and not replace, existing sources of funding for public health.

Climate Change Health Protection and Promotion Act

Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website. Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information. Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it. Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections.

113 S2865 IS: Voter Registration Modernization Act U.S. Senate 2014-09-18 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. 2865 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mrs. Gillibrand Mr. Merkley Mr. Begich Committee on Rules and Administration A BILL To amend the National Voter Registration Act of 1993 to provide for voter registration through the Internet, and for other purposes. 1. Short title This Act may be cited as the Voter Registration Modernization Act 2. Requiring availability of Internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration (1) Availability of online registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (A) Online application for voter registration. (B) Online assistance to applicants in applying to register to vote. (C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). (D) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) (A) in the case of an individual who has a signature on file with the State motor vehicle authority, the information provided in the application matches the records of such State motor vehicle authority; and (B) in any other case, the individual provides a signature in electronic form in accordance with subsection (c). (c) Signatures in electronic form For purposes of this section, an individual provides a signature in electronic form by— (1) executing a computerized mark in the signature field on an online voter registration application; or (2) submitting with the application an electronic copy of the individual’s handwritten signature through electronic means. (d) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (e) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (f) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. (g) Accessibility of online registration The services provided under subsection (a) shall be provided in a manner that is accessible to individuals with disabilities, including those that are blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. . (b) Treatment as individuals registering To vote by mail for purposes of first-Time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) by mail by mail or online under section 6A of the National Voter Registration Act of 1993 (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) (A) by striking and (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) and 7 6A, and 7 3. Use of Internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 30 days, or the period provided by State law, before the date of the election. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) subparagraph (B) subparagraph (B) and subsection (a)(6) (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— (1) in the first sentence, by inserting after return the card or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 (2) in the second sentence, by striking returned, returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, 4. Study on best practices for internet registration (a) In general The Director of the National Institute of Standards and Technology shall conduct an ongoing study on best practices for implementing the requirements for Internet registration under section 6A of the National Voter Registration Act of 1993 (as added by section 2) and the requirement to permit voters to update voter registration information online under section 303(a)(6) of the Help America Vote Act of 2002 (as added by section 3) in a fully accessible manner. (b) Report (1) In general Not later than 4 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall make publicly available a report on the study conducted under subsection (a). (2) Quadrennial update The Director of the National Institute of Standards and Technology shall review and update the report made under paragraph (1). (c) Use of best practices in EAC voluntary guidance Subsection (a) of section 311 of the Help America Vote Act of 2002 ( 52 U.S.C. 21101(a) Such voluntary guidance shall utilize the best practices developed by the Director of the National Institute of Standards and Technology under section 4 of the Voter Registration Modernization Act 5. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) (A) by striking and (B) by striking the period at the end of paragraph (4) and inserting ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 52 U.S.C. 20508 (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 30 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) The name and address of the polling place at which the individual is assigned to vote in the election. (B) The hours of operation for the polling place. (C) A description of any identification or other information the individual may be required to present at the polling place. . 6. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form (1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 7. Implementation payments (a) In general The Election Assistance Commission shall make an implementation payment each year in an amount determined under subsection (c) to each State. (b) Use of Funds (1) In general Except as provided in paragraph (2), a State receiving a payment under subsection (a) shall use the payment only to meet the requirements of this Act. (2) Other activities A State may use implementation payments to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that— (A) the State has implemented the requirements of this Act; and (B) the amount expended with respect to such other activities does not exceed the an amount equal to the minimum payment amount applicable to the State under subsection (c)(3). (3) Limitation Rules similar to the rules of section 251(f) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(f) (c) Allocation of funds (1) In general Subject to paragraph (3), the amount of an implementation payment made to a State for any year shall be equal to— (A) the total amount appropriated for implementation payments for the year pursuant to the authorization under subsection (d); and (B) the State allocation percentage for the State. (2) State allocation percentage The term State allocation percentage 52 U.S.C. 21002(b) (3) Minimum amount of payment; other rules Rules similar to the rules of subsections (c), (d), and (e) of section 252 of such Act (52 U.S.C. 21002) shall apply for purposes of this subsection. (d) Authorization of appropriations (1) In general There are authorized to be appropriated for implementation payments under this section $15,000,000 for fiscal year 2015. (2) Availability Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. (e) Reports Not later than April 1, 2017, each State which received an implementation payment under this section shall submit a report to the Commission on the activities conducted with funds provided under this section. 8. Effective date (a) In General Except as provided in subsection (b), the amendments made by this Act (other than the amendments made by section 5) shall take effect January 1, 2016. (b) Waiver If a State certifies to the Election Assistance Commission not later than January 1, 2016, that the State will not meet the deadline referred to in subsection (a) for good cause and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2016 January 1, 2018

Voter Registration Modernization Act

Creating Quality Technical Educators Act of 2014 - Amends title II (Teacher Quality Enhancement) of the Higher Education Act of 1965 to authorize grants under the Teacher Quality Partnership grant program to be used for secondary school career and technical education teacher preparation programs. (The grant program provides funds to partnerships of high-need local educational agencies [LEAs], high-need schools or early education programs, and institutions of higher education [IHEs] to train current and prospective teachers and school leaders.) Requires the career and technical education teacher preparation programs to: be available to mid-career professionals or recent graduates of an IHE who have expertise in a program area in which there is a career and technical education teacher shortage; allow individuals to obtain initial licensure and the basic skills required for entry into the education profession, with the option of earning a bachelor's or master's degree; and allow teachers who do not have subject matter expertise in a career and technical education field that is in demand in the local or regional economy to receive the technical skills training they need to teach those skills in a classroom setting. Requires each partnership to select program participants based on the career and technical education program needs of any high-need LEAs in the partnership. Requires each program participant to undergo specified pre-classroom training that is followed by: (1) mentoring from an experienced teacher for at least two years, and (2) continuing professional development coursework over the course of three years. Requires program participants to: (1) be provided a one-year living stipend or salary while they undergo preservice training, and (2) serve as a full-time career and technical education teacher in a high-need LEA in the partnership for at least three academic years immediately after their successful completion of the pre-classroom training. Directs the Secretary of Education to establish performance measures for the career and technical education teacher preparation programs.

113 S2867 IS: Creating Quality Technical Educators Act of 2014 U.S. Senate 2014-09-18 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. 2867 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Kaine Ms. Baldwin Mr. Portman Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for the preparation of career and technical education teachers. 1. Short title This Act may be cited as the Creating Quality Technical Educators Act of 2014 2. Partnership grants for the preparation of career and technical education teachers Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively; (2) in subsection (b)— (A) in paragraph (1), by inserting and career and technical education teachers early childhood educators (B) in paragraph (6)(C), by striking subsection (f) or (g) subsection (g) or (h) (3) in subsection (c)— (A) in paragraph (1), by inserting a program for the preparation of career and technical education teachers under subsection (f), subsection (e), (B) in paragraph (2), by striking subsection (f) subsection (g) (4) by inserting after subsection (e) the following: (f) Partnership grants for the preparation of career and technical education teachers (1) In general An eligible partnership that receives a grant under this section to carry out a program for the preparation of career and technical education teachers shall establish an effective secondary school career and technical education teacher preparation program that shall be— (A) available to mid-career professionals or recent graduates of an institution of higher education, who have expertise in a program area in which a skilled career and technical education teacher shortage has been identified through a needs assessment described in paragraph (2); (B) an opportunity for program participants to obtain initial licensure based on State requirements and the basic skills required for entry into the education profession, and the option of earning a bachelor’s degree or a master’s degree; and (C) an opportunity for program participants who are current educators and who do not have subject matter expertise in a career and technical education field identified through the needs assessment under paragraph (2) to receive technical skills training to be able to effectively teach in a classroom setting the career and technical skills identified in such assessment based on industry standards. (2) Needs assessment Each of the partners in an eligible partnership that receives a grant under this section to carry out a program for the preparation of career and technical education teachers shall conduct a needs assessment— (A) with respect to the preparation, ongoing training, professional development, and retention of career and technical education teachers in program areas linked to the education and skill needs of the local or regional economy; and (B) that takes into account the current needs of a State, local, or regional market, as well as trends identified in section 102(b)(1)(B) of the Workforce Innovation and Opportunity Act. (3) Participant eligibility, application, and selection (A) Participant eligibility In order to be eligible to participate in a career and technical education teacher preparation program under this subsection, an individual— (i) shall— (I) have at least a bachelor's degree; (II) have an active industry-recognized credential in a technical profession if the eligible partnership determines that the program leading to the credential is of high quality, and meets the State’s minimum requirements for career and technical education teachers in the field, based either on years of related work experience or a number of specified hours in the field; or (III) be a former member of the Armed Forces with a Department of Defense recognized active technical credential; and (ii) may be a licensed teacher with a need for technical skills training. (B) Application and selection (i) Application Each eligible individual described in subparagraph (A) who desires to participate in the career and technical education teacher preparation program under this subsection shall submit an application to the eligible partnership. (ii) Selection (I) In general Each eligible partnership shall select applicants for participation in the career and technical education teacher preparation program based on the career and technical education program needs of any high-need local educational agencies in the partnership. (II) Requirement for vacant positions Any vacant career and technical educator positions or positions with a demonstrated connection to the needs assessment described in paragraph (2) within the high-need local educational agency in an eligible partnership that receives a grant under this section to carry out a program for the preparation of career and technical education teachers shall be filled with career and technical education teacher preparation program participants. (iii) Recruitment An eligible partnership may develop and implement a teacher recruitment program to invite eligible individuals to participate in the career and technical education program. (4) Required clinical experience components Each career and technical education teacher preparation program carried out under this subsection shall include the following program components: (A) Training in pedagogy, including classroom management, lesson planning, student learning methods, and academic and career and technical education content integration. (B) Training in using empirically based practice and scientifically valid research in classroom instruction. (C) Necessary preparation to obtain a teaching license based on State licensing requirements in the State in which the partnership operates, prior to entering the classroom. (D) Literacy training for incorporating technical texts into the classroom. (E) At least 1 year of clinical experience concurrent with the pre-classroom training program. (F) Training to effectively teach technical skills to industry standards in a classroom setting. (G) For licensed teachers, technical skills and pedagogical training related to the career and technical education program they are intending to teach. (5) Required pre-service components Each career and technical education teacher preparation program carried out under this subsection shall require— (A) program participants, after completing pre-classroom training and who have at least State recognized provisional licensure to teach, to be paired with a mentor teacher with expertise in teaching the same or similar content for a period of not less than 2 years within the same school or school district, if available, and, if not available, the program shall specify how the program participant will be mentored; and (B) continuing professional development coursework for such program participants over the course of 3 years to ensure that such teachers— (i) are able to understand and implement research-based teaching practices in classroom instruction; (ii) have knowledge of student learning methods; (iii) are data-literate to continuously, effectively, and ethically access, interpret, act on, and communicate multiple types of data from State, local, classroom, and other sources to improve outcomes for students in a manner appropriate to educators’ professional roles and responsibilities; (iv) possess skills to analyze student academic and technical achievement data and other measures of student learning, and use such data and measures to improve classroom instruction; (v) possess the skills to develop, implement, and utilize interim and formative assessments to improve classroom instruction; (vi) possess teaching skills and an understanding of effective instructional strategies across the technical and all applicable academic content areas that enable such teachers to— (I) meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels; and (II) differentiate instruction for such students; (vii) possess strategies for incorporating content from non-career and technical education courses and standards for college and career into career and technical education courses; (viii) are able to effectively participate as a member of an individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and (ix) are able to successfully employ effective strategies for literacy instruction in technical coursework. (6) Agreement to serve (A) In general Except as provided in subparagraph (B), each career and technical education teacher preparation program carried out under this subsection shall require program participants to serve as a full-time career and technical education teacher in a high-need local educational agency that is a part of the eligible partnership for a total of not less than 3 academic years immediately after successfully completing the pre-classroom training program component. (B) Serving local educational agencies outside of the partnership If there are no full-time career and technical education teacher positions in a high-need local educational agency that is a part of the eligible partnership, a program participant may fulfill the service requirement under subparagraph (A) through serving as a full-time career and technical education teacher in a high-need local educational agency that is not a part of the eligible partnership. (C) Certification of employment A program participant under this subsection shall provide the eligible partnership with certification of the employment that is required under this paragraph. (7) Stipends or salaries; applications; repayments (A) Stipends or salaries A career and technical education teacher preparation program under this subsection shall provide a one-year living stipend or salary to program participants during the pre-classroom training program component. (B) Applications for stipends or salaries Each career and technical education teacher preparation program participant desiring a stipend or salary during the pre-classroom training program component shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (C) Repayments (i) In general A grantee carrying out a career and technical education teacher preparation program under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by paragraph (6) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (ii) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in subparagraph (A) or for deferral of a program participant's service obligation required by paragraph (6), on grounds of health, incapacitation, inability to secure employment as a full-time career and technical education teacher, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (iii) Use of repayments An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this subsection. (8) Reports; parents right-to-know; development of performance measures (A) Annual report An eligible partnership that receives a grant under this section to carry out a program for the preparation of career and technical education teachers shall submit to the Secretary and make publicly available, at such time and in such manner as the Secretary may require, an annual report that includes— (i) data on the eligible partnership’s progress on the performance measures described in section 204(a); and (ii) a description of the challenges the eligible partnership has faced in implementing the grant and how the eligible partnership has addressed or plans to address such challenges. (B) Publicly available Each eligible partnership that receives a grant under this section to carry out a program for the preparation of career and technical education teachers shall complete and make publicly available, not later than 90 days after the grant period for such eligible partnership ends, an evaluation based on the evaluation plan described in section 204(a). (C) Parents right-to-know At the beginning of each school year, a high-need local educational agency that receives funds under this subsection shall— (i) notify the parents of each student attending any school receiving funds under this subsection that the parents may request, and the agency will provide the parents on request (and in a timely manner), the information described in section 1111(h)(6)(A) of the Elementary and Secondary Education Act of 1965; and (ii) provide to each such parent the information and notice described in section 1111(h)(6)(B) of such Act. (D) Development of performance measures The Secretary shall develop performance measures prior to awarding grants under this section, with input and consultation of schools of education, school administrators, teachers, professional non profit technical and career organizations, and the opportunity for a 60-day public comment period. The Secretary shall ensure that such measures are made available to potential applicants prior to seeking applications for such grants. .

Creating Quality Technical Educators Act of 2014

Counterterrorism Border Security Enhancement Act - Directs the Secretary of Homeland Security (DHS) to conduct an assessment (which shall consider the visa waiver program requirements for travelers and program countries) and report to Congress regarding: (1) needed border security and entry procedures improvements in response to homeland threats from the Islamic State in Iraq and Syria (ISIS), and (2) growing participation by U.S. and European nationals as foreign fighters in Syria and Iraq and in terrorist activity. Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) expand pre-travel clearance procedures, and (2) increase information-sharing requirements, including suspension of countries not fully cooperating with such requirements. Directs the Secretary of State to submit a plan to Congress for training consular officers on visa interviewing techniques that emphasizes counterterrorism efforts. Directs the Secretary of DHS, the Secretary of State, and the Attorney General (DOJ) to submit to Congress a plan for: (1) increasing the scrutiny of U.S. citizens who have recently traveled to Syria, Iraq, Afghanistan, Pakistan, or Libya; and (2) enhancing DOJ and other federal agency capabilities to investigate, arrest, and prosecute U.S. citizens suspected of engaging in terrorist acts or involvement with a terrorist organization. Authorizes the Secretary of State to revoke and confiscate any passport issued to a U.S. citizen who is suspected of, or who has demonstrated an intent to engage in, terrorist activities. Amends the federal criminal code to include adherence to terrorist organizations within the definition of "treason."

113 S2869 IS: Counterterrorism Border Security Enhancement Act U.S. Senate 2014-09-18 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. 2869 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coats Committee on the Judiciary A BILL To enhance the homeland security of the United States, and for other purposes. 1. Short title This Act may be cited as the Counterterrorism Border Security Enhancement Act 2. Border security assessment (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall— (1) conduct a review and assessment examining how existing border security and entry procedures could be improved and strengthened as a response to— (A) threats to the homeland emanating from the Islamic State in Iraq and Syria (commonly known as ISIS (B) growing participation by United States and European nationals as foreign fighters in Syria and Iraq and in terrorist activity; and (2) submit a report to Congress containing the results of the assessment conducted pursuant to paragraph (1). (b) Focus The assessment conducted pursuant to subsection (a) shall consider the Visa Waiver Program requirements for travelers and program countries, including— (1) the information collected from aliens applying for travel authorization through the Electronic System for Travel Authorization and whether additional information, such as dual nationality, travel history, all travel document data, proposed travel plans, and co-traveler information, should be required; (2) cooperation by program countries with current information sharing efforts under paragraphs (2)(D), (2)(F), and (9)(D) of section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) (3) whether program countries shall be required to establish programs for the collection of advance passenger information to counter terrorist travel. 3. Visa Waiver Program (a) Electronic System for Travel Authorization (1) Validity of travel eligibility Section 217(h)(3)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3)(C)(i) (i) In general (I) Rulemaking Subject to subclauses (II) through (IV), the Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed 3 years, during which a determination of initial eligibility to travel under the program will be valid. (II) Application An alien may submit an application through the System without imminent travel plans, at which time the alien will be charged the fee established under subparagraph (B). (III) Travel plans An alien may not travel to the United States under the program unless, before such travel— (aa) the alien submits or updates an application with the alien’s proposed travel plans; and (bb) the Secretary of Homeland Security approves through the System. (IV) Revocation Notwithstanding any other provision in this section, the Secretary may revoke approval of eligibility to travel at any time and for any reason. . (2) Authority to amend information collected and eligibility questions The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to amend regulations promulgated pursuant to section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) (A) to provide biographical information and answer eligibility questions relevant to current security risks identified in the assessment conducted under section 2; and (B) to include information listed in subsection (b)(1) of such section. (b) Report on cooperation (1) In general Not later than 30 days after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security and the Secretary of State shall jointly submit a report to Congress that— (A) details each Visa Waiver Program country’s cooperation with information sharing efforts described in paragraphs (2)(F) and (9)(D) of section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) (B) identifies all the countries that are not fully cooperating with the efforts referred to in subparagraph (A). (2) Effect of noncooperation (A) In general Not later than 30 days after a country designated as a Visa Waiver Program country under section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) (i) shall terminate such designation; and (ii) may no longer approve any applications submitted by nationals of such country under the Electronic System for Travel Authorization. (B) Reinstatement Not sooner than 90 days after the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country described in subparagraph (A) is fully cooperating, the Secretary of Homeland Security may redesignate such country as a Visa Waiver Program country. (c) Security risk updates Section 217(c)(5)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(5)(A)(i) (i) In general Not later than 60 days after the date of the enactment of the Counterterrorism Border Security Enhancement Act . 4. Visa application process The Secretary of State shall submit a plan to Congress for training consular officers on visa interviewing techniques that— (1) emphasizes counterterrorism efforts; and (2) includes any budgetary implications of implementing the plan. 5. United States citizens engaged in terrorist activities (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, the Secretary of State, and the Attorney General shall jointly submit to Congress a plan for— (1) increasing, upon arrival at any United States port of entry, the scrutiny of private United States citizens who have recently traveled to Syria, Iraq, Afghanistan, Pakistan, or Libya; and (2) enhancing the capabilities and authorities of the Department of Justice and other Federal agencies to investigate, arrest, charge, and prosecute United States citizens who are suspected of engaging in terrorist acts or involvement with a terrorist organization, including proposals for legislative action that would enhance such capabilities and authorities. (b) Revocation of passports The Act entitled An Act To regulate the issue and validity of passports, and for other purposes 22 U.S.C. 211a et seq. 5. The Secretary of State may revoke and confiscate any passport issued to a United States citizen who— (1) is suspected of engaging in terrorist activities (as defined in section 212(a)(3)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iv) (2) has demonstrated an intent to engage in the activities referred to in paragraph (1). . (c) Definition of treason Section 2381 (including terrorist organizations, as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi) enemies

Counterterrorism Border Security Enhancement Act

On the Job Training Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act, with respect to grants to states by the Secretary of Labor for reemployment demonstration projects, to allow grants to up to 10 states per year instead of a maximum of 10 states altogether. Allows a designee of a state governor, instead of only the governor, to apply for such a grant. Requires any project to be commenced by December 31, 2017. Allows direct disbursements under a project to employers who hire individuals receiving unemployment compensation to include disbursements promoting retention. Requires the Secretary of Labor to: (1) approve completed grant applications in the order of receipt; (2) determine, before approving an application, whether its assurances are credible that the project would not result in increased costs to the state's account in the Unemployment Trust Fund; and (3) disapprove any application making assurances determined not credible. Revises requirements for termination of a project to require the Secretary to: (1) notify a state in writing with sufficient detail describing any violation of the substantive terms or conditions of a project justifying its termination, and (2) determine that the state has not taken action to correct the violation within 90 days after notification. Authorizes appropriations for FY2015-FY2020 for additional payments to states for the administrative costs of demonstration projects. Directs the Secretary to evaluate the impact of each demonstration project, using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention.

113 S2870 IS: On the Job Training Act U.S. Senate 2014-09-18 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. 2870 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Portman Mr. King Committee on Finance A BILL To amend certain provisions of the Social Security Act relating to demonstration projects designed to provide unemployed workers with the information, skills, and relationships they need for reemployment. 1. Short title This Act may be cited as the On the Job Training Act 2. Removal of barriers to promote reemployment through demonstration projects (a) Modification of numerical limitation Subsection (a) of section 305 of the Social Security Act ( 42 U.S.C. 505 per year 10 States (b) Clarification of application requirements Subsection (b) of such section 305 is amended— (1) by inserting or his or her designee The Governor of any State (2) by striking paragraph (2) and inserting the following: (2) for any waiver requested under subsection (c), a statement describing— (A) the specific provision or provisions of law for which such waiver is requested; and (B) the specific aspects of the project to which such waiver would apply and the reasons why it is needed; . (c) Extension of eligible time period Subsection (d) of such section 305 is amended— (1) in paragraph (1), by striking may must be commenced not later than December 31, 2017; and (2) in paragraph (2)— (A) by striking may not be approved may not be conducted (B) by striking ; and (3) by striking paragraph (3). (d) Clarification of demonstration activities Subsection (e) of such section 305 is amended— (1) in paragraph (1), by striking for employer-provided training, such as to employers or claimants for employer-provided training or (2) in paragraph (2), by striking , not to exceed the weekly benefit amount for each such individual, to pay part of the cost of wages that exceed the unemployed individual's prior benefit level that include disbursements promoting retention (e) Selection of qualifying applications on a first-Come, first-Served basis and review of cost neutrality Subsection (f) of such section 305 is amended to read as follows: (f) The Secretary of Labor shall, in the case of any State for which an application is submitted under subsection (b)— (1) approve completed applications in the order of receipt; (2) before approving an application, determine whether the assurances that the demonstration project would not result in any increased costs to the State's account in the Unemployment Trust Fund required under subsection (b)(4) are credible and disapprove any application that includes assurances that are determined to not be credible; (3) notify the State as to whether such application has been approved or denied within 30 days after receipt of a complete application; and (4) provide public notice of the decision within 10 days after providing notification to the State in accordance with paragraph (3). Public notice under paragraph (3) may be provided through the Internet or other appropriate means. Any application under this section that has not been denied within the 30-day period described in paragraph (3) shall be deemed approved, and public notice of any approval under this sentence shall be provided within 10 days thereafter. . (f) Termination of demonstration projects Subsection (g) of such section 305 is amended to read as follows: (g) The Secretary of Labor may terminate a demonstration project under this section if the Secretary— (1) determines that the State has violated the substantive terms or conditions of the project; (2) notifies the State in writing with sufficient detail describing the violation; and (3) determines that the State has not taken action to correct the violation within 90 days after the notification. . (g) Funding for administrative costs Such section 305 is amended by adding at the end the following new subsection: (i) In addition to the amounts described in subsection (h), during the period of fiscal years 2015 through 2020 there is authorized to be appropriated $6,000,000 to the Secretary of Labor for purposes of making payments to States that have entered into agreements with the Secretary to conduct demonstration projects under this section. A payment to a State under this subsection— (1) shall be used by the State to administer a demonstration project approved under this section; (2) shall remain available until expended; and (3) shall not exceed $200,000 for any fiscal year. . (h) Effective date; transition rule (1) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition rule (A) In general Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project approved under section 305 of the Social Security Act before the date of the enactment of this Act. (B) Original conditions continue to apply A demonstration project described in subparagraph (A) shall be conducted in the same manner as if subsections (a) through (f) had not been enacted. 3. Evaluation of demonstration projects (a) In general Section 305 of the Social Security Act ( 42 U.S.C. 505 (i) The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted under this section, using existing data sources to the extent possible and methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, and employment retention. . (b) Cooperation by State Section 305(b) of the Social Security Act ( 42 U.S.C. 505(b) (5) a description of the manner in which the State will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; (6) assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with respect to the impact evaluation conducted under subsection (i); and . (c) Reporting Not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, until the completion of the last evaluation under section 305(i) of the Social Security Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report that includes a description of— (1) the status of each demonstration project being carried out under this section; (2) the results of the evaluation completed during the previous fiscal year; and (3) the Secretary’s plan for— (A) disseminating the findings of the report to appropriate State agencies; and (B) incorporating the components of successful demonstration projects that reduced benefit duration and increased employment into Federal unemployment law. (d) Public dissemination In addition to the reporting requirements under subparagraph (c), evaluation results shall be shared broadly to inform policymakers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Labor.

On the Job Training Act

Promoting Healthy Minds for Safer Communities Act of 2014 - Title I: Strengthening and Improving Intervention Efforts - Requires the Secretary of Health and Human Services (HHS) to establish a program to award grants to states, political subdivisions, or nonprofit private entities for the expansion of mental health crisis assistance programs. Amends the Public Health Service Act to revise a community children and violence program to assist local communities and schools in applying a public health approach to mental health services, including by: (1) revising eligibility requirements for a grant, contract, or cooperative agreement; and (2) providing for comprehensive school mental health programs that are culturally and linguistically appropriate, trauma-informed, and age appropriate. Requires a comprehensive school mental health program funded under this Act to assist children in dealing with trauma and violence. Makes only a partnership between a local educational agency and at least one community program or agency that is involved in mental health eligible for such funding. Sets forth assurances required for eligibility, including that: (1) the local education agency will enter into a memorandum of understanding with at least one relevant community-based entity that clearly states how school-employed mental health professionals will be utilized and the responsibilities of each partner; (2) the program will include training of all school personnel, family members of children with mental health disorders, and concerned members of the community; and (3) the program will demonstrate the measures to be taken to sustain the program after funding terminates. Requires grantees to comply with the health information privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Requires the Administrator of the Substance Abuse and Mental Health Services Administration to develop a fiscally appropriate process for evaluating grant program activities, including: (1) the development of guidelines for the submission of program data by recipients; and (2) the development of measures of outcomes to be applied by recipients in evaluating programs, to include student and family measures and local educational measures. Amends the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 to: (1) expand the assistance provided under such Act, and (2) reauthorize appropriations for FY2015-FY2019. Authorizes the Attorney General to award grants to establish or expand: (1) veterans treatment court programs, which involve collaboration among criminal justice, veterans, and mental health and substance abuse agencies to provide qualified veterans (preliminarily qualified offenders who were discharged from the armed forces under conditions other than dishonorable) with intensive judicial supervision and case management, treatment services, alternatives to incarceration, and other appropriate services, including housing, transportation, job training, education, and assistance in obtaining benefits; (2) peer to peer services or programs to assist such veterans in obtaining treatment, recovery, stabilization, or rehabilitation; (3) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to such veterans who have been incarcerated; and (4) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and respond to incidents involving such veterans. Revises the definition of "preliminarily qualified offender" to include, for purposes of a veterans treatment court program, an adult or juvenile accused of an offense who has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder. Removes a requirement that the adult or juvenile be accused of a nonviolent offense. Requires preliminarily qualified offenders to be unanimously approved for participation in a collaboration program by, when appropriate, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and representative from the relevant mental health agency. Authorizes the Attorney General to award grants to enhance the capabilities of a correctional facility to: (1) identify and screen for mentally ill inmates; (2) plan and provide assessments of the clinical, medical, and social needs of inmates and appropriate treatment and services that address mental health and substance abuse needs; (3) develop, implement, and enhance post-release transition plans that coordinate services and public benefits, the availability of mental health care and substance abuse treatment services, alternatives to solitary confinement and segregated housing, and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (4) train employees in identifying and responding to incidents involving inmates with mental health disorders or co-occurring mental health and substance abuse disorders. Authorizes the Attorney General to: (1) award not more than six grants per year to applicants for the purpose of reducing the use of public services by mentally ill individuals who consume a significantly disproportionate quantity of public resources, and (2) make grants to provide support for programs that teach law enforcement personnel how to identify and respond to incidents involving persons with such disorders. Directs the Attorney General to give priority in awarding grants for adult or juvenile collaboration programs to applications that: (1) propose interventions that have been shown by empirical evidence to reduce recidivism, and (2) use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services. Title II: Improving Mental Health Research - Directs the Secretary to expand research on self-directed and other-directed violence associated with mental illness. Title III: Understanding the Epidemic of Gun Violence - Requires the Secretary to expand: (1) the National Violent Death Reporting System to all 50 states, and (2) research and grants of the Centers for Disease Control and Prevention (CDC) to address gun violence. Authorizes FY2015-FY2019 appropriations for CDC research and grants. Title IV: Mental Health and Access to Firearms - Amends federal criminal code prohibitions on the sale, purchase, transport, or possession of firearms or ammunition to specify that prohibitions with respect to persons committed to a mental institution apply to persons committed on an involuntary inpatient or involuntary outpatient basis. Authorizes the Attorney General to reserve not more than 5% of Edward Byrne Memorial Justice Assistance Grant Program funds for grants to states that: (1) give state and local law enforcement officers the authority to seize firearms or ammunition from an individual pursuant to a warrant, if there is probable cause to believe the individual poses an elevated risk of harm to himself or herself or to another individual; or (2) temporarily prohibit an individual involuntarily hospitalized for mental illness on an emergency basis from possessing a firearm or ammunition. Directs the Attorney General to establish a system for the prompt notification of state and local enforcement agencies when the National Instant Criminal Background Check System (NICS) notifies a licensed dealer that an individual attempting to obtain a firearm is prohibited from possessing a firearm under federal or state law. Title V: Restoration - Amends the NICS Improvement Amendments Act of 2007 to set forth procedures for persons adjudicated to have a mental disorder or committed to a mental institution to apply for relief (restoration of firearm ownership rights) after one year by submitting an opinion of a psychiatrist or licensed clinical psychologist in order to seek a determination by the adjudicating agency that the person no longer manifests the symptoms that elevate the risk of harm. Title VI: Submission of Mental Health Records to National Instant Criminal Background Check System - Requires the Director of the Bureau of Justice Statistics to report annually to Congress regarding the number of persons reported by each state to NICS who are prohibited from possessing or receiving a firearm based on a conviction for a misdemeanor crime of domestic violence. Reauthorizes the national criminal history improvement program for FY2015-FY2018. Requires the Attorney General to establish a four-year implementation plan for each state or Indian tribal government desiring a grant to improve the automation and transmittal to federal and state repositories of: (1) mental health records and criminal history dispositions, (2) records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, (3) court orders, and (4) mental health adjudications or commitments. Requires each federal agency in possession of records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under specified circumstances to make such records, updated at least quarterly, available to the Attorney General for use in NICS background checks. Directs HHS, under HIPAA, to allow states to make information concerning persons adjudicated as a mental defective or those committed to mental institutions available for NICS.

113 S2872 IS: Promoting Healthy Minds for Safer Communities Act of 2014 U.S. Senate 2014-09-18 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. 2872 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Blumenthal Committee on the Judiciary A BILL To protect individuals by strengthening the Nation's mental health infrastructure, improving the understanding of violence, strengthening firearm prohibitions and protections for at-risk individuals, and improving and expanding the reporting of mental health records to the National Instant Criminal Background Check System. 1. Short title This Act may be cited as the Promoting Healthy Minds for Safer Communities Act of 2014 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Strengthening and improving intervention efforts Sec. 101. Mental health crisis assessment, prevention, and education grant program. Sec. 102. School-based mental health programs. Sec. 103. Justice and mental health collaboration. TITLE II—Improving mental health research Sec. 201. Research with respect to violence. TITLE III—Understanding the epidemic of gun violence Sec. 301. National violent death reporting system. Sec. 302. Reaffirming Centers for Disease Control’s authority. Sec. 303. Protecting confidential doctor-patient relationship. TITLE IV—Mental health and access to firearms Sec. 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis. Sec. 402. Grant program regarding firearms. Sec. 403. Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person. TITLE V—Restoration Sec. 501. Federal agency relief program. Sec. 502. State relief programs. Sec. 503. General Federal relief. TITLE VI—Submission of Mental Health Records to National Instant Criminal Background Check System Sec. 601. Reports relating to submission of information to NICS. Sec. 602. Reauthorization of the National Criminal History Records Improvement Program. Sec. 603. Improvement of metrics and incentives. Sec. 604. Grants to States to improve coordination and automation of NICS record reporting. Sec. 605. Sharing of records by Federal departments and agencies with NICS. Sec. 606. Rulemaking to permit submission of mental health records to the National Instant Criminal Background Check System pursuant to the Health Insurance Portability and Accountability Act. I Strengthening and improving intervention efforts 101. Mental health crisis assessment, prevention, and education grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Secretary The term Secretary (3) State The term State (b) Establishment of Grant Program (1) Establishment The Secretary shall establish a program to award grants to eligible entities to carry out the activities described in paragraph (2). (2) Use of Funds (A) In General Grants awarded under this section may be used to carry out programs that— (i) expand early intervention and treatment services to improve access to mental health crisis assistance and address unmet mental health care needs; (ii) expand the continuum of services to address crisis intervention and crisis stabilization; (iii) reduce recidivism due to mental health crises and mitigate unnecessary expenditures by local law enforcement; and (iv) reduce unnecessary hospitalizations by appropriately utilizing community-based services and improving access to timely mental health crisis assistance. (B) Authorized Activities The programs described in subparagraph (A) may include any or all of the following activities: (i) Mental health crisis intervention and response training for law enforcement (to increase officers’ understanding and recognition of mental illnesses). (ii) Mobile support that provides field-based behavioral health assistance to law enforcement and members of the community and links individuals in crisis to appropriate services. (iii) School- and community-based early intervention and prevention programs that provide mobile response, screening and assessment, training and education, and peer-based and family services. (3) Application To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At minimum, such application shall include a description of— (A) the activities to be funded with the grant; (B) community needs; (C) the population to be served; and (D) the interaction between the activities described in subparagraph (A) and public systems of health and mental health care, law enforcement, social services, and related assistance programs. (4) Selecting among applicants (A) In General Grants shall be awarded to eligible entities on a competitive basis. (B) Selection criteria The Secretary shall evaluate applicants based on such criteria as the Secretary determines to be appropriate, including the ability of an applicant to carry out the activities described in paragraph (2). (5) Reports (A) Annual Reports (i) Eligible Entities As a condition of receiving a grant under this section, an eligible entity shall agree to submit a report to the Secretary, on an annual basis, describing the activities carried out with the grant and assessing the effectiveness of such activities. (ii) Secretary The Secretary shall, on an annual basis, and using the reports received under clause (i), report to Congress on the overall impact and effectiveness of the grant program under this section. (B) Final Report Not later than January 15, 2019, the Secretary shall submit to Congress a final report that includes recommendations with respect to the feasibility and advisability of extending or expanding the grant program. (6) Collection of Data (A) In General The Secretary shall collect data on the grant program to determine its effectiveness in reducing the social impact of mental health crises and the feasibility and advisability of extending the grant program. (B) Manner of Collection Data described in subparagraph (A) shall be collected and analyzed using a scientific peer-reviewed system and valid and reliable results-based research methodologies. (c) Funding (1) Grant Amount The Secretary shall determine the amount of each grant awarded under this section in an amount that is not more than $100,000 for each of fiscal years 2015 through 2019. (2) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019. 102. School-based mental health programs (a) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq. (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 of such part as sections 596 through 596C, respectively. (b) School-Based mental health and children and violence Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh 581. School-based mental health and children and violence (a) In general The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts, or cooperative agreements awarded to public entities and local educational agencies, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such approach should provide comprehensive age-appropriate services and supports, be linguistically and culturally appropriate, be trauma-informed, and incorporate age-appropriate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with trauma and violence. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and age-appropriate, school mental health program that incorporates positive behavioral interventions, client treatment, and supports to foster the health and development of children; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care service systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and (5) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a partnership between a local educational agency and at least 1 community program or agency that is involved in mental health; and (B) submit an application, that is endorsed by all members of the partnership, that contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding— (i) with at least 1 public or private mental health entity, health care entity, law enforcement or juvenile justice entity, child welfare agency, family-based mental health entity, family or family organization, trauma network, or other community-based entity; and (ii) that clearly states— (I) how school-employed mental health professionals (such as school psychologists, school counselors, and school social workers) will be utilized in the comprehensive school mental health program; (II) the responsibilities of each partner with respect to the activities to be carried out; (III) how each such partner will be accountable for carrying out such responsibilities; and (IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) That the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) the promotion of the social, emotional, mental, and behavioral health and wellness of all students in an environment that is conducive to learning; (ii) the reduction in the likelihood of at risk students developing social, emotional, mental, and behavioral health problems, or substance use disorders; (iii) the early identification of social, emotional, mental, and behavioral problems, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, mental, and behavioral health problems, or substance use disorders; and (v) the development and implementation of programs to assist children in dealing with trauma and violence. (C) That the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to identify early children with trauma histories and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow-up when services are not available; (iii) strategies that promote the social, emotional, mental, and behavioral health and wellness of all students; and (iv) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) That the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to identify early children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow-up when such services are not available; and (iii) strategies that promote a school-wide positive environment. (E) That the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates. (F) That the local educational agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates. (G) That the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices. (H) That the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (I) That the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate. (J) That the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance (K) That the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. An entity may receive only 1 award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period. (f) Evaluation and measures of outcomes (1) Development of process The Administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) improving social, emotional, mental, and behavioral health and wellness; (ii) increasing academic competency (as defined by the Secretary); (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing suspensions, truancy, expulsions, and violence; (vii) increasing graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and (viii) improving access to care for mental health disorders. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased successful matriculation to postsecondary school; and (ix) reduced referrals to juvenile justice. (3) Submission of annual data An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Administrator Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation A grantee shall use not to exceed 10 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2015 through 2019. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2015 through 2019. . (c) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. G School-based mental health . 103. Justice and mental health collaboration (a) Assisting Veterans (1) Redesignation Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating subsection (i) as subsection (l). (2) Assisting veterans Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended 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; or (iv) other appropriate services, which may include 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. . (b) Correctional Facilities Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i), as added by subsection (a), the following: (j) Correctional facilities (1) Definitions In this subsection: (A) Correctional facility The term correctional facility (B) Eligible inmate The term eligible inmate (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. (2) Correctional facility grants The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility— (A) to identify and screen for eligible inmates; (B) to plan and provide— (i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and (ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; (C) to develop, implement, and enhance— (i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; (ii) the availability of mental health care services and substance abuse treatment services; and (iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders. . (c) High utilizers Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j), as added by subsection (b), the following: (k) Demonstration grants responding to high utilizers (1) Definition In this subsection, the term high utilizer (A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and (B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services. (2) Demonstration grants responding to high utilizers (A) In general The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers. (B) Use of grants A recipient of a grant awarded under this subsection may use the grant— (i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers; (ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, and housing personnel; (iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or (iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers. (C) Report Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that— (i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and (ii) provides a model set of practices, systems, or procedures that other jurisdictions may adopt to reduce the use of public services by high utilizers. . (d) Academy training Section 2991(h) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended— (1) in paragraph (1), by adding at the end the following: (F) Academy training To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving individuals with mental illness or co-occurring mental illness and substance abuse disorders. ; and (2) by adding at the end the following: (4) Priority consideration The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively. . (e) Evidence based practices Section 2991(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amended— (1) in paragraph (3), by striking or (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3) the following: (4) propose interventions that have been shown by empirical evidence to reduce recidivism; (5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or . (f) Safe communities (1) In general Section 2991(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended— (A) by striking paragraphs (8) and (9) and inserting the following: (8) Preliminarily qualified offender (A) In general The term preliminarily qualified offender (i) (I) at any time, has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) for purposes of a veterans treatment court program, as defined under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and (ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant— (I) prosecuting attorney; (II) defense attorney; (III) probation or corrections official; (IV) judge; and (V) representative from the relevant mental health agency described in subsection (b)(5)(B)(i). (B) Determination In determining whether to designate an individual as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account— (i) whether the participation of the individual in the program would pose a substantial risk of violence to the community; (ii) the criminal history of the individual and the nature and severity of the offense for which the individual is charged; (iii) the views of any relevant victims to the offense; (iv) the extent to which the individual would benefit from participation in the program carried out using a grant under this section; (v) the extent to which the community would realize cost savings because of the individual’s participation in the program; and (vi) whether the individual satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative. ; and (B) by redesignating paragraphs (10) and (11) as paragraphs (9) and (10), respectively. (2) Technical and conforming amendment Section 2927(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s–6(2)) is amended by striking has the meaning given that term in section 2991(a). means an offense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. . (g) Reauthorization of appropriations Subsection (l) of section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in subsection (a)(1), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period and inserting ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2015 through 2019. ; and (2) by adding at the end the following: (3) Limitation Not more than 20 percent of the funds authorized to be appropriated under this subsection may be used for purposes described in subsection (i) (relating to veterans). . II Improving mental health research 201. Research with respect to violence The Secretary of Health and Human Services, in consultation with the Director of the National Institutes of Health, shall expand and intensify research on self-directed and other-directed violence associated with mental illness. III Understanding the epidemic of gun violence 301. National violent death reporting system The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall improve the National Violent Death Reporting System, authorized pursuant to title III of the Public Health Service Act (42 U.S.C. 241 et seq.), particularly through the expansion of the application of such system to include the 50 States. Participation in the system by the States shall be voluntary. 302. Reaffirming Centers for Disease Control’s authority (a) In general Section 391 of the Public Health Service Act ( 42 U.S.C. 280b (1) in subsection (a)(1), by striking research relating to the causes, mechanisms, prevention, diagnosis, treatment of injuries, and rehabilitation from injuries; research, including data collection, relating to— (A) the causes, mechanisms, prevention, diagnosis, and treatment of injuries, including with respect to gun violence; and (B) rehabilitation from such injuries; ; and (2) by adding at the end the following: (c) No advocacy or promotion of gun control Nothing in this section shall be construed to— (1) authorize the Secretary to give assistance, make grants, or enter into cooperative agreements or contracts for the purpose of advocating or promoting gun control; or (2) permit a recipient of any assistance, grant, cooperative agreement, or contract under this section to use such assistance, grant, agreement, or contract for the purpose of advocating or promoting gun control. . (b) Authorization of appropriations Section 394A of the Public Health Service Act ( 42 U.S.C. 280b–3 authorized to be appropriated authorized to be appropriated such sums as may be necessary for each of fiscal years 2015 through 2019. 303. Protecting confidential doctor-patient relationship Section 2717(c) of the Public Health Service Act ( 42 U.S.C. 300gg–17(c) (6) Rule of construction Notwithstanding the previous provisions of this subsection, none of the authorities provided to the Secretary under this subsection, Public Law 111–148 (A) asking a patient about the ownership, possession, use, or storage of a firearm or ammunition in the home of such patient; (B) speaking to a patient about gun safety; or (C) reporting to the authorities a patient’s threat of violence. . IV Mental health and access to firearms 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis Section 922 (1) in subsection (d)(4), by inserting on an involuntary inpatient or involuntary outpatient basis (2) in subsection (g)(4), by inserting on an involuntary inpatient or involuntary outpatient basis 402. Grant program regarding firearms Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3756(b) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (2) in the matter preceding subparagraph (A), as redesignated, by striking to 1 or more States or units of local government to— (1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, if the Attorney General determines that providing such funds is necessary— ; (3) in paragraph (1), as designated, by striking the period at the end and inserting ; or (4) by adding at the end the following: (2) 1 or more States, if each such State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws, or regulations pertaining to the possession or transfer of firearms or ammunition that— (A) (i) give State and local law enforcement officers the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition from an individual pursuant to a warrant, if there is probable cause to believe that the individual poses an elevated risk of harm to himself or herself or to another individual, which may be determined by considering whether the individual— (I) has caused harm to himself or herself or to another individual; (II) has detailed plans to cause harm to himself or herself or to another individual; (III) has a history of substance abuse; or (IV) lacks impulse control; and (ii) provide that not later than 14 days after a seizure of firearms or ammunition from an individual as described in subparagraph (A)— (I) the individual shall be given an opportunity to contest the seizure in court; and (II) any firearm or ammunition seized shall be returned to the individual unless a State or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual poses an elevated risk of harm to himself or herself or to another individual; or (B) temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than 48 hours for mental illness on an emergency basis from possessing a firearm or ammunition; . 403. Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person (a) Definitions In this section— (1) the term National Instant Criminal Background Check System 18 U.S.C. 922 (2) the terms firearm licensed dealer section 921(a) (b) Establishment of notification system The Attorney General shall establish a system for the prompt notification of the relevant State and local enforcement agencies when the National Instant Criminal Background Check System notifies a licensed dealer that the information available to the National Instant Criminal Background Check System indicates that the possession of a firearm by an individual attempting to obtain a firearm from the licensed dealer would violate subsection (g) or (n) of section 922 V Restoration 501. Federal agency relief program Section 101(c)(2)(A) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following: (ii) Adjudication of applications A Federal department or agency that makes an adjudication related to the mental health of a person or imposes a commitment of a person to a mental institution, as described in subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, shall grant the person relief from the disability imposed by such subsection only if— (I) not earlier than 1 year after the date on which the person is first subject to the disability, the person submits to the department or agency— (aa) an application for relief from the disability; and (bb) the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, which attests that— (AA) the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; (BB) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and (CC) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; (II) the department or agency has the opportunity to request an additional evaluation of the person by a psychiatrist or licensed clinical psychologist appointed by the department or agency; and (III) the department or agency determines by a preponderance of the evidence received that— (aa) the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment or that otherwise significantly elevate the risk of harm to self or others; (bb) the person— (AA) appears to have consistently adhered to any prescribed treatment for a substantial period of time preceding the date of the application; and (BB) has expressed a willingness to continue treatment under an appropriate mental health professional; (cc) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; and (dd) the granting of the relief would not be contrary to the public interest. . 502. State relief programs (a) In general Section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) provides that, not earlier than 1 year after the date on which a person is first adjudicated or committed as described in subsection (g)(4) of section 922 (A) the person submits with the application for relief under paragraph (1) the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, which attests that— (i) the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; (ii) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and (iii) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; (B) the State has the opportunity to request an additional evaluation of the person by a psychiatrist or licensed clinical psychologist appointed by the court, board, commission, or other lawful authority; and (C) the court, board, commission, or other lawful authority determines by a preponderance of the evidence received that— (i) the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; (ii) the person— (I) appears to have consistently adhered to any prescribed treatment for a substantial period of time preceding the date of the application; and (II) has expressed a willingness to continue treatment under an appropriate mental health professional; (iii) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; and (iv) the granting of the relief would not be contrary to the public interest; and ; and (2) by adding at the end the following: (c) Definitions The Attorney General may, by regulation, define a term used in this section to ensure conformity with Federal programs providing relief from disabilities imposed under subsections (d) and (g) of section 922 . (b) Transition rule The amendment made by subsection (a) shall apply only beginning on the date that is 5 years after the date of enactment of this Act, in the case of any State that has a program described in section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 503. General Federal relief Section 925(c) (1) by striking (c) A person (c)(1) Except as provided in paragraph (2), a person (2) by adding at the end the following: (2) A person who is subject to a disability imposed under subsection (d)(4) or (g)(4) of section 922 may not receive relief under this subsection unless— (A) the person submits an application to the Attorney General for relief from the disability not earlier than 1 year after the date on which the person is first subject to the disability; (B) the person submits, with the application for relief, the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, which attests that— (i) the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; (ii) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and (iii) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; (C) the Attorney General has the opportunity to request an additional evaluation by a psychiatrist or licensed clinical psychologist appointed by the court; and (D) the Attorney General determines by a preponderance of the evidence received that— (i) the person no longer manifests the symptoms of mental disorder that resulted in the adjudication of the person as a mental defective or involuntary commitment of the person; (ii) the person— (I) appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and (II) has expressed a willingness to continue treatment under an appropriate mental health professional; (iii) if ongoing treatment is required, adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to the person or to others; and (iv) the granting of the relief would not be contrary to the public interest. . VI Submission of Mental Health Records to National Instant Criminal Background Check System 601. Reports relating to submission of information to NICS Section 201 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 (1) by striking subsection (b) and inserting the following: (b) Report on persons prohibited from obtaining firearms as a result of a conviction of a misdemeanor crime of domestic violence Not later than January 31 of each year, the Director shall submit to Congress a report containing the number of persons reported by each State to the National Instant Criminal Background Check System under section 102(b) who are prohibited from possessing or receiving a firearm under section 922(g)(9) ; (2) by redesignating subsection (d) as (e); and (3) by inserting after subsection (c) the following: (d) Report on promising practices (1) In general Not later than 180 days after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, and annually thereafter, the Director shall submit to Congress and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States that the Director considers to be promising practices. (2) Promising practice defined For purposes of this subsection, the term promising practice (A) has been used by a State or any State agency to successfully increase or expand its ability to collect, maintain, automate, and transmit the information described in the matter preceding this subparagraph; (B) shows promise in its early stages of becoming a best practice under subsection (c), with long-term sustainable impact; and (C) may be replicated by other States or State agencies. . 602. Reauthorization of the National Criminal History Records Improvement Program Section 106(b) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 (1) in paragraph (1), in the matter preceding subparagraph (A), by striking this Act the Promoting Healthy Minds for Safer Communities Act of 2014 (2) in paragraph (2), by striking a total of $100,000,000 for each of fiscal years 2015 through 2018. 603. Improvement of metrics and incentives Section 102(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 (b) Implementation plan (1) In general Not later than 1 year after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System. (2) Benchmark requirements Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess the implementation of the 4-year plan. (3) Penalties for non-compliance (A) In general During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold— (i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 (ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 (iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 (iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 (B) Failure to establish a plan A State that fails to establish a plan under paragraph (1) shall be treated as having not met any benchmark established under paragraph (2). . 604. Grants to States to improve coordination and automation of NICS record reporting (a) In general The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 (1) by striking section 103 and inserting the following: 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) Authorization From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State or units of local government of the State, Indian tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program. (b) Use of grant amounts A grant awarded to a State, Indian tribal government, or State court system under this section may only be used to— (1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian tribal government for the automation and transmittal of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (2) implement policies, systems, and procedures for the automation and transmittal of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (3) create electronic systems that provide accurate and up-to-date information that is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records; (4) assist the State or Indian tribal government in establishing or enhancing its own capacity to perform background checks using the National Instant Criminal Background Check System; and (5) develop and maintain the relief from disabilities program in accordance with section 105. (c) Eligibility (1) In general To be eligible for a grant under this section, a State, Indian tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian tribal government, or State court system— (A) is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System; and (B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105. (2) Relief from disabilities program For purposes of obtaining a grant under this section, a State, Indian tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014. (d) Federal share (1) Studies, assessments, non-material activities The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent. (2) Infrastructure or system development The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity. (e) Grants to Indian tribes Not more than 5 percent of the amounts made available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2015 through 2018. ; (2) by striking title III; and (3) in section 401(b), by inserting after of this Act , and not later than 18 months after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014 (b) Technical and conforming amendment The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended— (1) by striking the item relating to section 103 and inserting the following: Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting. ; (2) by striking the item relating to title III; and (3) by striking the item relating to section 301. 605. Sharing of records by Federal departments and agencies with NICS Section 101(b) of the NICS Improvement Act of 2007 ( 18 U.S.C. 922 (1) in paragraph (2)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by inserting at the end the following: (D) not later than 180 days after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, and annually thereafter, submit a report to Congress on the compliance of the head of each department or agency of the Federal Government with the requirements under paragraphs (1) and (3). ; and (2) by adding at the end the following: (3) Other Federal departments and agencies The head of each department or agency of the Federal Government that is in possession of a record that is relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, shall make available to the Attorney General the record, updated not less than quarterly, for use in the background checks performed by the National Instant Criminal Background Check System. . 606. Rulemaking to permit submission of mental health records to the National Instant Criminal Background Check System pursuant to the Health Insurance Portability and Accountability Act Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations, in accordance with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 18 U.S.C. 922 section 922(g)(4)

Promoting Healthy Minds for Safer Communities Act of 2014

Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that the juvenile has violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Requires that procedures be put in place to ensure that a juvenile held in a secure detention or correctional facility does not remain in such facility longer than three days or the length of time authorized by the court, or authorized under state law, whichever is shorter. Prohibits the detention of a juvenile more than once in any six-month period. Prohibits, one year after the enactment of this Act, a state that receives a formula grant under the juvenile justice and delinquency prevention program from using a valid court order to place a juvenile status offender in a secure detention or correctional facility. Allows a state that demonstrates hardship to apply for a single one-year extension of time to comply with the requirement to eliminate such use of court orders.

113 S2874 IS: Prohibiting Detention of Youth Status Offenders Act of 2014 U.S. Senate 2014-09-18 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. 2874 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Casey Committee on the Judiciary A BILL To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to eliminate the use of valid court orders to secure lockup of status offenders, and for other purposes. 1. Short title This Act may be cited as the Prohibiting Detention of Youth Status Offenders Act of 2014 2. Deinstitutionalization of status offenders Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 (1) in subsection (a)(11)— (A) in the matter preceding subparagraph (A), by striking shall, (B) in subparagraph (A)— (i) in clause (i), by adding and (ii) in clause (ii), by striking and (iii) by striking clause (iii); and (iv) in the matter following clause (iii), by striking and (C) by adding at the end the following: (C) if a court determines that a juvenile should be placed in a secure detention facility or secure correctional facility for violating an order described in subparagraph (A)(ii)— (i) the court shall issue a written order that— (I) identifies the valid court order that the juvenile has violated; (II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated the order; (III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention facility or secure correctional facility, with due consideration to the best interest of the juvenile; (IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or secure correctional facility; (V) includes a plan for the release of the juvenile from the secure detention facility or secure correctional facility; and (VI) may not be renewed or extended; and (ii) the court may not issue a subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); (D) there are procedures in place to ensure that a juvenile held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) does not remain in a secure detention facility or secure correctional facility longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; and (E) a juvenile status offender held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) may only be held in a secure detention facility or secure correctional facility 1 time in any 6-month period, provided that the conditions set forth in subparagraph (C) are satisfied. ; and (2) by adding at the end the following: (g) Additional requirement Not later than 1 year after the date of enactment of this subsection, no State receiving a formula grant under this part may use a valid court order described in subsection (a)(11)(A)(ii) to place a juvenile status offender in a secure detention facility or secure correctional facility. A State that can demonstrate hardship as determined by the Administrator may submit to the Administrator an application for a single 1-year extension to comply with the requirement described in this subsection, which shall describe— (1) the measurable progress and good faith effort in the State to reduce the number of juvenile status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order described in subsection (a)(11)(A)(ii); and (2) a plan to comply with the requirement described in this subsection not later than 1 year after the date the extension is granted. .

Prohibiting Detention of Youth Status Offenders Act of 2014

National Guard Investigations Transparency and Improvement Act of 2014 - Codifies the establishment of the Office of Complex Administrative Investigations (the Office) in the Office of the Chief of the National Guard Bureau. Requires the Office to undertake complex administrative investigations of matters relating to members of the National Guard when in state status, including investigations of sexual assault, upon the request of: (1) the Chief; (2) an adjutant general of a state, a territory, or the District of Columbia; (3) a governor of a state or territory; or (4) the Commanding General of the National Guard of the District of Columbia. Defines "complex administrative investigation" as any investigation specified by the Chief involving factors giving rise to unusual complexity, including: (1) questions of jurisdiction between the United States and a state or territory, (2) matters requiring specialized training among investigating officers, or (3) matters raising the need for an independent investigation to ensure fairness and impartiality. Requires the Chief to treat any final report of the Office relating to such matters as if it were the report of an inspector general of the Department of Defense (DOD) or a military department. Directs the Chief to submit to Members of Congress from the state or territory concerned the final report adopted by the Office regarding such an investigation. Requires the Chief to submit to Congress an annual report regarding all investigations undertaken by the Office during the preceding year.

113 S2875 IS: National Guard Investigations Transparency and Improvement Act of 2014 U.S. Senate 2014-09-18 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. 2875 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Begich Committee on Armed Services A BILL To codify in law the establishment and duties of the Office of Complex Administrative Investigations in the National Guard Bureau, and for other purposes. 1. Short title This Act may be cited as the National Guard Investigations Transparency and Improvement Act of 2014 2. Codification in law of establishment and duties of the Office of Complex Administrative Investigations in the National Guard Bureau (a) In general There is in the Office of the Chief of the National Guard Bureau the Office of Complex Administrative Investigations (in this section referred to as the Office (b) Direction and supervision The Office shall be under the direction and supervision of the Chief of the National Guard Bureau. (c) Duties (1) In general The duties of the Office shall be to undertake complex administrative investigations of matters relating to members of the National Guard when in State status, including investigations of sexual assault involving a member of the National Guard in such status, upon the request of any of the following: (A) The Chief of the National Guard Bureau. (B) An adjutant general of a State or territory or the District of Columbia. (C) The governor of a State or territory, or the Commanding General of the National Guard of the District of Columbia. (2) Complex administrative investigations For purposes of this subsection, a complex administrative investigation is any investigation (as specified by the Chief of the National Guard Bureau for purposes of this section) involving factors giving rise to unusual complexity in investigation, including the following: (A) Questions of jurisdiction between the United States and a State or territory. (B) Matters requiring specialized training among investigating officers. (C) Matters raising the need for an independent investigation in order to ensure fairness and impartiality in investigation. (3) Matters relating to members of the National Guard in State status The determination whether or not a matter relates to a member of the National Guard when in State status for purposes of this section shall be made by the Chief of the National Guard Bureau in accordance with criteria specified by the Chief of the National Guard Bureau for purposes of this section. (d) Chief of National Guard Bureau treatment of final reports The Chief of the National Guard Bureau shall treat any final report of the Office on a matter under this section as if such report were the report of an Inspector General of the Department of Defense or a military department on such matter. (e) Reports to Congress (1) Submittal of final reports to congressional delegations Upon the adoption by the Office of a final report on an investigation undertaken by the Office pursuant to this section, the Chief of the National Guard Bureau shall submit such report (with any personally identifying information appropriately redacted) to the members of Congress from the State or territory concerned. (2) Annual reports The Chief of the National Guard Bureau shall submit to Congress each year a report on the investigations undertaken by the Office pursuant to this section during the preceding year. Each report shall include, for the year covered by such report, the following: (A) A summary description of the investigations undertaken during such year, including any trends in matters subject to investigation and in findings as a result of investigations. (B) Information, set forth by State and territory, on the investigations undertaken during such year involving allegations of sexual assault involving a member of the National Guard. (C) Such other information and matters on the investigations undertaken during such year as the Chief of the National Guard Bureau considers appropriate. (f) Personnel and other capabilities The Chief of the National Guard Bureau shall ensure that the Office maintains the personnel and other capabilities necessary for the discharge of the duties of the Office under this section. (g) Procedures and instructions The Chief of the National Guard Bureau shall issue, and may from time to time update, procedures and instructions necessary for the discharge of the duties of the Office under this section. (h) Repeal of superseded instruction Chief of the National Guard Bureau Instruction CNGBI 0400.01, dated July 30, 2012, shall have no further force or effect.

National Guard Investigations Transparency and Improvement Act of 2014

Emergency Contraception Access and Education Act of 2014 - Prohibits payment to a hospital under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act unless the hospital promptly provides information about emergency contraception to any woman who arrives at the hospital and is stated to be, or hospital staff have reason to believe is, a victim of sexual assault. Requires the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate information on emergency contraception. Directs the Administrator of the Health Resources and Services Administration (HRSA) to develop and disseminate to health care providers, including pharmacists, information on emergency contraception, including a recommendation for providers working in emergency rooms to consult with survivors of sexual assault regarding emergency contraception and provide follow-up care and referral services.

113 S2876 IS: Emergency Contraception Access and Education Act of 2014 U.S. Senate 2014-09-18 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. 2876 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mrs. Murray Mrs. Boxer Ms. Warren Mr. Blumenthal Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To establish a public education and awareness and access program relating to emergency contraception. 1. Short title This Act may be cited as the Emergency Contraception Access and Education Act of 2014 2. Findings Congress makes the following findings: (1) Each year 3,400,000 pregnancies, or one-half of all pregnancies, in the United States are unintended, and 4 in 10 of these unintended pregnancies end in abortion. (2) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy for women of reproductive potential and has approved certain forms of emergency contraceptive for unrestricted sale on pharmacy shelves to women of all ages. (3) Research indicates that emergency contraception reduces the risk of pregnancy by up to 95 percent and emergency IUD insertion reduces the risk by 99 percent. Although more effective the sooner it is taken, medical evidence indicates that emergency contraception can be effective up to 5 days after unprotected intercourse or contraceptive failure. (4) Emergency contraception is a responsible means of preventing pregnancy that works like other hormonal contraceptives by suppressing or delaying ovulation, which makes fertilization from unprotected intercourse unlikely if the medication is taken within 120 hours. Emergency contraception does not terminate an established pregnancy. (5) Most brands of emergency contraception consist of the same hormones found in other hormonal birth control. (6) The percentage of sexually experienced women aged 15 to 44 in the United States who have ever used emergency contraception increased from 4.2 percent in 2002 to 11 percent in years 2006 through 2010. (7) A recent study by the Guttmacher Institute demonstrates that the rate of teen pregnancy in the United States has reached a historic low, declining 51 percent since its peak in 1990. From 2008 to 2010, increasing proportions of women aged 18 and 19 reported becoming sexually active, yet fewer of them got pregnant during this time period than in previous studies. Research suggests that increasing rates of contraceptive use may be associated with the decline in teen pregnancy. (8) Despite an increase in use, significant disparities exist for young, urban, minority women who lack general knowledge about emergency contraception. In fact, 1 in 4 teens remain completely unaware of the method and its use. (9) Although the American College of Obstetricians and Gynecologists (ACOG) recommends that doctors routinely discuss emergency contraception with women of reproductive age during their clinical visits only half of obstetricians/gynecologists offer emergency contraception to all of their patients in need suggesting that greater provider and patient awareness and education is needed. (10) Nearly 1 out of 5 American women is a victim of rape. It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape, half of whom choose to terminate their pregnancy. The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in adult survivors who were not protected by some form of contraception at the time of the attack. If used correctly, emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy. (11) Only 18 States and the District of Columbia require hospital emergency rooms to provide emergency contraception-related services to survivors of sexual assault. Of those, only 13 States and the District of Columbia require hospital emergency rooms to provide emergency contraception upon request to survivors of sexual assault. Nine States have adopted restrictions on emergency contraception, and six States explicitly allow pharmacists to refuse to dispense emergency contraception. (12) In light of their safety and efficacy, the American Medical Association, American Academy of Pediatrics, American Women’s Medical Association, Society for Adolescent Medicine, and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of emergency contraceptives. (13) Healthy People 2020, published by the Office of Disease Prevention and Health Promotion (ODPHP), establishes a 10-year national public health goal of increasing the proportion of publicly funded health care providers who provide emergency contraception to their patients, and reducing the number of unintended pregnancies by 10 percent. (14) Public awareness campaigns targeting women and health care providers will help remove many of the barriers to emergency contraception and will help bring this important means of pregnancy prevention to women in the United States. 3. Definitions In this Act: (1) Emergency contraception The term emergency contraception 21 U.S.C. 321 (A) is used postcoitally; (B) prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and (C) is approved by the Food and Drug Administration. (2) Health care provider The term health care provider (3) Hospital The term hospital (A) a hospital as defined in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) (B) a critical access hospital as defined in section 1861(mm)(1) of such Act ( 42 U.S.C. 1395x(mm)(1) (4) Institution of higher education The term institution of higher education (5) Secretary The term Secretary (6) Sexual assault (A) In general The term sexual assault section 2246(2) (B) Application of provisions The definition in subparagraph (A) shall apply to all individuals. 4. Survivors of sexual assault; provision by hospitals of emergency contraception without charge (a) In general Federal funds may not be provided to a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or to a State, with respect to services of a hospital, under title XIX of such Act (42 U.S.C. 1396 et seq.), unless such hospital complies with the conditions specified in subsection (b) in the case of— (1) any woman who arrives at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for victims The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that— (A) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for all women without age restrictions and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (B) emergency contraception is more effective the sooner it is taken; and (C) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Effective date; agency criteria This section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section. 5. Emergency contraception education and information programs (a) Emergency contraception public education program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. (2) Dissemination The Secretary may disseminate information on emergency contraception under paragraph (1) directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, institutions of higher education, clinics, the media, and Federal, State, and local agencies. (3) Information The information on emergency contraception disseminated under paragraph (1) shall include, at a minimum, the most current evidence-based and evidence-informed standards of care with respect to emergency contraception and an explanation of the proper, use, safety, efficacy, counseling and availability of such contraception. (b) Emergency contraception information program for health care providers (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. (2) Information The information disseminated under paragraph (1) shall include, at a minimum— (A) information describing the most current evidence-based and evidence-informed standards of care, proper use, safety, efficacy, counseling and availability of emergency contraception; (B) a recommendation regarding the use of such contraception in appropriate cases; (C) recommendation for health care providers working in emergency rooms to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and to provide any necessary follow-up care and referral services; and (D) information explaining how to obtain copies of the information developed under subsection (a) for distribution to the patients of the providers. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2014 through 2018.

Emergency Contraception Access and Education Act of 2014

Federal Debt Management Act of 2014 - Limits the Department of the Treasury's authority to manage the debt of the United States by using extraordinary measures to prevent the public debt limit from being exceeded. Limits the authority of the Secretary of the Treasury to suspend the investing of amounts or the issuance of obligations for the Civil Service Retirement and Disability Fund, the Thrift Savings Fund, the Exchange Stabilization Fund, or any other fund or account for the purposes of preventing the public debt of the United States from exceeding the public debt limit. Requires the Secretary to submit to Congress additional information regarding the Daily Treasury Statement, including: (1) all cash flow and debt transaction information used in preparing the Daily Treasury Statement, and (2) forecasts for the cash flow and debt transactions of the federal government.

113 S2877 IS: Federal Debt Management Act of 2014 U.S. Senate 2014-09-18 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. 2877 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Vitter Committee on Homeland Security and Governmental Affairs A BILL To appropriately manage the debt of the United States by limiting the use of extraordinary measures. 1. Short title This Act may be cited as the Federal Debt Management Act of 2014 2. Debt management (a) Civil Service Retirement and Disability Fund Section 8348 (1) by striking subsections (j) and (k); and (2) in subsection (l)— (A) by striking (l)(1) The Secretary (2) Whenever (j) Whenever (B) by striking public debt limit limitation imposed by section 3101(b) (b) Thrift Savings Fund Section 8438 (1) by striking subsection (g); and (2) in subsection (h)— (A) by striking (h)(1) The Secretary (2) Whenever (g) Whenever (B) by striking public debt limit limitation imposed by section 3101(b) (c) Stabilization fund Section 5302(a)(1) (1) in the first sentence, by striking , and for investing in obligations of the United States Government those amounts in the fund the Secretary of the Treasury, with the approval of the President, decides are not required at the time to carry out this section (2) by inserting before the second sentence the following: The Secretary of the Treasury shall invest in obligations of the United States Government any amounts in the stabilization fund that the Secretary, with the approval of the President, decides are not required at the time to carry out this section. (d) Prohibition The Secretary of the Treasury may not suspend the investing of amounts or the issuance of obligations for any fund or account for purposes of preventing the public debt of the United States from exceeding the limitation imposed by section 3101(b) of title 31, United States Code. (e) Savings provisions (1) Civil Service Retirement and Disability Fund Notwithstanding the amendments made by subsection (a), paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 (2) Thrift Savings Fund Notwithstanding the amendments made by subsection (b), paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 3. Information regarding Daily Treasury Statements Not later than 24 hours after publishing a Daily Treasury Statement, or any successor thereto, the Secretary of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that— (1) provides all cash flow and debt transaction information used in preparing the Daily Treasury Statement; and (2) includes forecasts for the cash flow and debt transactions of the Federal Government.

Federal Debt Management Act of 2014

Student Loan Tax Relief Act - Amends the Internal Revenue Code to exclude from gross income income imputed from a discharge of student loan indebtedness based on repayments which are income contingent or income based or a discharge due to the death or total disability of the student.

113 S2878 IS: Student Loan Tax Relief Act U.S. Senate 2014-09-18 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. 2878 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Menendez Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an exclusion from income for student loan forgiveness for students in certain income-based or income-contingent repayment programs who have completed payment obligations, and for other purposes. 1. Short title This Act may be cited as the Student Loan Tax Relief Act 2. Certain student loans the repayment of which is income contingent or income-based (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 455(e) or section 493C(b)(7) of the Higher Education Act of 1965 (relating to income contingent and income-based repayment). . (b) Effective Date The amendment made by subsection (a) shall apply to discharges of loans after December 31, 2014. 3. Student loans discharged on account of death or disability (a) In general Paragraph (1) of section 108(f) or , or (C) such discharge was on account of the death or total and permanent disability of the student. . (b) Effective Date The amendment made by subsection (a) shall apply to discharges of loans after December 31, 2014.

Student Loan Tax Relief Act

Sustainable Chemistry Research and Development Act of 2014 - Directs the President to establish an interagency Sustainable Chemistry Program to promote and coordinate federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. Directs the President to establish an Interagency Working Group that includes representatives from specified federal agencies to oversee the planning, management, and coordination of the Program. Requires the Interagency Working Group to establish an Advisory Council on Sustainable Chemistry to make recommendations to it and provide it with advice and assistance. Requires participating agencies to report to the Office of Management and Budget (OMB) on Program activities and appropriations. Requires the Interagency Working Group to submit a report to Congress, as well as to the Government Accountability Office (GAO). Instructs the Interagency Working Group to lead agencies in awarding grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry to: (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies. Requires the Director of the National Science Foundation (NSF) to contract with the National Research Council to assess the current status of sustainable chemistry research in the United States. Directs the Interagency Working Group to produce a national strategy for sustainable chemistry that provides a framework for advancing sustainable chemistry research.

113 S2879 IS: Sustainable Chemistry Research and Development Act of 2014 U.S. Senate 2014-09-18 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. 2879 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coons Ms. Collins Mr. Rockefeller Mr. Isakson Committee on Commerce, Science, and Transportation A BILL To provide for the implementation of a Sustainable Chemistry Program, and for other purposes. 1. Short title This Act may be cited as the Sustainable Chemistry Research and Development Act of 2014 2. Definitions In this Act— (1) Advisory council The term Advisory Council (2) Interagency working group The term Interagency Working Group (3) Program The term Program (4) Sustainable chemistry The term sustainable chemistry (A) increasing the use of more sustainable, renewable, or recycled substances and materials; (B) increasing the use of substitutes for rare substances; (C) promoting safe and more efficient manufacturing; (D) minimizing lifecycle impacts, including environmental and health impacts; (E) optimizing product design and encouraging the reduction of waste and the reuse or recycling of chemicals and materials to account for the end of life or the final disposition of the product; or (F) increasing the design and use of safe molecules, chemicals, materials, chemistries, and chemical processes. 3. Sustainable Chemistry Program (a) In general The President shall establish an interagency Sustainable Chemistry Program to promote and coordinate Federal sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities. (b) Program activities The activities of the Program shall be designed to— (1) provide sustained support for sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training through— (A) merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations; (C) grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products; (D) incentive prize competitions and challenges; (E) coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies; and (F) to the extent practicable, encouragement of consideration of sustainable chemistry in, as appropriate— (i) the conduct of Federal and State science and engineering research and development; and (ii) the solicitation and evaluation of applicable proposals for science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of sustainable chemistry processes and products, including innovative financing mechanisms; (3) facilitate the adoption of sustainable chemistry innovations and methods; (4) expand the education and training of undergraduate and graduate students and professional scientists and engineers, including through partnerships with industry, in sustainable chemistry science and engineering; (5) collect and disseminate information on sustainable chemistry research, development, and technology transfer including information on— (A) incentives and impediments to development, manufacturing, and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; (6) support (including through technical assistance, participation, financial support, or other forms of support) venues for outreach and dissemination of sustainable chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups; (7) support (including through technical assistance, participation, financial support, or other forms of support) economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of sustainable chemistry; (8) provide for public input and outreach to be integrated into the Program by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate; and (9) develop metrics to track the outputs and outcomes of the Program. (c) Interagency working group (1) Establishment Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Office of Science and Technology Policy, shall establish an Interagency Working Group that shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, the Department of Agriculture, the Department of Defense, the National Institutes of Health, and any other agency that the President may designate to oversee the planning, management, and coordination of the Program. (2) Governance The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency, or their designees, shall serve as co-chairs of the Interagency Working Group. (3) Responsibilities In overseeing the planning, management, and coordination of the Program, the Interagency Working Group shall— (A) establish goals and priorities for the Program, in consultation with the Advisory Council; (B) provide for interagency coordination, including budget coordination, of activities under the Program; (C) meet not later than 90 days from its establishment and periodically thereafter; and (D) consult with the Advisory Council on a regular basis. (d) Advisory Council (1) Establishment Not later than 180 days after the date of the establishment of the Interagency Working Group, the co-chairs of the Interagency Working Group shall establish an Advisory Council on Sustainable Chemistry that shall make recommendations to the Interagency Working Group and provide it with ongoing advice and assistance. (2) Membership The Advisory Council members shall not be employees of the Federal Government and shall include a diverse representation of knowledgeable individuals from the private sector (including small- and medium-sized enterprises from across the value chain), academia, State and tribal governments, and nongovernmental organizations and others who are in a position to provide expertise. (3) Conflict of interest (A) In general The Interagency Working Group shall make its best efforts to ensure that— (i) no individual appointed to serve on the Advisory Council has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the Interagency Working Group determines that the conflict is unavoidable; (ii) the Advisory Council membership is fairly balanced as determined by the Interagency Working Group to be appropriate for the functions to be performed; (iii) any products of the Interagency Working Group will be the result of the Interagency Working Group's independent judgment; and (iv) the meetings and proceedings of the Advisory Council be open and available to the public. (B) Notification of conflicts The Interagency Working Group shall require that individuals nominated or appointed to serve on the Advisory Council inform the Interagency Working Group of any conflicts of interest that are relevant to the functions to be performed. (C) FACA applicability All proceedings and meetings of the Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (4) Governance The co-chairs of the Interagency Working Group— (A) may appoint new members of the Advisory Council as needed; and (B) shall appoint the original Chair to serve a term of 1 year. (5) Appointment of chair The Advisory Council shall appoint a Chair from among the members of the Advisory Council after the term of the original Chair appointed under paragraph (3)(B) expires. (e) Agency budget requests (1) In general Each Federal agency and department participating in the Program shall, as part of its annual request for appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget that— (A) identifies the activities of the agency or department that contribute directly to the Program; and (B) states the portion of the agency or department's request for appropriations that is allocated to those activities. (2) Annual budget request to Congress The President shall include in the annual budget request to Congress a statement of the portion of the annual budget request for each agency or department that will be allocated to activities undertaken pursuant to the Program. (f) Report to Congress (1) In general Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall submit a report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate that shall include— (A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities; (B) a summary of the financial resources allocated to sustainable chemistry initiatives; (C) an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities; (D) an assessment of the benefits of expanding existing, federally supported regional innovation and manufacturing hubs to include sustainable chemistry and the value of directing the creation of one or more dedicated sustainable chemistry centers of excellence or hubs; and (E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices between participating agencies in the Program. (2) Submission to GAO The Interagency Working Group shall also submit the report described in paragraph (1) to the Government Accountability Office for consideration in future congressional inquiries. 4. Partnerships in Sustainable Chemistry (a) Authorization The Interagency Working Group shall lead the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to— (1) create collaborative research, development, demonstration, technology transfer, and commercialization programs; and (2) train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies by methods including— (A) developing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists and engineers; and (B) publicizing the availability of professional development courses in sustainable chemistry and recruiting scientists and engineers to pursue such courses. (b) Guidelines The Interagency Working Group shall establish guidelines and criteria for— (1) a partnership between a company in the chemical industry and an institution of higher education eligible for a grant under subsection (a); and (2) the grant application and awarding process, which shall include— (A) competitive, merit-based review of each grant application; and (B) cost-sharing from non-Federal sources by members of the partnerships. 5. Study of sustainable chemistry The Director of the National Science Foundation shall enter into an arrangement with the National Research Council to conduct a study that shall— (1) assess the current status of sustainable chemistry research in the United States, and suggest high-priority research and development needs within sustainable chemistry; (2) examine the status of sustainable chemistry in the education of chemists and chemical engineers and other relevant professions and identify recommendations to improve and broaden the implementation of sustainable chemistry practices in science and engineering education, including examining the role of toxicology, chemical hazard and risk assessment, lifecycle assessment, and environmental fate and effects in science and engineering education; (3) examine case studies of successful and unsuccessful attempts at commercialization and adoption of sustainable chemistry processes and products in the United States and abroad and recommend research areas, priorities, and public policy options that would help to overcome identified barriers to commercialization; and (4) using available economic analyses, discuss the potential economic impact of sustainable chemistry, including job creation. 6. National strategy and implementation plan Not later than 2 years after the release of the study described in section 5, the Interagency Working Group, in consultation with the Advisory Council, shall produce a national strategy and accompanying implementation plan for sustainable chemistry that provides a framework for advancing sustainable chemistry research, development, technology transfer, commercialization, and education and training. 7. Prioritization In carrying out this Act, the Interagency Working Group shall prioritize support for activities that achieve, to the highest extent practicable, the goals of sustainable chemistry.

Sustainable Chemistry Research and Development Act of 2014

Simplifying Technical Aspects Regarding Seasonality Act of 2014 or the STARS Act - Amends the Internal Revenue Code to exempt seasonal employees from the definition of "full-time employee" for purposes of the employer mandate to provide employees with minimum essential health care coverage. Defines "seasonal employee" as an employee who is employed in a position for which the customary annual employment is not more than six months and which requires performing labor or services that are ordinarily performed at certain seasons or periods of the year.

113 S2881 IS: STARS Act U.S. Senate 2014-09-18 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. 2881 IN THE SENATE OF THE UNITED STATES September 18, 2014 Ms. Ayotte Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to simplify the treatment of seasonal positions for purposes of the employer shared responsibility requirement. 1. Short title This Act may be cited as the Simplifying Technical Aspects Regarding Seasonality Act of 2014 STARS Act 2. Simplification of seasonal rules for purposes of employer shared responsibility requirement (a) Full-Time employee exception for determining assessable payment (1) In general Paragraph (4) of section 4980H(c) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) Exception for seasonal employees Such term shall not include any seasonal employee. . (2) Seasonal employee defined Subsection (c) of section 4980H of such Code is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively and by inserting after paragraph (4) the following new paragraph: (5) Seasonal employee The term seasonal employee . (b) Applicable large employer determination exception Subparagraph (B) of section 4980H(c)(2) of such Code is amended to read as follows: (B) Exception for seasonal employees For purposes of subparagraph (A), seasonal employees shall not be taken into account. . (c) Effective date The amendments made by this section shall take effect as if included in section 1513 of the Patient Protection and Affordable Care Act.

STARS Act

Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules or regulations that affect the substantive or procedural rights of a person, employer, employee, or labor organization, including those concerning unfair labor practices and representation elections. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved person to bring a civil action for relief (including an injunction) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice.

113 S2885 IS: Protecting American Jobs Act U.S. Senate 2014-09-18 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. 2885 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices. 1. Short title This Act may be cited as the Protecting American Jobs Act 2. Amendments to the National Labor Relations Act (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections. (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 160 (1) in subsection (a)— (A) by striking prevent any person from engaging in investigate (B) by striking This power shall (2) in subsection (b)— (A) by striking Whenever it is charged Whenever it appears (B) by striking or is engaging in , is engaging in, or is about to engage in (C) by striking the Board, or any agent Provided, the aggrieved person may bring a civil action for such relief (including an injunction) as may be appropriate. Any such civil action may be brought in the district court of the United States where the violation occurred, or, at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought (D) by striking charge with the Board prevented from filing such charge civil action, unless the person aggrieved thereby was prevented from filing such civil action (E) by striking Any such complaint may be amended Any such proceeding shall, so far as practicable, Any proceeding under this subsection shall (3) by striking subsections (c) through (k); (4) by redesignating subsections (l) and (m) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged Whenever it is alleged (B) in the first sentence, by striking charge allegation (C) by striking such charge is true and that a complaint should issue, he shall such allegation is true, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. (6) in subsection (d) (as so redesignated)— (A) by striking Whenever it is charged Whenever it is alleged (B) by striking such charge such allegation (C) by striking and cases given priority under subsection (i) (d) Conforming amendments Such Act is amended— (1) in section 9 ( 29 U.S.C. 159 (A) in subsection (c)(2), by striking and in no case shall the Board (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d); (2) in section 3(b) ( 29 U.S.C. 153(b) or (e) of section 9 or (d) of section 9 (3) in section 8 ( 29 U.S.C. 158 9(e) 9(d) (4) in section 18 ( 29 U.S.C. 168 section 10 (e) or (f) subsection (e) or (f) of section 10, as such subsections were in effect on the day before the date of enactment of the Protecting American Jobs Act 3. Regulations Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act.

Protecting American Jobs Act

Accessible Transportation for All Act - Requires owners or operators of a for-hire transportation company, taxi service, or transportation network company to provide accessible vehicles for hire by disabled individuals in need of transportation services. Prohibits discrimination against disabled individuals in the provision of for-hire transportation services. Requires the Administrator of the Federal Transit Administration (FTA) to organize a national competition for U.S. automobile manufacturers to design one or more model accessible taxi vehicles and model accessible passenger cars. Establishes in the FTA an Accessible Taxi and For-Hire Transportation Board. Requires states to develop a strategic plan to increase the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for-hire transportation options for people with disabilities. Directs the Administrator, in collaboration with the U.S. Access Board, to promulgate accessibility and service standards for accessible taxi vehicles and accessible vehicles for hire to ensure that they are fully accessible to, and usable by, passengers with disabilities. Amends the Internal Revenue Code to allow a tax credit for expenditures incurred by a small business that is a qualified taxi company in purchasing or adapting a vehicle for use as an accessible taxi vehicle.

113 S2887 IS: Accessible Transportation for All Act U.S. Senate 2014-09-18 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. 2887 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Harkin Committee on Finance A BILL To expand access to transportation services for individuals with disabilities. 1. Short title This Act may be cited as the Accessible Transportation for All Act 2. Definitions In this Act: (1) Accessible vehicle for hire The term accessible vehicle for hire (A) is designed to enable persons who use wheelchairs or other mobility devices to be transported, and to remain in their wheelchairs or other mobility devices if they so choose; and (B) affords independent access for people with disabilities to all in-vehicle functions generally available to other passengers in such vehicles, including credit card payment devices. (2) Accessible passenger car The term accessible passenger car (A) to independently enter and exit the car via a ramp, lift, or similar device that permits access to the driver’s seat, while remaining in a manual wheelchair, power wheelchair, or other mobility device; (B) to safely store a wheelchair or other mobility device in the car, if desired; and (C) to independently operate the car, including through using hand controls or other optional modifications. (3) Accessible taxi vehicle The term accessible taxi vehicle (4) Administration The term Administration (5) Administrator The term Administrator (6) Discriminatory terms or conditions The term discriminatory terms or conditions (A) denial of participation (as described in section 302(b)(1)(A)(i) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182(b)(1)(A)(i) (B) participation in an unequal benefit (as described in section 302(b)(1)(A)(ii) of such Act); (C) the imposition or application of eligibility criteria described in section 302(b)(2)(A)(i) of such Act; (D) a failure to make reasonable accommodations in policies, practices, or procedures (as described in section 302(b)(2)(A)(ii) of such Act); (E) imposing a surcharge for the use of an accessible taxi or an accessible for-hire vehicle by a person with a disability; and (F) failing to permit an individual with a disability with his service animal. (7) For hire transportation company The term for hire transportation company (8) Passenger car The term passenger car passenger automobile section 32901(a) (9) Secretary The term Secretary (10) Transportation network company The term transportation network company (11) Transportation network operator The term transportation network operator (A) owned or leased by the individual; (B) not licensed as a taxi or other public vehicle for hire; and (C) used to provide services through a transportation network or transportation network company. 3. Accessibility and nondiscrimination (a) Adequate provision of accessible vehicles Any person who owns, leases, operates, or arranges for the operation of transportation services to members of the public through a for hire transportation company, taxi service, or transportation network company shall provide, or arrange for, the adequate provision of accessible vehicles for hire to serve individuals with disabilities who require such services. (b) Rights of disabled individuals An individual with a disability may not, as a result of such disability— (1) be denied full and equal access to appropriate and usable transportation by a person providing transportation services, including services— (A) through a transportation network company; (B) through a for hire transportation company; (C) through a taxi service; or (D) by a driver, owner, or operator of a taxi vehicle; or (2) be subject to discriminatory terms or conditions by any person who owns, leases, or operates a transportation vehicle, or arranges for such transportation services, to members of the public, including the services set forth in subparagraphs (A) through (D) of paragraph (1). (c) Applicable remedies and procedures The remedies and procedures set forth in sections 308(a) and 505 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a) 4. Model accessible taxi competition (a) In general (1) Competition authorized Not later than 180 days after the date of the enactment of this Act, the Administrator shall organize a national competition to design 1 or more model accessible taxi vehicles. (2) Purpose The purpose of the competition under this section shall be to develop 1 or more designs for an accessible taxi vehicle which, without additional modification, can be manufactured for an amount not to exceed the sum of the average manufacturing cost of a minivan that is generally available for purchase by consumers in the United States. (b) Eligible competitors Any automobile manufacturer that manufactures vehicles for sale in the United States may submit a proposal for the competition authorized under this section, regardless of size. (c) Guidelines (1) In general The Administration shall establish guidelines for the competition authorized under this section in accordance with paragraphs (2) through (5). (2) Cost A proposal may not be selected for a cash prize under subsection (d) unless the Administrator determines that the cost for manufacturing the proposed accessible taxi vehicle does not exceed the average manufacturing cost of a minivan that is generally available for purchase by consumers in the United States. (3) Collaboration requirement Each proposal submitted under this section shall represent designs collaboratively developed by— (A) an eligible automobile manufacturer; and (B) at least 1 national organization serving people with disabilities. (4) Adoptability Proposals submitted under this section shall be judged on whether the design for an accessible taxi vehicle represents a design that a local taxi commission could realistically adopt. The Administrator shall encourage competitors to seek feedback on their designs from members of a local taxi commission before such submission. (5) Vehicle attributes Each proposal submitted under this section shall describe the specifications of the proposed accessible taxi vehicle, including— (A) accessibility features and the extent to which such features allow for the full inclusion of individuals with various disabilities; (B) estimated highway and city fuel economy; (C) the cost of the vehicle; (D) the extent to which the vehicle provides adequate space for passengers and any mobility devices, including wheelchairs; (E) the relative comfort provided for passengers with disabilities and others; and (F) available luggage or storage space. (d) Selection The Administrator shall convene a selection panel to select the winning proposals for the competition that includes representatives from the taxi industry, the for-hire transportation industry, and the disability community. (e) Payment (1) In general The Administrator shall award automobile manufacturers that are selected pursuant to subsection (d) with cash prizes in an amount to be determined by the Administrator. (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 5. Model accessible passenger car competition (a) In general (1) Competition authorized Not later than 180 days after the date of the enactment of this Act, the Administrator shall organize a national competition to design 1 or more model accessible passenger cars. (2) Purpose The purpose of the competition under this section shall be to develop 1 or more designs for an accessible passenger car which, without additional modification— (A) can be manufactured for an amount not to exceed 75 percent of the average manufacturing cost of a passenger car that is available for purchase by consumers in the United States; and (B) can be sold to the public for an amount not to exceed 75 percent of the average sale price of a new passenger car that is available for purchase by consumers in the United States. (b) Eligible competitors Any automobile manufacturer that manufactures passenger cars for sale in the United States may submit a proposal for the competition authorized under this section, regardless of size. (c) Guidelines (1) In general The Administrator shall establish guidelines for the competition authorized under this section in accordance with paragraphs (2) through (5). (2) Cost A proposal may not be selected for a cash prize under subsection (d) unless the Administrator determines that— (A) the cost for manufacturing the proposed accessible passenger car does not exceed 75 percent of the average manufacturing cost of a passenger car that is generally available for purchase by consumers in the United States; and (B) the sale price of the proposed accessible passenger car will not to exceed 75 percent of the average sale price of a new passenger car that is available for purchase by consumers in the United States. (3) Collaboration requirement Each proposal submitted under this section shall represent designs collaboratively developed by— (A) an eligible automobile manufacturer; (B) a postsecondary school of design; and (C) at least 1 national organization serving people with disabilities. (4) Standards Proposals submitted under this section shall meet the general requirements set by the Department of Transportation for all passenger cars available for purchase in the United States. (5) Vehicle attributes Each proposal submitted under this section shall describe the specifications of the proposed accessible passenger car, including— (A) the extent to which the car meets the requirements of an accessible passenger car set forth in subsection (a)(2); (B) estimated highway and city fuel economy; (C) the cost of the vehicle; (D) the extent to which the vehicle provides adequate space for using and storing mobility devices, including wheelchairs; (E) whether the car includes hand controls, either as standard equipment or as an option available from the manufacturer; (F) the ease and comfort with which drivers with disabilities can enter and exit the car; (G) the ease with which drivers with disabilities can reach and utilize car controls; (H) the ease of making additional modifications to the car, if necessary; and (I) available luggage or storage space. (d) Selection The Administrator shall convene a selection panel to select the winning proposals for the competition that includes representatives from the automobile industry and the disability community. (e) Payment (1) In general The Administrator shall award cash prizes, in an amount to be determined by the Administrator, to the automobile manufacturers, postsecondary schools of design, and disability organizations that collaborated on a design that was selected under subsection (d). (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 6. Accessible Taxi and For-Hire Transportation Board (a) Establishment Chapter 1 of subtitle I of title 49, United States Code, is amended by adding at the end the following: 116. Accessible Taxi and For-Hire Transportation Board (a) In general There is established in the Administration an Accessible Taxi and For-Hire Transportation Board (referred to in this section as the Board (b) Membership The Board shall be composed of 9 members, who shall be appointed as follows: (1) Public members (A) In general The Secretary of Transportation shall appoint 5 people with disabilities to the Board, including— (i) at least 1 person who uses a wheelchair for mobility; (ii) at least 1 person who is deaf or hard of hearing; (iii) at least 1 person who is blind or visually impaired; and (iv) at least 1 person with an intellectual disability or a developmental disability. (B) Term Each public member appointed under this paragraph shall be appointed for a 2-year term. (2) Administration representatives The Administrator shall designate 2 officials of the Administration to represent the Administration on the Board. (3) Taxi industry members The Secretary shall appoint 2 members from the taxi and for-hire transportation industry to the Board. (c) Chairperson The Secretary shall designate a Chairperson of the Board from among the appointed public members of the Board. (d) Meetings The Board shall meet at the call of the Chairperson, but not less frequently than 4 times per year. (e) Duties The Board shall conduct activities to increase the availability of accessible taxis and other for-hire vehicles, including— (1) coordinating with the Federal Transit Administration to provide information and technical assistance to local municipalities, taxi commissions, and for hire transportation companies (as defined in section 2 of the Accessible Transportation for All Act (A) to increase the availability of accessible taxi vehicles and accessible vehicles for hire; and (B) to facilitate improvements to access to taxis and other accessible for-hire transportation options for people with disabilities; and (2) submitting an annual report to the Secretary that includes studies, findings, conclusions, and recommendations about the availability of accessible taxi vehicles and accessible vehicles for hire throughout the Nation, including— (A) the number of accessible taxi vehicles and accessible vehicles for hire in the various States and localities, including in the 25 most populated cities in the United States; (B) improvements, increases, or changes in the availability of accessible taxi vehicles and accessible vehicles for hire to access to taxis and other for-hire transportation in the States, localities, and cities referred to in subparagraph (A); (C) any State or local policies, ordinances, regulations, or statutes that led to the increases or changes referred to in subparagraph (B); (D) barriers to further increases in the availability of accessible taxi vehicles and accessible vehicles for hire; and (E) recommendations about how best to address the barriers described in subparagraph (D). (f) Personnel matters (1) Travel expenses The members of the Board may not receive compensation for the performance of services for the Board, but 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 section 1342 (2) Staff The Secretary may designate such personnel as may be necessary to enable the Board to perform its duties. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Facilities, equipment, and services The Secretary shall make available to the Board necessary office space and furnish the Board, under such arrangements respecting financing as may be appropriate, with necessary equipment, supplies, and services. . (b) Clerical amendment The table of sections in chapter 1 116. Accessible Taxi and For-Hire Transportation Board. . 7. State strategic plans for improving access to taxis and for-hire transportation (a) In general Not later than the last day of the first calendar year beginning after the date of the enactment of this Act, each State shall develop a strategic plan that describes ways to increase the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for-hire transportation options for people with disabilities in the State. (b) Best practices Each strategic plan developed under this section shall describe— (1) current best practices, if any, for increasing the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for hire transportation options for people with disabilities within local municipalities in the State; and (2) any policies, ordinances, or regulations adopted by municipalities to achieve the highest possible standard for accessibility and lowest possible cost for accessible taxi vehicles and accessible vehicle for hire. (c) Goals and objectives Each strategic plan developed under this section— (1) shall outline long-term goals and specific objectives for increasing the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for hire transportation options for people with disabilities; (2) shall consider options, including incentives, to help reduce the cost of implementing an increase in the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for hire transportation options for people with disabilities in the State; and (3) may examine how to reduce costs through the use of low-cost model taxis and other means. (d) Collaboration Each strategic plan developed under this section— (1) set yearly goals for the number and availability of accessible taxi vehicles and accessible vehicles for hire throughout the State; (2) describe how the State will meet the goals referred to in paragraph (1); (3) describe how the State will encourage interstate and intrastate collaboration to increase the availability of accessible taxi vehicles, accessible vehicles for hire, and other accessible for hire transportation options for people with disabilities through collaboration— (A) among municipalities; (B) between municipalities and the State; and (C) between municipalities and private industry. (e) Distribution (1) Submission Not later than April 1st of each year, each State shall submit the strategic plan developed under this section to the Secretary. (2) Review The Secretary shall review each State plan submitted under paragraph (1). Following each such review, the Secretary shall post the State strategic plan on a publicly available website to facilitate collaboration and to share information and best practices. 8. Accessibility and service standards for accessible taxi vehicles and accessible vehicles for hire (a) In general Not later than 18 months after the date of the enactment of this Act, the Administrator, in collaboration and consultation with the Access Board established under section 502 of the Rehabilitation Act ( 29 U.S.C. 792 (1) accessibility standards for accessible taxi vehicles and accessible vehicles for hire; and (2) service standards for vehicles referred to in paragraph (1). (b) Accessibility standards Accessibility standards for accessible taxi vehicles and accessible vehicles for hire promulgated under this section shall ensure that such vehicles are fully accessible to, and usable by, passengers with disabilities, including individuals that use wheelchairs or other mobility devices. (c) Service standards Service standards for accessible taxi vehicles and accessible vehicles for hire promulgated under this section shall, at a minimum, ensure that such vehicles— (1) are readily available in a manner (including wait times) that is comparable to other, nonaccessible taxi vehicles or nonaccessible vehicles for hire in the area being served; (2) can be requested using a variety of technological methods or systems; and (3) are operated by individuals who are trained in properly loading, unloading, securing, and transporting individuals with disabilities. 9. Tax credit for expenditures for accessible taxi vehicles (a) In general Subsection (c) section 44 (1) in paragraph (1)— (A) by striking paid or incurred by an eligible small business (A) by an eligible small business ; (B) by striking section). section), and (C) by inserting at the end the following: (B) by an eligible small business which is a qualified taxi company for the purpose of purchasing or adapting a vehicle for use as an accessible taxi vehicle that meets the guidelines established under section 8 of the Accessible Transportation for All Act ; and (2) by adding at the end the following: (6) Definitions (A) In general Any term used in paragraph (1)(B), which is defined in section 2 of the Accessible Transportation for All Act (B) Qualified taxi company The term qualified taxi company . (b) Effective date The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act.

Accessible Transportation for All Act

Exercise and Fitness For All Act - Directs the Access Board to develop and publish guidelines for exercise or fitness service providers to provide accessible exercise or fitness equipment, including relevant personnel training. Requires such guidelines to ensure that exercise or fitness equipment is accessible to, and usable by, individuals with disabilities. Amends the Internal Revenue Code to allow eligible small businesses a tax credit for providing accessible exercise or fitness equipment for use by individuals with disabilities.

113 S2888 IS: Exercise and Fitness For All Act U.S. Senate 2014-09-18 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. 2888 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Harkin Committee on Finance A BILL To promote the provision of exercise and fitness equipment that is accessible to individuals with disabilities. 1. Short title This Act may be cited as the Exercise and Fitness For All Act 2. Findings and purpose (a) Findings Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2008 Physical Activity Guidelines for Americans (referred to as the Guidelines (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle-strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Unfortunately, many individuals with disabilities are unable to engage in the recommended exercise or fitness activities due to the inaccessibility of exercise or fitness equipment. (6) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (b) Purpose The purposes of this Act are— (1) to encourage exercise and fitness service providers to provide accessible exercise and fitness equipment for individuals with disabilities; and (2) to provide guidance about the requirements necessary to ensure that such exercise and fitness equipment is accessible to, and usable by, individuals with disabilities. 3. Definitions In this Act: (1) Access Board The term Access Board 29 U.S.C. 792 (2) Accessible exercise or fitness equipment The term accessible exercise or fitness equipment (3) Exercise or fitness equipment The term exercise or fitness equipment (4) Exercise or fitness service provider The term exercise or fitness service provider (A) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 42 U.S.C. 12131 (B) provides exercise or fitness equipment for the use of its patrons. (5) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (6) Individuals with disabilities The term individuals with disabilities 4. Exercise and fitness accessibility guidelines (a) Establishment of guidelines Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment, including relevant personnel training. (b) Contents of guidelines The guidelines described in subsection (a) shall— (1) be consistent with the Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments of the American Society for Testing and Materials (ASTM F3021–13) (and any future revisions thereto); (2) ensure that— (A) exercise or fitness equipment is accessible to, and usable by, individuals with disabilities; and (B) individuals with disabilities have independent entry to, use of, and exit from the exercise or fitness equipment, to the maximum extent possible; and (3) take into consideration the following: (A) Whether the exercise or fitness service provider is a new or existing facility. (B) Whether the exercise or fitness service provider is staffed or not. (C) Instruction and additional assistance on the use of the accessible exercise or fitness equipment (including specific accessibility features) for individuals with disabilities. (D) The size and overall financial resources of the exercise or fitness service provider. (E) The availability of closed captioning of video programing displayed on equipment and televisions provided by an exercise or fitness service provider. (c) Review and amendment The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. 5. Tax credit for expenditures to provide accessible exercise or fitness equipment (a) In general Paragraph (1) of section 44(c) (1) by striking paid or incurred by an eligible small business paid or incurred— (A) by an eligible small business , (2) by striking section). section), and (3) by inserting at the end the following: (B) by an eligible small business which is an exercise or fitness service provider for the purpose of providing for use by individuals with disabilities accessible exercise or fitness equipment that meets the guidelines established by the Access Board under section 4 of the Exercise and Fitness for All Act. Any term used in subparagraph (B) which is defined in section 3 of the Exercise and Fitness for All Act shall have the meaning given such term in such section, as in effect on the date of the enactment of such subparagraph. . (b) Effective date The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act.

Exercise and Fitness For All Act

Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design.

113 S2889 IS: Universal Home Design Act of 2014 U.S. Senate 2014-09-18 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. 2889 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Harkin Committee on Banking, Housing, and Urban Affairs A BILL To require compliance with established universal home design guidelines, and for other purposes. 1. Short title This Act may be cited as the Universal Home Design Act of 2014 2. Definitions In this Act: (1) Accessible The term accessible (A) consistent with— (i) subpart D of part 36 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) appendices B and D to part 1191 of title 36, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) independently usable by individuals with disabilities, including those who use a mobility device such as a wheelchair. (2) Access board The term Access Board 29 U.S.C. 792 (3) Covered dwelling unit The term covered dwelling unit (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground-floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) (i) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by a person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; (ii) is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; or (iii) is offered for purchase by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; and (D) is made available for first occupancy after the expiration of the 30-month period beginning on the date of the enactment of this Act. (4) Department The term Department (5) Federal financial assistance The term Federal financial assistance (A) any assistance that is provided or otherwise made available by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, insurance, guarantee, contract, or any other arrangement, after the expiration of the 1-year period beginning on the date of the enactment of this Act, including— (i) a grant, subsidy, or any other funds; (ii) real or personal property or any interest in or use of such property, including— (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iii) any tax credit, mortgage or loan guarantee, or insurance; and (iv) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. (6) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (7) Individuals with disabilities The term individuals with disabilities (8) Person or entity The term person or entity (9) Secretary The term Secretary (10) Universal home design The term universal home design 3. Establishment of universal home design guidelines (a) In general Not later than 18 months after the date of enactment of this Act, the Access Board, in consultation with the Secretary, shall develop and issue guidelines setting forth the minimum technical criteria and scoping requirements for a covered dwelling unit to be in compliance with universal home design under this Act. (b) Universal home design features covered The guidelines required to be developed and issued under subsection (a) shall include, at a minimum, basic access to a covered dwelling unit and to not less than 1 level within such covered dwelling unit, including— (1) an accessible entrance located on an accessible path from the public street or driveway; (2) accessible interior doors with sufficient clear width and accessible thresholds; (3) accessible environmental controls on the wall; (4) at least 1 accessible indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than 7 feet; (5) an accessible bathroom with— (A) an accessible sink and toilet; and (B) reinforced walls that permit the installation of grab bars; and (6) a kitchen space— (A) with accessible food preparation, washing, and storage areas; and (B) that can easily be further adapted to accommodate an individual with a disability. (c) Regulations Not later than 6 months after the date on which the guidelines are issued under subsection (a), the Secretary shall issue regulations, in an accessible format— (1) to carry out the provisions of this Act; and (2) that include accessibility standards that are consistent with the guidelines issued under subsection (a). (d) Review and amendment (1) Access Board The Access Board, in consultation with the Secretary, shall— (A) periodically review and, as appropriate, amend the guidelines issued under subsection (a); and (B) issue such amended guidelines as revised guidelines. (2) Secretary Not later than 6 months after the date on which revised guidelines are issued under paragraph (1)(B), the Secretary shall issue revised regulations that are consistent with such revised guidelines. 4. Use of universal home design guidelines in new construction It shall be unlawful for any person described in clauses (i), (ii), and (iii) of section 2(3)(C), with respect to a covered dwelling unit, to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section 3. 5. Enforcement (a) Requirement for Federal financial assistance Each applicant for Federal financial assistance that is to be used for a covered dwelling unit shall submit to the agency providing such Federal financial assistance an assurance, at such time and in such manner as the head of the agency may require, verifying that the applicant is in compliance with the universal home design guidelines established under section 3 with respect to the covered dwelling unit. (b) Civil action for private persons Any person aggrieved by an act or omission that is unlawful under section 3 or 4 may commence a civil action in an appropriate United States district court against any person or entity responsible for any part of the design, construction, or sale of a covered dwelling unit. (c) Enforcement by Attorney General Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated section 3 or 4, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (b) by a private person if the Attorney General certifies that the case is of general public importance. (d) Relief In any civil action brought under subsection (b) or (c), if the court finds that a violation of section 3 or 4 of this Act has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating section 3 or 4 of this Act or ordering such affirmative action as may be appropriate). (e) Attorney's fees In any civil action brought under subsection (b) or (c), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (f) Violations For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section 3 shall not be considered to terminate until the violation is corrected. 6. Office of Accessible Housing and Development (a) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish in the Department an Office of Accessible Housing and Development. (b) Director The Office of Accessible Housing and Development shall be headed by a Director of Accessible Housing and Development, who shall be— (1) appointed by the Secretary; (2) an individual with substantial knowledge of individuals with disabilities and universal design; and (3) responsible for implementing the responsibilities described in subsection (c). (c) Responsibilities (1) Information dissemination The Office of Accessible Housing and Development shall disseminate information to inform the public about the importance of universal home design by— (A) sharing information and resources about the requirements under this Act, the Fair Housing Act (42 U.S.C. 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act ( 42 U.S.C. 12101 et seq. (B) creating a website in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate the dissemination of information and resources under subparagraph (A). (2) Surveying the availability of affordable and accessible housing Not later than 180 days after the date of enactment of this Act, the Office of Accessible Housing and Development shall conduct a study and submit to the Secretary a report on the number of covered dwelling units and other housing units that are accessible to individuals with disabilities in each State, disaggregated by type of housing, cost, and location. (3) Promoting universal home design The Office of Accessible Housing and Development shall— (A) help monitor progress and compliance with the universal home design guidelines established under section 3; (B) submit to the Secretary an annual report detailing compliance with the universal home design guidelines established under section 3, including the number of covered dwelling units that were built in each State that were in compliance with such guidelines; (C) coordinate with, and provide technical assistance to, the Department of Justice to assist in the enforcement of this Act; and (D) perform any other duties as the Secretary may determine appropriate. 7. Severability If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Universal Home Design Act of 2014

Digital Coast Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA) to establish a constituent-driven Digital Coast program. (This program currently exists under NOAA to provide data, tools, and training that communities use to manage their coastal resources.) Directs the program to: (1) provide an online resource that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs and to enhance resilient communities, ecosystem values, and coastal economic growth and development; and (2) provide for the documentation, dissemination, and archiving of the data. Requires NOAA to focus on filling data needs and gaps for critical coastal management issues, support continued improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, and enter into financial agreements to carry out the program.

113 S2890 IS: Digital Coast Act of 2014 U.S. Senate 2014-09-18 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. 2890 IN THE SENATE OF THE UNITED STATES September 18, 2014 Ms. Baldwin Ms. Mikulski Ms. Cantwell Mr. King Mr. Whitehouse Mrs. Shaheen Mr. Begich Ms. Hirono Mr. Reed Committee on Commerce, Science, and Transportation A BILL To authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to establish a constituent-driven program that develops an information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices, and coordinates the collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. 1. Short title This Act may be cited as the Digital Coast Act of 2014 2. Findings Congress makes the following findings: (1) The Digital Coast is a model approach for effective Federal partnerships with State and local government, nongovernmental organizations, and the private sector. (2) Access to current, accurate, uniform, and standards-based geospatial information, tools, and training to characterize the United States coastal region is critical for public safety and for the environment, infrastructure, and economy of the United States. (3) More than half of all people of the United States (153,000,000) currently live on or near a coast and an additional 12,000,000 are expected in the next decade. (4) Coastal counties in the United States average 300 persons per square mile, compared with the national average of 98. (5) On a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population. (6) Over half of the economic productivity of the United States is located within coastal regions. (7) Highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for— (A) flood and coastal storm surge prediction; (B) hazard risk and vulnerability assessment; (C) emergency response and recovery planning; (D) community resilience to longer range climate change impacts; (E) permitting and zoning decisionmaking; (F) habitat and ecosystem health assessments; and (G) landscape change detection. 3. Definitions In this Act: (1) Coastal region The term coastal region (2) Coastal State The term coastal State (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within the designated coastal zone of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (3) Digital Coast The term Digital Coast (4) Federal Geographic Data Committee The term Federal Geographic Data Committee (5) Remote sensing and other geospatial The term remote sensing and other geospatial (6) Secretary The term Secretary 4. Building the digital coast (a) In general The Secretary shall establish Digital Coast as a program that provides data integration, tool development, training, documentation, dissemination, and archive by— (1) making data and resulting integrated products developed under this section readily accessible via the Digital Coast Internet website of the National Oceanic and Atmospheric Administration, the GeoPlatform.gov and data.gov Internet websites, and such other Internet technologies as the Secretary considers appropriate; (2) developing decision-support tools that use and display resulting integrated data and provide training on use of such tools; (3) documenting such data to Federal Geographic Data Committee standards; and (4) archiving all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or such other Federal data center as the Secretary considers appropriate. (b) Coordination The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data collection, sharing and integration, and to minimize duplication by— (1) consulting with coastal managers and decisionmakers concerning coastal issues, and sharing information and best practices, as the Secretary considers appropriate, with— (A) coastal States; (B) local governments; and (C) representatives of nongovernmental entities; (2) consulting with other Federal agencies on relevant Federal activities, including activities carried out under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. (3) participating, pursuant to section 216 of the E-Government Act of 2002 ( Public Law 107–347 (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; and (4) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906 of April 14, 1994 (59 Fed. Reg. 17671), as amended by Executive Order 13286 of March 5, 2003 (68 Fed. Reg. 10619). (c) Filling needs and gaps In carrying out this section, the Secretary shall— (1) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; (2) focus on filling data needs and gaps for critical coastal management issues; (3) pursuant to the Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3501 et seq. (A) coastal elevation data; (B) land use and land cover data; (C) socioeconomic and human use data; (D) critical infrastructure data; (E) structures data; (F) living resources and habitat data; (G) cadastral data; and (H) aerial imagery; (4) integrate the priority supporting data set forth under paragraph (3) with other available data for the benefit of the broadest measure of coastal resource management constituents and applications; (5) enter into financial agreements to carry out this Act, including— (A) program support to non-Federal entities that participate in implementing this Act; (B) financial agreements, including grants, cooperative agreements, interagency agreements, and contracts, or any other agreement on a reimbursable or non-reimbursable basis, with other Federal, tribal, State, and local governmental and nongovernmental entities; and (C) registration fees in support of training, workshops, and conferences that advance the purposes of this Act; and (6) enter into such contracts with private sector entities for such products and services as the Secretary determines may be necessary to collect remote sensing and other geospatial data, which contracts shall be considered surveying and mapping chapter 11 5. Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section in each of fiscal years 2015 through 2020.

Digital Coast Act of 2014

Innovation in Surface Transportation Act of 2014 - Directs the Secretary of Transportation (DOT), in coordination with state transportation departments, to establish an innovation in surface transportation program. Requires states to make competitive grants for innovative surface transportation projects to eligible entities, including local governments, metropolitan planning organizations, regional transportation authorities, transit agencies, tribal governments, private providers of public transportation, nonprofit transportation organizations, port authorities, joint power authorities, freight rail providers, and local rail authorities. Requires each state (including the governor and state department of transportation) to establish an innovation in surface transportation selection panel to formulate criteria for selecting projects. Requires a state to reserve certain percentages of federal funds apportioned for the national highway performance, the highway safety improvement, the congestion mitigation and air quality improvement, surface transportation, and transportation alternatives programs in order to fund related projects under state innovative surface transportation grants. Authorizes a state to reserve a specified percentage of apportioned funds to meet rural local government requests to support development of project applications.

113 S2891 IS: Innovation in Surface Transportation Act of 2014 U.S. Senate 2014-09-18 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. 2891 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Booker Mr. Wicker Mr. Begich Mr. Cochran Mr. Casey Committee on Environment and Public Works A BILL To amend title 23, United States Code, to direct the Secretary of Transportation to establish an innovation in surface transportation program, and for other purposes. 1. Short title This Act may be cited as the Innovation in Surface Transportation Act of 2014 2. Innovation in surface transportation program (a) In general Chapter 1 section 104 105. Innovation in surface transportation program (a) Purposes The purposes of this section are— (1) to increase the return on investment in the surface transportation system of the United States; (2) to make the surface transportation system of the United States more reliable, safe, and efficient by advancing innovative projects selected through State competitions; (3) to increase input from local government and stakeholders on projects receiving funding; and (4) to leverage Federal highway dollars further through in-State competitions. (b) Definitions In this section: (1) Eligible entity The term eligible entity (A) a local government; (B) a metropolitan planning organization; (C) a regional transportation authority; (D) a transit agency; (E) a tribal government; (F) a private provider of public transportation; (G) a nonprofit transportation organization; (H) a port authority; (I) a joint power authority; (J) a freight rail provider; and (K) a local rail authority. (2) Eligible project The term eligible project (A) a project eligible under— (i) section 133(b), relating to the surface transportation program; (ii) section 148, relating to the highway safety improvement program; (iii) section 149(b), relating to the congestion mitigation and air quality improvement program; or (iv) section 213(b), relating to the transportation alternatives program; and (B) a surface transportation project that will improve the movement of goods along a primary freight network, including multimodal facilities near a primary freight route. (3) Program The term program innovation in surface transportation program (4) Rural local government The term rural local government (5) State selection panel The term State selection panel (c) Establishment The Secretary, in coordination with State transportation departments, shall establish an innovation in surface transportation program in accordance with the requirements of this section. (d) Grants (1) In general A State shall make grants under this section to eligible entities for eligible projects to be carried out in the State using funds reserved by the State for a fiscal year under subsection (j)(1). (2) State competitions (A) In general For the purposes of making grants under this section, a State shall conduct a competition each fiscal year under which the State will accept grant applications submitted by eligible entities. (B) Competition dates A State shall conduct a competition under subparagraph (A)— (i) not later than 180 days after the date of enactment of the Innovation in Surface Transportation Act of 2014 (ii) not later than 30 days after the first day of each fiscal year beginning after the date of enactment of the Innovation in Surface Transportation Act of 2014 (3) Selection criteria (A) Establishment The State selection panel under subsection (e) shall establish and make available to the public the project selection criteria that will be used by the State in conducting competitions under paragraph (2). (B) Factors The project selection criteria of a State shall provide for the approval of project applications based on the extent to which the projects— (i) improve the safety for all users of the transportation network; (ii) strengthen the contribution of a national multimodal freight network to the economic competitiveness of the United States; (iii) promote multimodal connectivity; (iv) strengthen return on investment, particularly the impact on local economic development; (v) improve access to jobs and sources of labor, schools and opportunity; (vi) optimize the usage and efficiency through better design and operation of existing transportation facilities; (vii) improve the reliability of the transportation system of the United States; (viii) improve environmental performance of the transportation system; (ix) encourage innovation and the use of technology; and (x) further the purposes described in subsection (a). (C) Special consideration of certain factors In addition to the factors specified in subparagraph (B), the project selection criteria of a State shall provide that special consideration be given equally— (i) to projects that— (I) maximize the amount of proposed project costs that can be borne by the applicant from non-Federal sources; or (II) have prior significant Federal or non-Federal investment; and (ii) to projects in public jurisdictions with high poverty areas (as defined by the Census Bureau). (D) Funding distribution The project selection criteria of a State shall take into consideration the equitable distribution of funds by geography and population. (4) Special rule for private transportation providers An eligible entity that is a private transportation provider may submit a project application in a State competition conducted under paragraph (2) only if the application is sponsored by a public entity. (e) Innovation in surface transportation selection panel (1) In general A State (including the Governor and State Department of Transportation), in coordination with local transportation stakeholders, shall establish an innovation in surface transportation selection panel in accordance with this subsection. (2) Duties A State selection panel shall— (A) review project applications submitted to the State during a competition conducted under subsection (d)(2); and (B) approve and disapprove the project applications based on the criteria set forth in subsection (d)(3). (3) Membership A State selection panel shall be composed of the following members to be appointed by the State: (A) Not fewer than 3 individuals representing the transportation department of the State. (B) (i) Not fewer than 3 individuals representing local governments in the State, with at least 1 representative from each of— (I) a jurisdiction with a population of 50,000 individuals or fewer; (II) a jurisdiction with a population of more than 50,000 individuals and not more than 1,000,000 individuals; and (III) a jurisdiction with a population of more than 1,000,000 individuals, if applicable. (ii) If a State does not have a jurisdiction that meets the criteria of 1 of the subclauses of clause (i), the selection panel shall select a representative from a jurisdiction eligible under any of the other subclauses in order to secure the appropriate number of representatives pursuant to this subparagraph. (C) Not fewer than 3 individuals representing metropolitan planning organizations, councils of governments, rural planning organizations, and other joint powers authorities in the State charged with transportation responsibilities, including Indian tribes and tribal coalitions. (4) Additional members In addition to the members appointed under paragraph (3), a State selection panel shall be composed of members to be appointed by the State, in coordination with local transportation stakeholders, from among individuals representing— (A) local chambers of commerce, including transportation management organizations, travel and tourism boards, and other coalitions of employers and commerce; (B) local air quality boards or organizations supporting improved air quality; (C) State safety boards or local organizations supporting safety; (D) transit agencies; (E) port authorities, if applicable; (F) active transportation organizations; (G) public interest organizations; and (H) public health quality boards or local organizations supporting improving public health. (5) Distribution of representatives A State shall appoint members to the section panel of the State in a manner such that— (A) the number of members appointed under each of subparagraphs (A), (B), and (C) of paragraph (3) is equal; and (B) not less than 1 member, and not more than 9 members, appointed under paragraph (4) shall be described in each of subparagraphs (A), (B), (C), (D), (E) if applicable, (F), (G), and (H) of paragraph (4). (6) Geographic diversity The members of a State selection panel shall be geographically diverse, to the extent practicable. (7) Representation limitation Except for the representatives described in paragraphs (3)(A) and (3)(B), no entity may be represented on a State selection panel for more than 2 consecutive years if a comparable entity can also be represented on the panel. (8) Continuity A State shall appoint members to the selection panel of the State using a 2-tiered rotation process that ensures continuity of the panel by rotating the membership of the panel on a staggered basis. (f) Technical assistance for certain areas (1) Rural eligibility The State shall support development of project applications under this section if requested by an eligible rural local government. (2) Reservation of funds The State may reserve not more than 0.25 percent of the funds reserved for a fiscal year under subsection (j) to meet specific requests for support from eligible rural local governments. (g) Transparency Not later than 30 days after a State has selected projects for a fiscal year to receive funding under this section, the State shall make available, in a publically accessible medium that is easy to navigate— (1) the criteria and methodology used to select the projects; (2) a list of all the projects for which funding was requested, including, for each such project— (A) the total estimated project cost; (B) the amount of funding requested; and (C) the type of modal project; (3) a list of projects that were selected to receive funding under this section, including, for each such project— (A) the amount of funding requested; (B) the amount of funding granted; and (C) the source of the non-Federal share of cost of the project; and (4) the ranking and scoring of all projects for which funding was requested. (h) Reporting requirements (1) State reports Not later than 180 days after the last day of each fiscal year, a State shall submit to the Secretary a report that describes— (A) the information required under subsection (g); (B) the organizations that were represented on the selection panel of the State; (C) the portion of the funds available to the State for the program that have been obligated; and (D) the percentage of the funds available to the State for the program that were used for administrative expenses. (2) Biennial report to congress Not later than September 30, 2016, and biennially thereafter, the Secretary shall submit a consolidated report on the program, including a review of the State reports submitted pursuant to paragraph (1), to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Environment and Public Works of the Senate; and (D) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Availability The Secretary shall make the report submitted under paragraph (2) available on the public Internet website of the Department of Transportation. (i) Special rule for states with competitive and suballocated programs (1) In general The Secretary may permit a State to distribute funding described in subparagraph (A), (B), (C), (D), or (E) of subsection (j)(1) through the mechanisms described in paragraph (2) if the Secretary certifies that the State is distributing the funding in a manner that fulfills the purposes of this section. (2) Distribution mechanisms Distribution mechanisms that qualify under paragraph (1) include— (A) an open and competitive State program that is substantially similar to the requirements of this section; (B) direct suballocation to metropolitan areas of 40 percent of all funds— (i) apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); and (ii) allocated to the State under section 213(a)(1); (C) has a competitive State program and direct suballocation to metropolitan areas or direct recipients of funds under section 5307 (i) apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); or (ii) allocated to the State under section 133(d)(1)(B); and (D) a certification by the Secretary that the State is distributing grant funding in compliance with the requirements of this section or in a manner that is substantially similar to such requirements. (3) Publication in Federal register Before making a certification under paragraph (1), the Secretary shall— (A) publish in the Federal Register the intent of the Secretary to make the certification; (B) provide the public not fewer than 90 days to comment on the proposed certification; and (C) take into consideration any comments received during the comment period. (4) Letter to Congress At least 15 days before making a certification under paragraph (1), the Secretary shall submit a letter to the congressional committees referred to in subsection (h)(2) and the members of the congressional delegation of the State that includes— (A) a notification of the Secretary’s intent to make the certification; and (B) a justification for the proposed certification. (j) Funding (1) Reservation of funds On October 1 of each fiscal year, a State shall make the following reservations of funds: (A) National highway performance program The State shall reserve 10 percent of the amount apportioned to the State for the fiscal year under section 104(b)(1)— (i) for carrying out State competitions under this section; and (ii) for making grants under this section for eligible projects. (B) Highway safety improvement program The State shall reserve not less than 33 percent of the amount apportioned to the State for the fiscal year under section 104(b)(3) for making grants under this section for eligible projects that are projects described in section 148. (C) Congestion mitigation and air quality improvement program (i) In general The State shall reserve not less than 33 percent of the amount apportioned to the State for the fiscal year under section 104(b)(4), and unobligated balances for this section from the prior fiscal year for making grants under this section for eligible projects that are projects described in section 149(b). (ii) Nonattainment areas States with nonattainment areas (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) shall use amounts reserved under this paragraph for making grants under this section for eligible projects described in section 149(b) in those areas. (D) Surface transportation program The State shall reserve not less than 33 percent of the amount allocated to the State for the fiscal year under section 133(d)(1)(B) for making grants under this section for eligible projects. (E) Transportation alternatives program The State shall reserve 33 percent of the amount reserved by the State for the fiscal year under section 213(c)(1)(B) for making grants under this section for eligible projects that are projects described in section 213(b). (2) Special rule Any funds that a State directly suballocates to metropolitan areas or direct recipients of funds under section 5307 (3) Nonawarded funds (A) In general A State shall recompete the funds using the process under subsection (d)(2) for funds reserved under this subsection if— (i) any funds reserved by the State for a fiscal year under paragraph (1) have not been awarded by the State in grants under this section on or before the last day of the fiscal year; and (ii) any funds awarded in grants under this section remain unobligated by the grant recipient after the last day of the 3-year period beginning on the date on which the grant was awarded. (B) Redirection of funds Once a State has fulfilled the requirements of subparagraph (A), a State may redirect funds reserved under this subsection for sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4), and 213(a)(1) for funds that remain unobligated for an additional 3 fiscal years. . (b) Clerical amendment The analysis for chapter 1 105. Innovation in surface transportation program. .

Innovation in Surface Transportation Act of 2014

401(Kids) Education Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) eliminate after 2014 the income-based reduction of contributions to Coverdell education savings accounts, (2) increase the annual contribution limit for such accounts, (3) allow the use of such an account to pay home school expenses and the acquisition costs of a first-time homebuyer, and (4) allow tax-free rollovers of amounts in a Coverdell education savings account to a Roth individual retirement account (Roth IRA).

113 S2892 IS: 401(Kids) Education Savings Account Act of 2014 U.S. Senate 2014-09-18 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. 2892 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Kirk Mr. Vitter Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve and expand Coverdell education savings accounts. 1. Short title This Act may be cited as the 401(Kids) Education Savings Account Act of 2014 2. Elimination of income-based reduction in permitted contributions to Coverdell education savings accounts Paragraph (1) of section 530(c) to an account under this section to an account under this section in a taxable year beginning before January 1, 2015, 3. Increase in annual contribution limitation for Coverdell education savings accounts (a) In general Clause (iii) of section 530(b)(1)(A) $2,000 the dollar amount in effect under section 2503(b) (relating to exclusion from gifts) for the taxable year (b) Effective date The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2014. 4. Allowance of home school expenses as qualified education expenses for purposes of a Coverdell education savings account (a) In general Paragraph (3) of section 530(b) (C) Private school For purposes of this section, the term private school . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014. 5. Qualified distributions from a Coverdell education savings account for first home purchases (a) In general Paragraph (1) of section 530(b) of the Internal Revenue Code of 1986 is amended by striking qualified education expenses qualified expenses (b) Qualified expenses Subsection (b) of section 530 of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively, and by inserting after paragraph (1) the following new paragraphs: (2) Qualified expenses The term qualified expenses (A) qualified first-time homebuyer expenses, and (B) qualified education expenses. (3) Qualified first-time homebuyer expenses (A) In general The term qualified first-time homebuyer expenses (B) Definitions The terms first-time homebuyer qualified acquisition costs principal residence . (c) Conforming amendments (1) Paragraph (4)(A)(ii) of section 530(b) of the Internal Revenue Code of 1986, as redesignated by subsection (b), is amended by striking as defined in paragraph (3) as defined in paragraph (5) (2) Subparagraphs (A), (B), and (D) of section 530(d)(1) of such Code are each amended by striking qualified education expenses qualified expenses (3) The heading of paragraph (2) of section 530(d) of such Code is amended by striking education expenses expenses (4) The heading of paragraph (4) of section 530(d) of such Code is amended by striking educational expenses expenses (5) Subclause (I) of section 529(c)(3)(B)(vi) of such Code is amended by striking to which clauses (i) and (ii) and section 530(d)(2)(A) apply for qualified higher education expenses to which clauses (i) and (ii) apply and for qualified education expenses to which section 530(d)(2)(A) applies (6) Clause (vi) of section 529(c)(3)(B) of such Code is amended by striking and section 530(d)(2)(A). and the amount of the exclusion with respect to qualified education expenses under section 530(d)(2)(A). (d) Effective date The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2014. 6. Qualified rollover contributions from Coverdell education savings accounts to Roth IRAs (a) In general Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986 is amended by inserting , or into a Roth IRA of the beneficiary as of such date (b) Conforming amendment; technical correction Paragraph (1) of section 408A(e) of the Internal Revenue Code of 1986 is amended to read as follows: (1) In general The term qualified rollover contribution (A) such rollover contribution meets the requirements of section 408(d)(3), (B) in the case of a rollover contribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), such contribution meets the requirements of section 402(c), 403(b)(8), or 457(e)(16), whichever is applicable, and (C) in the case of a rollover contribution from a Coverdell education savings account, such contribution meets the requirements of section 530(d)(5). For purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a Roth IRA) to a Roth IRA. . (c) Effective date The amendments made by this section shall apply to rollover contributions made in taxable years beginning after December 31, 2014.

401(Kids) Education Savings Account Act of 2014

Workforce Residential Housing Act of 2014 - Amends the National Housing Act to except from the prohibition against the use of houses built with federally insured mortgages for transient or hotel housing certain mulifamily housing that is a short-term residential property, provided that the Secretary of Housing and Urban Development (HUD) has determined that the provision of such insurance is appropriate. Defines "short-term residential property" as multifamily housing that: has more than 50 dwelling units, each of which contains a kitchen and bathroom facilities; provides mailboxes for each unit; rents the units for a minimum stay of seven days; and does not provide food or beverage services, daily maid services, furnishing and laundering of linen without charge, or bellhop services. Directs the Secretary to: (1) evaluate the risk of providing mortgage insurance for short-term residential properties, and (2) report to Congress on whether any additional risk to the General Insurance Fund resulting from the provision of mortgage insurance for such properties is appropriate.

113 S2893 IS: Workforce Residential Housing Act of 2014 U.S. Senate 2014-09-18 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. 2893 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Moran Ms. Heitkamp Committee on Banking, Housing, and Urban Affairs A BILL To authorize the use of multifamily housing subject to a mortgage insured under section 207 of the National Housing Act as short-term residential housing. 1. Short title This Act may be cited as the Workforce Residential Housing Act of 2014 2. Short-term residential housing (a) In general Section 513 of the National Housing Act ( 12 U.S.C. 1731b (1) in subsection (b)— (A) in clause (1), by striking or (B) by inserting before the period at the end the following: , or (3) the project is a short-term residential property (as such term is defined in subsection (e) of this section) and is subject to a mortgage insured under section 207 (12 U.S.C. 1713), provided that the Secretary has made a determination pursuant to the study and report required under section 2(b) of the Workforce Residential Housing Act of 2014 (2) in subsection (e)— (A) in clause (1), by striking and (B) by inserting before the period at the end the following: , and (3) the term short-term residential property (b) Study (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Housing and Urban Development shall— (A) conduct and complete a study evaluating the risk of the provision of insurance under section 207 of the National Housing Act (12 U.S.C. 1713) for short-term residential properties; and (B) submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, which shall include— (i) the findings of the study required under subparagraph (A); and (ii) a determination as to whether any additional risk presented to the General Insurance Fund resulting from the provision of insurance under section 207 of the National Housing Act ( 12 U.S.C. 1713 (2) Contents of study In conducting the study required under paragraph (1)(A), the Secretary of Housing and Urban Development shall— (A) evaluate whether the provision of insurance under section 207 of the National Housing Act (12 U.S.C. 1713) for short-term residential properties presents any additional risk to the General Insurance Fund; and (B) consider any additional operational and logistical costs associated with providing such insurance. (3) Definitions In this subsection— (A) the term General Insurance Fund 12 U.S.C. 1735c (B) the term short-term residential properties

Workforce Residential Housing Act of 2014

Pay What You Owe Before You Go Act - Amends the Internal Revenue Code to require the recapture in subpart F income (i.e., income of a controlled foreign corporation earned outside the United States which is not tax deferred) the accumulated deferred foreign income of such corporation (i.e., the undistributed earnings of the controlled foreign corporation over its undistributed U.S. earnings) for its last taxable year.

113 S2895 IS: Pay What You Owe Before You Go Act U.S. Senate 2014-09-18 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. 2895 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Brown Mr. Durbin Committee on Finance A BILL To amend the Internal Revenue Code to include in income the unrepatriated earnings of groups that include an inverted corporation. 1. Short title This Act may be cited as the Pay What You Owe Before You Go Act 2. Recapture of unrepatriated earnings of groups including an inverted corporation (a) In general Section 7874 (g) Recapture of tax on unrepatriated earnings (1) In general The subpart F income of any applicable controlled foreign corporation for its last taxable year ending before the acquisition date shall be increased by the accumulated deferred foreign income of the corporation. (2) Applicable controlled foreign corporation For purposes of this subsection— (A) In general The term applicable controlled foreign corporation (i) a covered entity was a United States shareholder at any time during the 5-year period ending on the acquisition date, or (ii) a member of the same expanded affiliated group as a covered entity was a United States shareholder at any time during the 5-year period ending on the acquisition date. (B) Covered entity The term covered entity (i) is treated as a surrogate foreign corporation under subsection (a)(2)(B), determined— (I) by substituting September 18, 2014 March 4, 2003 (II) by substituting more than 50 percent at least 60 percent (III) by disregarding clause (iii) thereof, and (ii) is not treated as a domestic corporation by reason of subsection (b). (3) Accumulated deferred foreign income For purposes of this section— (A) In general The term accumulated deferred foreign income (i) the undistributed earnings of the controlled foreign corporation, over (ii) the undistributed U.S. earnings of such controlled foreign corporation. (B) Undistributed earnings The term undistributed earnings (i) as of the close of the taxable year described in paragraph (1), (ii) without diminution by reason of distributions made during such taxable year, and (iii) without regard to this subsection. For purposes of this chapter, any determination with respect to the treatment of distributions described in clause (ii) shall be made after the application of this subsection to the earnings and profits described in the matter preceding clause (i). (C) Undistributed U.S. earnings The term undistributed U.S. earnings post-1986 undistributed U.S. earnings (i) as of the close of the taxable year described in paragraph (1), and (ii) without regard to post-1986 (4) Acquisition date For purposes of this section, the term acquisition date . (b) Effective date The amendments made by this section shall apply with respect to taxable years ending after September 18, 2014.

Pay What You Owe Before You Go Act

Social Security Garnishment Modernization Act of 2014 - Exempts an inflation-adjusted $9,000 each year of an individual's benefits under the Social Security Act from being used by the Department of Education to offset the amount the individual owes on a defaulted student loan under title IV (Student Assistance) of the Higher Education Act of 1965.

113 S2896 IS: Social Security Garnishment Modernization Act of 2014 U.S. Senate 2014-09-18 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. 2896 IN THE SENATE OF THE UNITED STATES September 18, 2014 Ms. Collins Mr. Nelson Committee on Finance A BILL To amend title 31, United States Code, to adjust for inflation the amount that is exempt from administrative offsets by the Department of Education for defaulted student loans. 1. Short title This Act may be cited as the Social Security Garnishment Modernization Act of 2014 2. Adjustment for inflation (a) In general Section 3716(c)(3)(A) (1) in clause (ii), by striking An amount Except as provided in clause (iii), an amount (2) by inserting after the matter following clause (ii)(II) the following: (iii) For a claim that may be collected under this section by the Department of Education relating to a defaulted student loan under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. . (b) Effective date The amendments made by subsection (a) shall— (1) take effect as if included in the enactment of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 ( Public Law 104–134 (2) only apply with respect to a claim described in section 3716(c)(3)(A)(iii)

Social Security Garnishment Modernization Act of 2014

Manufacturing Skills Act of 2014 - Directs the Secretaries of Commerce, Labor, Education, and Defense (DOD) and the Director of the National Science Foundation (NSF) to jointly establish a Manufacturing Skills Partnership to administer and carry out a program to award compeititve, three-year grants to enable up to five states and five metropolitan areas to carry out proposals to promote reforms in workforce education and skill training for manufacturing. Requires the Director of the National Institute of Standards and Technology (NIST): (1) acting through the Advanced Manufacturing National Program Office, to conduct an audit of all federal education and skills training programs related to manufacturing to ensure that states and metropolitan areas are able to align federal resources with the labor demands of their primary manufacturing industries; and (2) to work with states and metropolitan areas to determine how federal funds can be more tailored to meet their different needs.

113 S2897 IS: Manufacturing Skills Act of 2014 U.S. Senate 2014-09-18 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. 2897 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coons Ms. Ayotte Committee on Health, Education, Labor, and Pensions A BILL To establish a program that promotes reforms in workforce education and skill training for manufacturing in States and metropolitan areas, and for other purposes. 1. Short title This Act may be cited as the Manufacturing Skills Act of 2014 2. Definitions In this Act: (1) Eligible entity The term eligible entity (2) Institution of higher education The term institution of higher education (A) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (B) A postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)). (3) Manufacturing sector The term manufacturing sector (4) Metropolitan area The term metropolitan area (5) Partnership The term Partnership (6) State The term State I Manufacturing Skills program 101. Manufacturing Skills program (a) Manufacturing Skills Partnership The Secretary of Commerce, Secretary of Labor, Secretary of Education, Secretary of the Department of Defense, and Director of the National Science Foundation shall jointly establish a Manufacturing Skills Partnership consisting of the Secretaries and the Director, or their representatives. The Partnership shall— (1) administer and carry out the program established under this title; (2) establish and publish guidelines for the review of applications, and the criteria for selection, for grants under this title; and (3) submit an annual report to Congress on— (A) the eligible entities that receive grants under this title; and (B) the progress such eligible entities have made in achieving the milestones identified in accordance with section 102(b)(2)(H). (b) Program authorized (1) In general From amounts appropriated to carry out this title, the Partnership shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out their proposals submitted in the application under section 102(b)(2), in order to promote reforms in workforce education and skill training for manufacturing in the eligible entities. (2) Grant duration A grant awarded under paragraph (1) shall be for a 3-year period, with grant funds under such grant distributed annually in accordance with subsection (c)(2). (3) Second grants If amounts are made available to award grants under this title for subsequent grant periods, the Partnership may award a grant to an eligible entity that previously received a grant under this title after such first grant period expires. The Partnership shall evaluate the performance of the eligible entity under the first grant in determining whether to award the eligible entity a second grant under this title. 102. Application and award process (a) In general An eligible entity that desires to receive a grant under this title shall— (1) establish a task force, consisting of leaders from the public, nonprofit, and manufacturing sectors, representatives of labor organizations, representatives of elementary schools and secondary schools, and representatives of institutions of higher education, to apply for and carry out a grant under this title; and (2) submit an application at such time, in such manner, and containing such information as the Partnership may require. (b) Application contents The application described in subsection (a)(2) shall include— (1) a description of the task force that the eligible entity has assembled to design the proposal described in paragraph (2); (2) a proposal that— (A) identifies, as of the date of the application— (i) the current strengths of the State or metropolitan area represented by the eligible entity in manufacturing; and (ii) areas for new growth opportunities in manufacturing; (B) identifies, as of the date of the application, manufacturing workforce and skills challenges preventing the eligible entity from expanding in the areas identified under subparagraph (A)(ii), such as— (i) a lack of availability of— (I) strong career and technical education; (II) educational programs in science, technology, engineering, or mathematics; or (III) a skills training system; or (ii) an absence of customized training for existing industrial businesses and sectors; (C) identifies challenges faced within the manufacturing sector by underrepresented and disadvantaged workers, including veterans, in the State or metropolitan area represented by the eligible entity; (D) provides strategies, designed by the eligible entity, to address challenges identified in subparagraphs (B) and (C) through tangible projects and investments, with the deep and sustainable involvement of manufacturing businesses; (E) identifies and leverages innovative and effective career and technical education or skills training programs in the field of manufacturing that are available in the eligible entity; (F) leverages other Federal funds in support of such strategies; (G) reforms State or local policies and governance, as applicable, in support of such strategies; and (H) holds the eligible entity accountable, on a regular basis, through a set of transparent performance measures, including a timeline for the grant period describing when specific milestones and reforms will be achieved; and (3) a description of the source of the matching funds required under subsection (d) that the eligible entity will use if selected for a grant under this title. (c) Award basis (1) Selection basis and maximum number of grants (A) In general The Partnership shall award grants under this title, by not earlier than January 1, 2015, and not later than March 31, 2015, to the eligible entities that submit the strongest and most comprehensive proposals under subsection (b)(2). (B) Maximum number of grants For any grant period, the Partnership shall award not more than 5 grants under this title to eligible entities representing States and not more than 5 grants to eligible entities representing metropolitan areas. (2) Amount of grants (A) In general The Partnership shall award grants under this title in an amount that averages, for all grants issued for a 3-year grant period, $10,000,000 for each year, subject to subparagraph (C) and paragraph (3). (B) Amount In determining the amount of each grant for an eligible entity, the Partnership shall take into consideration the size of the industrial base of the eligible entity. (C) Insufficient appropriations For any grant period for which the amounts available to carry out this title are insufficient to award grants in the amount described in subparagraph (A), the Partnership shall award grants in amounts determined appropriate by the Partnership. (3) Funding contingent on performance In order for an eligible entity to receive funds under a grant under this title for the second or third year of the grant period, the eligible entity shall demonstrate to the Partnership that the eligible entity has achieved the specific reforms and milestones required under the timeline included in the eligible entity's proposal under subsection (b)(2)(H). (4) Consultation with policy experts The Partnership shall assemble a panel of manufacturing policy experts and manufacturing leaders from the private sector to serve in an advisory capacity in helping to oversee the competition and review the competition's effectiveness. (d) Matching funds An eligible entity receiving a grant under this title shall provide matching funds toward the grant in an amount of not less than 50 percent of the costs of the activities carried out under the grant. Matching funds under this subsection shall be from non-Federal sources and shall be in cash or in-kind. 103. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2015. (b) Availability Funds appropriated under this section shall remain available until expended. II Audit of Federal education and skills training 201. Audit of Federal education and skills training (a) Audit By not later than March 31, 2015, the Director of the National Institute of Standards and Technology, acting through the Advanced Manufacturing National Program Office, shall conduct an audit of all Federal education and skills training programs related to manufacturing to ensure that States and metropolitan areas are able to align Federal resources to the greatest extent possible with the labor demands of their primary manufacturing industries. In carrying out the audit, the Director shall work with States and metropolitan areas to determine how Federal funds can be more tailored to meet their different needs. (b) Report and recommendations By not later than March 31, 2016, the Director of the National Institute of Standards and Technology shall prepare and submit a report to Congress that includes— (1) a summary of the findings from the audit conducted under subsection (a); and (2) recommendations for such legislative and administrative actions to reform the existing funding for Federal education and skills training programs related to manufacturing as the Director determines appropriate. III Offset 301. Rescission of Department of Labor funds (a) Rescission of funds Notwithstanding any other provision of law, an amount equal to the amount of funds made available to carry out title I for a fiscal year shall be rescinded, in accordance with subsection (b), from the unobligated discretionary funds available to the Secretary from prior fiscal years. (b) Return of funds Notwithstanding any other provision of law, by not later than 15 days after funds are appropriated or made available to carry out title I, the Director of the Office of Management and Budget shall— (1) identify from which appropriations accounts available to the Secretary of Labor the rescission described in subsection (a) shall apply; and (2) determine the amount of the rescission that shall apply to each account.

Manufacturing Skills Act of 2014

Protecting Students from Worthless Degrees Act - Makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements within one year after this Act's enactment. Requires each program to: (1) fully prepare students to satisfy those entry pre-conditions in the metropolitan statistical areas and states in which the students reside and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; and (2) provide timely placement of students in required pre-licensure positions, such as clinical placements, internships, or apprenticeships. Directs the Secretary of Education to promulgate regulations regarding pre-accredited IHE programs to: (1) impose consumer protection requirements on such programs that are consistent with those this Act imposes on accredited programs, and (2) condition an IHE's participation in any federal financial assistance program on the IHE signing a loan discharge agreement with each of their students who is enrolled in any pre-accredited program.

113 S2898 IS: Protecting Students from Worthless Degrees Act U.S. Senate 2014-09-18 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. 2898 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Merkley Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To provide consumer protections for students. 1. Short title This Act may be cited as the Protecting Students from Worthless Degrees Act 2. Consumer protections for students (a) Definitions In this section: (1) Federal financial assistance program The term Federal financial assistance program (A) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (C) The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. (D) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (E) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (F) Section 1784a, 2005, or 2007 of title 10, United States Code. (2) Institution of higher education The term institution of higher education (A) with respect to a program authorized under paragraph (1)(A), has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (B) with respect to a program authorized under paragraph (1)(B), has the meaning given the term postsecondary educational institution 29 U.S.C. 2801 (C) with respect to a program authorized under paragraph (1)(C), has the meaning given the term postsecondary educational institution 20 U.S.C. 9202 (D) with respect to a program authorized under paragraph (1)(D), has the meaning given the term educational institution section 3452 (E) with respect to a program authorized under paragraph (1)(E), means an educational institution that awards a degree or certificate and is located in any State; and (F) with respect to a program authorized under paragraph (1)(F), means an educational institution that awards a degree or certificate and is located in any State. (3) State (A) State The term State (B) Freely associated States The term freely associated States (b) Consumer protections Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession, unless, by not later than 1 year after the date of enactment of this Act— (1) the successful completion of the program fully qualifies a student, in the Metropolitan Statistical Area and State in which the student resides (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program), to— (A) take any examination required for entry into the recognized occupation or profession in the Metropolitan Statistical Area and State in which the student resides, including satisfying all Federal, State, or professionally mandated programmatic and specialized accreditation requirements, if any; and (B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in the State; and (2) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession, such as clinical placements, internships, or apprenticeships. (c) Regulations on pre-Accredited programs The Secretary of Education shall promulgate regulations on requirements of an institution of higher education with respect to any program of the institution that is in a pre-accredited status, including limitations on, or requirements of, advertisement of the program to students. Such regulations shall be consistent with the provisions of subsection (b). (d) Loan discharge The Secretary of Education shall promulgate regulations that condition eligibility for an institution of higher education to participate in any Federal financial assistance program on the institution signing with each student enrolled in any program of the institution that is in a pre-accredited status, a loan discharge agreement.

Protecting Students from Worthless Degrees Act

Responsible Estate Tax Act - Amends the Internal Revenue Code, with respect to estate, gift, and generation-skipping transfer taxes, to: (1) revise estate tax rates to impose an increased tax for estates over $3.5 million and a maximum tax rate of 55% for estates over $50 million; (2) impose a 10% surtax on estates over $500 million; (3) reduce the basic estate tax exclusion amount from $5 million to $3.5 million; (4) increase to $3 million the reduction in valuations of farmland for estate tax purposes and adjust such increased amount for inflation after 2014; and (5) increase to $2 million the maximum estate tax exclusion for contributions of conservation easements. Requires that the value of the basis in any property acquired from a decedent or by gift be consistent with the basis as determined for estate and gift tax purposes. Requires executors of estates and donors of gifts required to file a gift tax return to disclose to the Secretary of the Treasury, and to recipients of any interest in an estate or a gift, information identifying the value of each interest received. Sets forth estate valuation rules for certain transfers of nonbusiness assets and limits estate tax discounts for certain individuals with minority interests in a business acquired from a decedent. Expands rules for valuing assets in grantor retained annuity trusts to require that: (1) the right to receive fixed amounts from an annuity last for a term of not less than 10 years and that such fixed amounts not decrease during the first 10 years of the annuity term, and (2) the remainder interest have a value greater than 10% when transferred. Sets forth rules for the application of transfer taxes to a grantor trust (a trust in which the grantor retains control over the trust assets and has the right to receive income from the trust).

113 S2899 IS: Responsible Estate Tax Act U.S. Senate 2014-09-18 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. 2899 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Sanders Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reinstate estate and generation-skipping taxes, and for other purposes. 1. Short title This Act may be cited as the Responsible Estate Tax Act 2. Modifications to estate, gift, and generation-skipping transfer taxes (a) Modification of rates (1) In general Section 2001(c) of the Internal Revenue Code of 1986 is amended by striking the last 2 rows and inserting the following: Over $750,000 but not over $3,500,000 $248,300 plus 39 percent of the excess of such amount over $750,000. Over $3,500,000 but not over $10,000,000 $1,320,800 plus 40 percent of the excess of such amount over $3,500,000. Over $10,000,000 but not over $50,000,000 $4,245,800 plus 50 percent of the excess of such amount over $10,000,000. Over $50,000,000 $24,245,800 plus 55 percent of the excess of such amount over $50,000,000. . (2) Surtax on wealthy estates Subsection (c) of section 2011(c) of such Code is amended— (A) by inserting before the table the following: (1) In general , and (B) by adding at the end the following new paragraph: (2) Surtax on estates over $500,000,000 Notwithstanding paragraph (1), if the amount with respect to which the tentative tax to be computed is over $500,000,000, the rate of tax otherwise in effect under this subsection with respect to the amount in excess of $500,000,000 shall be increased by 10 percent. . (b) Exclusion amount (1) Estate tax Paragraph (3) of section 2010(c) of the Internal Revenue Code of 1986 is amended to read as follows: (3) Basic exclusion amount For purposes of this section, the basic exclusion amount is $3,500,000. . (2) Modification to gift tax exclusion amount Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: (1) the applicable credit amount in effect under section 2010(c) for such calendar year (determined as if the basic exclusion amount in section 2010(c)(2)(A) were $1,000,000), reduced by . (3) Modifications of estate and gift taxes to reflect differences in credit resulting from different exclusion amounts (A) Estate tax adjustment Section 2001 (h) Adjustment To reflect changes in exclusion amount (1) In general If, with respect to any gift to which subsection (b)(2) applies, the applicable exclusion amount in effect at the time of the decedent’s death is less than such amount in effect at the time such gift is made by the decedent, the amount of tax computed under subsection (b) shall be reduced by the amount of tax which would have been payable under chapter 12 at the time of the gift if the applicable exclusion amount in effect at such time had been the applicable exclusion amount in effect at the time of the decedent's death and the modifications described in subsection (g) had been applicable at the time of such gifts. (2) Limitation The aggregate amount of gifts made in any calendar year to which the reduction under paragraph (1) applies shall not exceed the excess of— (A) the applicable exclusion amount in effect for such calendar year, over (B) the applicable exclusion amount in effect at the time of the decedent's death. (3) Applicable exclusion amount The term applicable exclusion amount . (B) Gift tax adjustment Section 2502 of such Code is amended by adding at the end the following new subsection: (d) Adjustment To reflect changes in exclusion amount (1) In general If the taxpayer made a taxable gift in an applicable preceding calendar period, the amount of tax computed under subsection (a) shall be reduced by the amount of tax which would have been payable under chapter 12 for such applicable preceding calendar period if the applicable exclusion amount in effect for such preceding calendar period had been the applicable exclusion amount in effect for the calendar year for which the tax is being computed and the modifications described in subsection (g) had been applicable for such preceding calendar period. (2) Limitation The aggregate amount of gifts made in any applicable preceding calendar period to which the reduction under paragraph (1) applies shall not exceed the excess of— (A) the applicable exclusion amount for such preceding calendar period, over (B) the applicable exclusion amount for the calendar year for which the tax is being computed. (3) Applicable preceding calendar year period The term applicable preceding calendar year period (4) Applicable exclusion amount The term applicable exclusion amount . (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and generation-skipping transfers and gifts made, after December 31, 2014. 3. Modification of rules for value of certain farm, etc., real property (a) In general Paragraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 is amended by striking $750,000 $3,000,000 (b) Inflation adjustment Paragraph (3) of section 2032A(a) of such Code is amended— (1) by striking 1998 2014 (2) by striking $750,000 $3,000,000 (3) by striking calendar year 1997 calendar year 2013 (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2014. 4. Modification of estate tax rules with respect to land subject to conservation easements (a) Modification of exclusion limitation The table in paragraph (3) of section 2031(c) of the Internal Revenue Code of 1986 is amended— (1) by striking or thereafter through 2014 (2) by adding at the end the following row: 2015 and thereafter $2,000,000 . (b) Modification of applicable percentage Paragraph (2) of section 2031(c) of the Internal Revenue Code of 1986 is amended by striking 40 percent 60 percent (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2014. 5. Consistent basis reporting between estate and person acquiring property from decedent (a) Consistent use of basis (1) Property acquired from a decedent Section 1014 (f) Basis must be consistent with estate tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 11. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 11 and there has been a statement furnished under section 6035(a), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(a). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (2) Property acquired by gifts and transfers in trust Section 1015 (f) Basis must be consistent gift tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 12. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 12 and there has been a statement furnished under section 6035(b), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(b). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (b) Information reporting (1) In general Subpart A of part III of subchapter A of chapter 61 6035. Basis information to persons acquiring property from decedent or by gift (a) Information with respect to property acquired from decedents (1) In general The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Statements by beneficiaries Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1). (3) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (b) Information with respect to property acquired by gift (1) In general Each person making a transfer by gift who is required to file a return under section 6019 with respect to such transfer shall furnish to the Secretary and to each person acquiring any interest in property by reason of such transfer a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6019 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (c) Regulations The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to— (1) the application of this section to property with regard to which no estate or gift tax return is required to be filed, and (2) situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property. . (2) Penalty for failure to file (A) Return Section 6724(d)(1) and , and (D) any statement required to be filed with the Secretary under section 6035. . (B) Statement Section 6724(d)(2) of such Code is amended by striking or , or (II) section 6035 (other than a statement described in paragraph (1)(D)). . (3) Clerical amendment The table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6034A the following new item: Sec. 6035. Basis information to persons acquiring property from decedent or by gift. . (c) Penalty for inconsistent reporting (1) In general Subsection (b) of section 6662 (8) Any inconsistent estate or gift basis. . (2) Inconsistent basis reporting Section 6662 of such Code is amended by adding at the end the following new subsection: (k) Inconsistent estate or gift basis reporting For purposes of this section, the term inconsistent estate or gift basis (1) in the case of property acquired from a decedent, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1014(f), and (2) in the case of property acquired by gift, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1015(f). . (d) Effective date The amendments made by this section shall apply to transfers for which returns are filed after the date of the enactment of this Act. 6. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts (a) In general Section 2031 (d) Valuation rules for certain transfers of nonbusiness assets For purposes of this chapter and chapter 12— (1) In general In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)— (A) the value of any nonbusiness assets held by the entity with respect to such interest shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and (B) such nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. (2) Nonbusiness assets For purposes of this subsection— (A) In general The term nonbusiness asset (B) Exception for certain passive assets Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless— (i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or (ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. (C) Exception for working capital Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. (3) Passive asset For purposes of this subsection, the term passive asset (A) cash or cash equivalents, (B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, (C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, (D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), (E) annuity, (F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), (G) asset (other than a patent, trademark, or copyright) which produces royalty income, (H) commodity, (I) collectible (within the meaning of section 401(m)), or (J) any other asset specified in regulations prescribed by the Secretary. (4) Look-thru rules (A) In general If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. (B) 10-percent interest The term 10-percent interest (i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and (iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. (5) Coordination with subsection (b) Subsection (b) shall apply after the application of this subsection. (e) Limitation on minority discounts For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferor, the transferee, and members of the family (as defined in section 2032A(e)(2)) of the transferor and transferee— (1) have control of such entity, or (2) own the majority of the ownership interests (by value) in such entity. . (b) Effective date The amendments made by this section shall apply to transfers after the date of the enactment of this Act. 7. Required minimum 10-year term, etc., for grantor retained annuity trusts (a) In general Subsection (b) of section 2702 (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking For purposes of (1) In general For purposes of ; (3) by striking paragraph (1) or (2) subparagraph (A) or (B) (4) by adding at the end the following new paragraph: (2) Additional requirements with respect to grantor retained annuities For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if— (A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, (B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and (C) the remainder interest has a value equal to or greater than 10 percent of the value of the assets transferred to the trust, determined as of the time of the transfer. . (b) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 8. Certain transfer tax rules applicable to grantor trusts (a) In general Subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 16 Special rules for grantor trusts Sec. 2901. Application of transfer taxes. 2901. Application of transfer taxes (a) In general In the case of any portion of a trust to which this section applies— (1) the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner, (2) any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and (3) if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner. (b) Portion of trust to which section applies This section shall apply to— (1) the portion of a trust with respect to which the grantor is the deemed owner, and (2) the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A. For purposes of paragraph (2), the portion of the trust described with respect to a transaction is the portion of the trust attributable to the property received by the trust in such transaction, including all retained income therefrom, appreciation thereon, and reinvestments thereof, net of the amount of consideration received by the deemed owner in such transaction. (c) Exceptions This section shall not apply to— (1) any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)), and (2) any other type of trust that the Secretary determines by regulations or other guidance does not have as a significant purpose the avoidance of transfer taxes. (d) Deemed owner defined For purposes of this section, the term deemed owner (e) Reduction for taxable gifts to trust made by owner The amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12. (f) Liability for payment of tax Any tax imposed pursuant to subsection (a) shall be a liability of the trust. . (b) Clerical amendment The table of chapters for subtitle B of such Code is amended by adding at the end the following new item: Chapter 16. special rules for grantor trusts . (c) Effective date The amendments made by this section shall apply— (1) to trusts created on or after the date of the enactment of this Act, (2) to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date, and (3) to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies by reason of a transaction described in section 2901(b)(2) of such Code on or after such date.

Responsible Estate Tax Act

End Government Shutdowns Act - Makes specified provisional (automatic) continuing appropriations in the event that any regular appropriation bill for a fiscal year is not enacted before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect. (Thus prevents a federal government shutdown.)

114 S334 IS: End Government Shutdowns Act U.S. Senate 2015-02-02 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 114th CONGRESS 1st Session S. 334 IN THE SENATE OF THE UNITED STATES February 2, 2015 Mr. Portman Ms. Ayotte Mr. Barrasso Mr. Enzi Mr. Grassley Mr. Isakson Mr. Johnson Mr. Lee Mr. Rubio Mr. Toomey Committee on Appropriations A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. 1. Short title This Act may be cited as the End Government Shutdowns Act 2. Automatic continuing appropriations (a) In General Chapter 13 section 1310 1311. Continuing appropriations (a) (1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year— (A) in the corresponding appropriation Act for such preceding fiscal year; or (B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. (2) (A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of— (i) 100 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; (ii) in the absence of such an Act, 100 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or (iii) 100 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act; for the period of 120 days. After the first 120-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. (B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. (3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. (d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections of chapter 13 section 1310 1311. Continuing appropriations. .

End Government Shutdowns Act

Livable Communities Act of 2014 - Establishes in the Department of Housing and Urban Development (HUD) an Office of Sustainable Housing and Communities (OSHC) to review and coordinate federal policies that: encourage locally directed comprehensive and integrated planning and development at the state, regional, and local levels, and coordinated public investments through development of comprehensive regional plans; and provide long-term affordable, accessible, energy-efficient, healthy and location-efficient housing choices for all people, particularly low-income families. Requires the OSHC Director to establish a program to make comprehensive planning grants and community challenge grants to units of general local government or Indian tribes to carry out projects meeting specified criteria. Authorizes the Secretary of HUD to make or guarantee (up to 75% of) loans to eligible governmental, corporate, or partnership borrowers for infrastructure development projects used to support transit-oriented development. Requires the Director of the Office of Lead Hazard Control and Healthy Homes to lead the federal initiative to support healthy housing and eradicate housing-related health hazards. Requires the Secretary to study how sustainable building features in housing, such as energy efficiency, affect: (1) the quality of the indoor environment, (2) the prevalence of housing-related health hazards, and (3) the health of the occupants.

113 S2900 IS: Livable Communities Act of 2014 U.S. Senate 2014-09-18 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. 2900 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Menendez Mr. Reed Mr. Franken Mr. Sanders Mr. Blumenthal Mr. Leahy Mr. Whitehouse Mr. Schumer Ms. Landrieu Mr. Bennet Mrs. Gillibrand Mr. Wyden Committee on Banking, Housing, and Urban Affairs A BILL To create livable communities through coordinated public investment and streamlined requirements, and for other purposes. 1. Short title This Act may be cited as the Livable Communities Act of 2014 2. Findings Congress finds that— (1) when rural, suburban, and urban communities plan transportation, housing, and water infrastructure strategically it is estimated that these communities could save nearly $122,000,000,000 in infrastructure costs over the next 25 years; (2) key Federal programs are missing a vital opportunity to boost economic growth at the local and regional level through better coordination of housing, transportation, and related infrastructure investments; (3) Federal regulations and policies should support community efforts to implement and sustain progress toward the achievement of locally defined development goals, in terms of— (A) geographic location and proximity to existing resources; (B) developing transportation choices that serve the needs of all users and fit within the context of the community; and (C) maintaining structural and indoor environmental quality and minimizing health hazards; and (4) greater coordination of public investment will provide direct support for immediate job creation and lay the groundwork for long-term resilience and prosperity by leveraging significant private sector and philanthropic investment to make the most of Federal funding. 3. Purposes The purposes of this Act are— (1) to strengthen rural, suburban, and urban economies by enabling communities to establish goals for the future and to chart a course for achieving such goals; (2) to promote local leadership by encouraging communities to develop innovative solutions that reflect the unique economic assets and needs of the communities; (3) to maximize returns on Federal funding of housing, transportation, and other infrastructure projects through the coordination of Federal grant programs, regulations, and requirements, by reducing the number of duplicative Federal programs and improving the efficiency and effectiveness of programs and policies of the Department of Housing and Urban Development, the Department of Transportation, the Environmental Protection Agency, and other Federal agencies, as appropriate; and (4) to ensure that Federal funding supports locally defined long range development goals. 4. Definitions In this Act, the following definitions shall apply: (1) Affordable housing The term affordable housing (2) Comprehensive regional plan The term comprehensive regional plan (A) uses a cooperative, locally controlled, and inclusive public engagement process to identify needs and goals across a region and to integrate related planning processes; (B) prioritizes projects for implementation, including healthy housing projects; and (C) is tied to capital improvement programs and annual budgets. (3) Department The term Department (4) Director The term Director (5) Extremely low-income family The term extremely low-income family (A) 30 percent of the median income in the area in which the family lives, as determined by the Secretary, with appropriate adjustments for the size of the family; or (B) a percentage of the median income in the area in which the family lives, as determined by the Secretary upon a finding by the Secretary that such percentage is necessary due to unusually high or low family incomes in the area in which the family lives, with appropriate adjustments for the size of the family. (6) Healthy housing The term healthy housing (7) Housing-related health hazard The term housing-related health hazard (8) Indian tribe The term Indian tribe 25 U.S.C. 4103 (9) Livable community The term livable community (A) provides safe, reliable, affordable, and accessible transportation choices; (B) provides long-term affordable, accessible, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities; (C) supports, revitalizes, and encourages the growth of existing communities and maximizes the cost-effectiveness of existing infrastructure; (D) promotes economic development and economic competitiveness; (E) preserves the environment and natural resources; (F) protects agricultural land, rural land, and green spaces; and (G) supports public health and improves the quality of life for residents of, and workers in, the community. (10) Location-efficient The term location-efficient (A) to lower living expenses for working families; (B) to enhance mobility; (C) to encourage private investment in transit-oriented development; and (D) to encourage private sector infill development and maximize the use of existing infrastructure. (11) Low-income family The term low-income family (12) Metropolitan planning organization The term metropolitan planning organization section 134(b) (13) Office The term Office (14) Regional council The term regional council (A) accountable to units of general local government; (B) delivers a variety of Federal, State, and local programs; and (C) performs planning functions and provides professional and technical assistance. (15) Rural planning organization The term rural planning organization (A) that— (i) works in cooperation with the department of transportation (or equivalent entity) of a State to plan transportation networks and advise officials of the State on transportation planning; and (ii) is located in a rural area— (I) with a population of not less than 5,000; and (II) that is not located in an area represented by a metropolitan planning organization; or (B) that is a regional transportation planning organization, as defined in section 5303 (16) Secretary The term Secretary (17) State The term State (18) Transit-oriented development The term transit-oriented development (19) Unit of general local government The term unit of general local government (A) a city, county, town, township, parish, village, or other general purpose political subdivision of a State; or (B) a combination of general purpose political subdivisions, as determined by the Secretary. (20) Unit of special purpose local government The term unit of special purpose local government (A) means a division of a unit of general purpose government that serves a special purpose and does not provide a broad array of services; and (B) includes an entity such as a school district, a housing agency, a transit agency, and a parks and recreation district. (21) Very low-income family The term very low-income family 42 U.S.C. 1437a(b) 5. Office of sustainable housing and communities (a) Office established There is established in the Department an Office of Sustainable Housing and Communities, which shall— (1) coordinate Federal policies that— (A) encourage locally directed comprehensive and integrated planning and development at the State, regional, and local levels; (B) encourage coordinated public investments through the development of comprehensive regional plans; (C) provide long-term affordable, accessible, energy-efficient, healthy, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities, particularly for low-, very low-, and extremely low-income families; and (D) achieve other goals consistent with the purposes of this Act; (2) review Federal programs and policies to determine barriers to interagency collaboration and make recommendations to promote the ability of local communities to access resources in the Department and throughout the Federal Government and coordinate with and conduct outreach to Federal agencies, including the Department of Transportation and the Environmental Protection Agency, on methods to reduce duplicative programs and improve the efficiency and effectiveness of programs within the Department of Transportation, the Environmental Protection Agency, and the Department; (3) conduct research and advise the Secretary on the research agenda of the Department relating to coordinated development, in collaboration with the Office of Policy Development and Research of the Department; (4) implement and oversee the grant programs established under this Act by— (A) developing the process and format for grant applications for each grant program; (B) promulgating regulations or guidance relating to each grant program; (C) selecting recipients of grants under each grant program; (D) creating performance measures for recipients of grants under each grant program; (E) developing technical assistance and other guidance to assist recipients of grants and potential applicants for grants under each grant program; (F) monitoring and evaluating the performance of recipients of grants under each grant program; and (G) carrying out such other activities relating to the administration of the grant programs under this Act as the Secretary determines are necessary; (5) provide guidance, information on best practices, and technical assistance to communities seeking to adopt sustainable development policies and practices; (6) administer initiatives of the Department relating to the policies described in paragraph (1), as determined by the Secretary; and (7) work with the Federal Transit Administration and the Federal Highway Administration of the Department of Transportation and other offices and administrations of the Department of Transportation, as appropriate— (A) to encourage transit-oriented development; and (B) to coordinate Federal housing, community development, and transportation policies, including the policies described in paragraph (1). (b) Director The head of the Office shall be the Director of the Office of Sustainable Housing and Communities. (c) Duties relating to grant programs (1) In general The Director shall carry out the grant programs established under this Act. (2) Small and rural communities grant program The Director shall coordinate with the Secretary of Agriculture to make grants to small and rural communities under sections 7 and 8. (3) Technical assistance for grant recipients and applicants The Director may— (A) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, grants under this Act; (B) by Federal interagency agreement, transfer funds to another Federal agency to facilitate and support technical assistance; and (C) make contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants. 6. Comprehensive planning grant program (a) Definitions In this section, the following definitions shall apply: (1) Consortium of units of general local governments The term consortium of units of general local governments (A) represents all or part of a metropolitan statistical area, a micropolitan statistical area, or a noncore area; (B) has the authority under State, tribal, or local law to carry out planning activities, including surveys, land use studies, environmental or public health analyses, and development of urban revitalization plans; and (C) has provided documentation to the Secretary sufficient to demonstrate that the purpose of the consortium is to carry out a project using a grant awarded under this Act. (2) Eligible entity The term eligible entity (A) a partnership between a consortium of units of general local government and an eligible partner; or (B) an Indian tribe, if— (i) the Indian tribe has— (I) a tribal entity that performs housing and land use planning functions; and (II) a tribal entity that performs transportation and transportation planning functions; and (ii) the Secretary determines that the isolated location and land expanse of the Indian tribe require the Secretary to treat the tribe as an eligible entity for purposes of carrying out activities using a grant awarded under this section. (3) Eligible partner The term eligible partner (A) a metropolitan planning organization, a rural planning organization, or a regional council; or (B) a metropolitan planning organization, a rural planning organization, or a regional council, and— (i) a State; (ii) an Indian tribe; (iii) a State and an Indian tribe; or (iv) an institution of higher education. (4) Grant program The term grant program (5) Noncore area The term noncore area (b) Comprehensive planning grant program established The Director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project— (1) to coordinate locally defined planning processes across jurisdictions and agencies; (2) to identify regional partnerships for developing and implementing a comprehensive regional plan; (3) to conduct or update assessments to determine regional needs and promote economic and community development; (4) to develop or update— (A) a comprehensive regional plan; or (B) goals and strategies to implement an existing comprehensive regional plan and other related activities; and (5) to identify local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development. (c) Grants (1) Diversity of grantees The Director shall ensure geographic diversity among and adequate representation from each of the following categories: (A) Small and rural communities Eligible entities that represent all or part of a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000. (B) Mid-sized metropolitan communities Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 200,000 and not more than 500,000. (C) Large metropolitan communities Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 500,000. (2) Award of funds to small and rural communities (A) In general The Director shall— (i) award not less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A); and (ii) ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible entities described in paragraph (1)(A). (B) Insufficient applications If the Director determines that insufficient approvable applications have been submitted by eligible entities described in paragraph (1)(A), the Director may award less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A). (3) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under the grant program may not exceed 80 percent. (B) Exceptions (i) Small and rural communities In the case of an eligible entity described in paragraph (1)(A), the Federal share of the cost of a project carried out using a grant under the grant program may be 90 percent. (ii) Indian tribes In the case of an eligible entity that is an Indian tribe, the Federal share of the cost of a project carried out using a grant under the grant program may be 100 percent. (C) Non-Federal share (i) In-kind contributions For the purposes of this section, in-kind contributions may be used for all or part of the non-Federal share of the cost of a project carried out using a grant under the grant program. (ii) Other Federal funding Federal funding from sources other than the grant program may not be used for the non-Federal share of the cost of a project carried out using a grant under the grant program. (4) Availability of funds (A) In general An eligible entity that receives a grant under the grant program shall— (i) obligate any funds received under the grant program not later than 2 years after the date on which the grant agreement under subsection (g) is made; and (ii) expend any funds received under the grant program not later than 4 years after the date on which the grant agreement under subsection (g) is made. (B) Unobligated amounts After the date described in subparagraph (A)(i), the Secretary may award to another eligible entity, to carry out activities under this section, any amounts that an eligible entity has not obligated under subparagraph (A)(i). (d) Application (1) In general An eligible entity that desires a grant under this section shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains— (A) a description of the project proposed to be carried out by the eligible entity; (B) a budget for the project that includes the anticipated Federal share of the cost of the project and a description of the source of the non-Federal share; (C) the designation of a lead agency or organization, which may be the eligible entity, to receive and manage any funds received by the eligible entity under the grant program; (D) a signed copy of a memorandum of understanding among local jurisdictions, including, as appropriate, a State, an Indian tribe, units of general purpose local government, units of special purpose local government, metropolitan planning organizations, rural planning organizations, and regional councils that demonstrates— (i) the creation of an eligible entity; (ii) a description of the nature and extent of planned collaboration between the eligible entity and any partners of the eligible entity; (iii) a commitment to develop a comprehensive regional plan; and (iv) a commitment to implement the plan after the plan is developed; (E) a certification that the eligible entity has— (i) secured the participation, or made a good-faith effort to secure the participation, of transportation providers and public housing agencies within the area affected by the comprehensive regional plan and the entities described in clause (ii); and (ii) created, or will create not later than 1 year after the date of the grant award, a regional advisory board to provide input and feedback on the development of the comprehensive regional plan that includes representatives of a State, the metropolitan planning organization, the rural planning organization, the regional council, local jurisdictions, non-profit organizations, and others, as deemed appropriate by the eligible entity, given the local context of the comprehensive planning effort; (F) a certification that the eligible entity has solicited public comment on the contents of the project description under subparagraph (A) that includes— (i) a description of the process for receiving public comment relating to the proposal; and (ii) such other information as the Director may require; (G) a description of how the eligible entity will carry out the activities under subsection (f); and (H) such additional information as the Director may require. (2) Indian tribes An eligible entity that is an Indian tribe is not required to submit the certification under paragraph (1)(E). (e) Selection In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application— (1) demonstrates that the applicant has or will have the legal, financial, and technical capacity to carry out the project; (2) demonstrates the extent to which the consortium has developed partnerships throughout an entire region, including, as appropriate, partnerships with the entities described in subsection (d)(1)(D); (3) demonstrates integration with local efforts in economic development and job creation; (4) demonstrates a strategy for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans; (5) promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section; (6) demonstrates a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan; (7) demonstrates that a Federal grant is necessary to accomplish the project proposed to be carried out; (8) minimizes the Federal share necessary to carry out the project and leverages State, local, or private resources; and (9) demonstrates such other qualities as the Director may determine. (f) Eligible activities An eligible entity that receives a grant under this section shall carry out a project that includes 1 or more of the following activities: (1) Coordinating locally defined planning processes across jurisdictions and agencies. (2) Identifying potential regional partnerships for developing and implementing a comprehensive regional plan. (3) Conducting or updating assessments to determine regional needs, including healthy housing, and promote economic and community development. (4) Developing or updating— (A) a comprehensive regional plan; or (B) goals and strategies to implement an existing comprehensive regional plan. (5) Implementing local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development. (g) Grant agreement Each eligible entity that receives a grant under the grant program shall agree to establish, in coordination with the Director, performance measures, reporting requirements, and any other requirements that the Director determines are necessary, that the eligible entity shall meet at the end of each year in which the eligible entity receives funds under the grant program. (h) Public outreach (1) Outreach required Each eligible entity that receives a grant under the grant program shall perform substantial outreach activities— (A) to engage a broad cross-section of community stakeholders in the process of developing a comprehensive regional plan, including low-income families, minorities, older adults, and economically disadvantaged community members; and (B) to create an effective means for stakeholders to participate in the development and implementation of a comprehensive regional plan. (2) Finalization of comprehensive regional plan (A) In general An eligible entity that receives a grant under the grant program may not finalize a comprehensive regional plan before the eligible entity holds a public hearing to obtain the views of citizens, public agencies, and other interested parties. (B) Availability of information Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall make the proposed comprehensive regional plan and all information relevant to the hearing— (i) available to the public for inspection during normal business hours; and (ii) available on a publically accessible website. (C) Notice Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall publish notice— (i) of the hearing; and (ii) that the information described in subparagraph (B) is available. (i) Violation of grant agreement or failure To comply with public outreach requirements If the Director determines that an eligible entity has not met the performance measures established in the grant agreement under subsection (g), is not making reasonable progress toward meeting such measures, is otherwise in violation of the grant agreement, or has not complied with the public outreach requirements under subsection (h), the Director may— (1) withhold financial assistance until the requirements under the grant agreement or under subsection (h), as applicable, are met; or (2) terminate the grant agreement. (j) Report on the comprehensive planning grant (1) In general Not later than 90 days after the date on which the grant agreement under subsection (g) expires, an eligible entity that receives a grant under the grant program shall submit a final report on the project to the Secretary. (2) Contents of report The report shall include— (A) a detailed explanation of the activities undertaken using the grant, including an explanation of the completed project and how it achieves specific transit-oriented, transportation, housing, or sustainable community goals within the region; (B) a discussion of any obstacles encountered in the planning process and how the eligible entity overcame the obstacles; (C) an evaluation of the success of the project using the performance measures established in the grant agreement under subsection (g), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional plan; and (D) any other information the Director may require. (3) Interim report The Director may require an eligible entity to submit an interim report before the date on which the project for which the grant is awarded is completed. (k) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended— (A) $100,000,000 for fiscal year 2015; and (B) $125,000,000 for each of fiscal years 2016 through 2019. (2) Technical assistance The Director may use not more than 2 percent of the amounts made available under this subsection for a fiscal year for technical assistance under section 5(c)(3). 7. Community challenge grant program (a) Definitions In this section— (1) the terms consortium of units of general local governments eligible entity eligible partner (2) the term grant program (b) Community challenge grant program established The Director shall establish a community challenge grant program to make grants to eligible entities to— (1) promote integrated planning and investments across policy and governmental jurisdictions; and (2) implement projects identified in a comprehensive regional plan. (c) Grants (1) Diversity of grantees The Director shall ensure geographic diversity among and adequate representation from eligible entities in each of the categories described in section 6(c)(1). (2) Terms and conditions Except as otherwise provided in this section, a grant under the grant program shall be made on the same terms and conditions as a grant under section 6. (3) Expending funds An eligible entity that receives a grant under the grant program shall expend any funds received under the grant program not later than 5 years after the date on which the grant agreement under subsection (g) is made. (d) Application (1) Contents An eligible entity that desires a grant under the grant program shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains— (A) a copy of the comprehensive regional plan, whether developed as part of the comprehensive planning grant program under section 6 or developed independently; (B) a description of the project or projects proposed to be carried out using a grant under the grant program; (C) a description of any preliminary actions that have been or must be taken at the local or regional level to implement the project or projects described under subparagraph (B), including the revision of land use or zoning policies; (D) a signed copy of a memorandum of understanding among local jurisdictions, including, as appropriate, a State, units of general purpose local government, units of special purpose local government, metropolitan planning organizations, rural planning organizations, and regional councils that demonstrates— (i) the creation of a consortium of units of general local government; and (ii) a commitment to implement the activities described in the comprehensive regional plan; (E) a certification that the eligible entity has solicited public comment on the contents of the project or projects described in subparagraph (B) that includes— (i) a certification that the eligible entity made information about the project or projects available and afforded citizens, public agencies, and other interested parties a reasonable opportunity to examine the content of the project or projects and to submit comments; (ii) a description of the process for receiving public comment, and a description of the outreach efforts to affected populations and stakeholders; and (iii) a certification that the eligible entity— (I) held a public hearing to obtain the views of citizens, public agencies, and other interested parties; (II) made the proposed project or projects and all information relevant to the hearing available for inspection by the public during normal business hours not less than 30 days before the hearing under subclause (I); and (III) published a notice informing the public of the hearing under subclause (I) and the availability of the information described in subclause (II); (F) a budget for the project or projects that includes the Federal share of the cost of the project or projects requested and a description of the source of the non-Federal share; and (G) such additional information as the Director may require. (2) Indian tribes An eligible entity that is an Indian tribe is not required to submit a memorandum of understanding under paragraph (1)(D). (e) Selection In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application— (1) demonstrates that the applicant has or will have the legal, financial, and technical capacity to carry out the project; (2) demonstrates the extent to which the eligible entity has developed partnerships throughout an entire region, including partnerships with units of special purpose local government and transportation providers; (3) demonstrates clear and meaningful interjurisdictional cooperation and coordination of housing (including healthy housing), transportation, and environmental policies and plans; (4) demonstrates a commitment to implementing a comprehensive regional plan and documents action taken or planned to implement the plan; (5) minimizes the Federal share necessary to carry out the project and leverages a significant amount of State, local, or private resources; (6) identifies original and innovative ideas to overcoming regional problems, including local land use and zoning (or other code) obstacles to carrying out the comprehensive regional plan; (7) promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under the grant program; (8) demonstrates a commitment to substantial public input throughout the implementation process; (9) demonstrates that a Federal grant is necessary to accomplish the project or projects proposed to be carried out; and (10) demonstrates such other qualities as the Director may determine. (f) Grant activities (1) Planning activities (A) In general An eligible entity that receives a grant under the grant program may use not more than 10 percent of the grant for planning activities. (B) Limitation Activities related to the updating, reform, or development of a local code, plan, or ordinance to implement projects contained in a comprehensive regional plan shall not be considered planning activities for the purposes of a grant under the grant program. (2) Projects and investments An eligible entity that receives a grant under the grant program shall carry out 1 or more projects that are designed to achieve the goals identified in a comprehensive regional plan. (g) Grant agreement Each eligible entity that receives a grant under the grant program shall agree to establish, in coordination with the Director, performance measures, reporting requirements, and any other requirements that the Director determines are necessary, that the eligible entity shall meet at the end of each year in which the eligible entity receives funds under the grant program. (h) Violation of grant agreement If the Director determines that an eligible entity has not met the performance measures established under subsection (g), is not making reasonable progress toward meeting such measures, or is otherwise in violation of the grant agreement, the Director may— (1) withhold financial assistance until the requirements under the grant agreement are met; or (2) terminate the grant agreement. (i) Report on the community challenge grant (1) In general Not later than 90 days after the date on which the grant agreement under subsection (g) expires, an eligible entity that receives a grant under the grant program shall submit a final report on the project to the Secretary. (2) Contents of report The report shall include— (A) a detailed explanation of the activities undertaken using the grant, including an explanation of the completed project and how it achieves specific transit-oriented, transportation, housing, or sustainable community goals within the region; (B) a discussion of any obstacles encountered in the planning and implementation process and how the eligible entity overcame the obstacles; (C) an evaluation of the success of the project using the performance measures established under subsection (g), including an evaluation of the planning and implementation process and how the project contributes to carrying out the comprehensive regional plan; and (D) any other information the Director may require. (3) Interim report The Director may require an eligible entity to submit an interim report before the date on which the project for which the grant is awarded is completed. (j) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended— (A) $30,000,000 for each of fiscal years 2015 and 2016; (B) $35,000,000 for fiscal year 2017; (C) $40,000,000 for fiscal year 2018; and (D) $45,000,000 for fiscal year 2019. 8. Credit facility to support transit-oriented development (a) Definitions In this section, the following definitions shall apply: (1) Eligible applicant The term eligible applicant (2) Eligible area The term eligible area ½ (3) Eligible borrower The term eligible borrower (A) a governmental entity, authority, agency, or instrumentality; (B) a corporation, partnership, joint venture, or trust on behalf of which an eligible applicant has submitted an application under subsection (c); or (C) any other legal entity undertaking an infrastructure development project on behalf of which an eligible applicant has submitted an application under subsection (c). (4) Major public transportation facility The term major public transportation facility (A) a fixed-guideway public transportation station; (B) a high speed rail or intercity rail station connecting to public transportation; (C) an intermodal facility connecting multiple public transportation lines; or (D) a public transportation center located in an area other than an urbanized area. (5) Planned major public transportation facility The term planned major public transportation facility (A) appropriate environmental reviews have been completed; and (B) funding for construction can be reasonably anticipated. (6) Project The term project (A) property enhancement, including conducting environmental remediation, park development, and open space acquisition; (B) improvement of mobility, including rehabilitating, or providing for additional, streets, public transportation stations, structured parking, walkways, and bikeways; (C) utility development, including rehabilitating or relocating existing, or providing for new drinking water, wastewater, electric, and gas utilities; or (D) community service facilities, such as child care centers. (7) Public transportation The term public transportation section 5302 (b) Loan program established The Secretary, in consultation with the Secretary of Transportation, may make or guarantee loans under this section to eligible borrowers for projects. (c) Application (1) In general An eligible applicant may submit to the Secretary an application for a loan or loan guarantee under this section— (A) to fund a project carried out by the eligible applicant; or (B) on behalf of an eligible borrower, to fund a project carried out by the eligible borrower. (d) Selection criteria (1) In general The Secretary may make a loan or loan guarantee under this section for a project that— (A) is part of a community-wide development plan, as defined by the Secretary; (B) promotes sustainable development; and (C) ensures that not less than 15 percent of any housing units constructed or substantially rehabilitated as part of transit-oriented development supported by the project are affordable over the long term to, and occupied at time of initial occupancy by— (i) renters with incomes at or below 60 percent of the area median income; or (ii) homeowners with incomes at or below 100 percent of the area median income. (2) Considerations The Secretary, in consultation with the Secretary of Transportation, shall select the recipients of loans and loan guarantees under this section based on the extent to which— (A) the transit-oriented development supported by the project will encourage increased use of transit; (B) the transit-oriented development supported by the project will create or preserve long-term affordable housing units in addition to the housing units required to be made available under paragraph (1)(C) or will provide deeper affordability than required under paragraph (1)(C); (C) the project will facilitate and encourage additional development or redevelopment in the overall public transportation station area; (D) the local government has adopted policies that— (i) promote long-term affordable housing; and (ii) allow high-density, mixed-use development near public transportation stations; (E) the transit-oriented development supported by the project is part of a comprehensive regional plan; (F) the eligible borrower has established a reliable, dedicated revenue source to repay the loan; (G) the project is not financially viable for the eligible borrower without a loan or loan guarantee under this section; and (H) a loan or loan guarantee under this section would be used in conjunction with non-Federal resources to fund the project. (e) Eligible sources of repayment A loan made or guaranteed under this section shall be repayable, in whole or in part, from dedicated revenue sources, which may include— (1) user fees; (2) property tax revenues; (3) sales tax revenues; (4) other revenue sources dedicated to the project by property owners and businesses; and (5) a bond or other indebtedness backed by one of the revenue sources listed in this paragraph. (f) Interest rate The Secretary shall establish an interest rate for loans made or guaranteed under this section with reference to a benchmark interest rate (commonly known as a yield (g) Maximum maturity The maturity of a loan made or guaranteed under this section may not exceed the lesser of— (1) 35 years; or (2) 90 percent of the useful life of any project to be financed by the loan, as determined by the Secretary. (h) Maximum loan guarantee rate (1) In general The guarantee rate on a loan guaranteed under this section may not exceed 75 percent of the amount of the loan. (2) Lower guarantee rate for low-risk borrowers The Secretary shall establish a guarantee rate for loans to eligible borrowers that the Secretary determines pose a lower risk of default that is lower than the guarantee rate for loans to other eligible borrowers. (i) Fees The Secretary shall establish fees for loans made or guaranteed under this section at a level that is sufficient to cover all or part of the costs to the Federal Government of making or guaranteeing a loan under this section. (j) Nonsubordination A loan made or guaranteed under this section may not be subordinated to the claims of any holder of an obligation relating to the project in the event of bankruptcy, insolvency, or liquidation. (k) Commencement of repayment The scheduled repayment of principal or interest on a loan made or guaranteed under this section shall commence not later than 5 years after the date of substantial completion of a project. (l) Repayment deferral for loans (1) In general If, at any time after the date of substantial completion of a project, the Secretary determines that dedicated revenue sources of an eligible borrower are insufficient to make the scheduled loan repayments of principal and interest on a loan made or guaranteed under this section, the Secretary may, subject to criteria established by the Secretary, allow the eligible borrower to add unpaid principal and interest to the outstanding balance of the loan. (2) Treatment of deferred payments Any payment deferred under this section shall— (A) continue to accrue interest until fully repaid; and (B) be scheduled to be amortized over the remaining term of the loan. (m) Authorization of appropriations There are authorized to be appropriated for the cost of loans and loan guarantees under this section $20,000,000 for each of fiscal years 2015 through 2019. 9. Healthy homes (a) Federal initiative To support healthy housing and eradicate housing-Related health hazards The Secretary, acting through the Director of the Office of Healthy Homes and Lead Hazard Control and in consultation with the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Director of the National Institute of Standards and Technology, the Director of the National Institute of Environmental Health Sciences, and the Director of the Centers for Disease Control, shall lead the Federal initiative to support healthy housing and eradicate housing-related health hazards by— (1) reviewing, monitoring, and evaluating Federal housing, health, energy, and environmental programs and identifying areas of overlap and duplication that could be improved; (2) identifying best practices and model programs, including practices and programs that link services for low-income families and services for health hazards; (3) identifying best practices for finance products, building codes, and regulatory practices; (4) researching training programs and work practices that can accurately assess housing-related health hazards; (5) promoting collaboration among Federal, State, local, and tribal agencies and non-governmental organizations; and (6) coordinating with all relevant Federal agencies. (b) Assessment The Secretary shall conduct a collaborative, interagency assessment of best practices for— (1) coordinating activities relating to healthy housing; (2) removing unnecessary barriers to interagency coordination in Federal statutes and regulations; and (3) creating incentives in programs of the Federal Government to advance the complementary goals of improving environmental health, energy conservation, and the availability of housing. (c) Study and report on sustainable building features and indoor environmental quality in housing (1) Study The Secretary, in consultation with the Secretary of Energy, the Director of the National Institute of Standards and Technology, the Director of the National Institute of Environmental Health Sciences, the Director of the Centers for Disease Control, and any other Federal agency that the Secretary determines is appropriate, shall conduct a detailed study of how sustainable building features in housing, such as energy efficiency, affect— (A) the quality of the indoor environment; (B) the prevalence of housing-related health hazards; and (C) the health of occupants of the housing. (2) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Financial Services and the Committee on Appropriations of the House of Representatives a report containing the results of the study under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 10. Ineligibility of individuals who are not lawfully present (a) In general No housing assisted using a grant under this Act may be made available to an individual who is not lawfully present in the United States. (b) Rule of construction Nothing in this Act may be construed to alter the restrictions or definitions under section 214 of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a

Livable Communities Act of 2014

10 Million Solar Roofs Act of 2014 - Requires the Department of Energy (DOE) to establish a program to provide rebates for the purchase and installation of photovoltaic systems with the goal to install 10 million systems with a cumulative capacity of at least 60,000 megawatts over the next ten years. Includes within the photovoltaic system solar panels, roof support structures, inverters (to convert the current output from a solar panel into a frequency that can be fed into the electrical grid), an energy storage system if it is integrated with the system, and any other hardware necessary for the installation of a system.

113 S2901 IS: 10 Million Solar Roofs Act of 2014 U.S. Senate 2014-09-18 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. 2901 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Sanders Mr. Merkley Mrs. Boxer Mr. Harkin Mr. Whitehouse Mr. Menendez Committee on Energy and Natural Resources A BILL To increase the quantity of solar photovoltaic electricity by providing rebates for the purchase and installation of an additional 10,000,000 photovoltaic systems by 2024, and for other purposes. 1. Short title This Act may be cited as the 10 Million Solar Roofs Act of 2014 2. Findings Congress finds that— (1) there is enormous potential for increasing the quantity of electricity produced in the United States from distributed solar photovoltaic systems; (2) as the market for solar technology continues to grow, the industry will achieve economies of scale that make the cost of solar-generated electricity broadly competitive with the cost of electricity from fossil fuels; (3) producing electricity from distributed solar photovoltaic systems helps to reduce greenhouse gas emissions and does not result in emissions of harmful air pollutants such as mercury, sulfur dioxide, and nitrogen oxides; (4) increasing the quantity of electricity generated from domestic renewable energy sources enhances national energy security; (5) investments in solar energy and other renewable energy sources lead to the creation of green jobs that provide substantial economic benefits; (6) the United States solar industry employed more than 140,000 people spread across all 50 States in 2013, which is a 53 percent increase over 2010, according to the Solar Foundation; and (7) the solar industry is investing almost $15,000,000,000 in the United States economy annually, according to GTM Research and the Solar Energy Industries Association. 3. Definitions In this Act: (1) Photovoltaic system The term photovoltaic system (A) solar panels; (B) roof support structures; (C) inverters; (D) an energy storage system, if the energy storage system is integrated with the photovoltaic system; and (E) any other hardware necessary for the installation of a photovoltaic system. (2) Secretary The term Secretary 4. Rebates for purchase and installation of photovoltaic systems (a) In general The Secretary shall establish a program under which the Secretary shall provide rebates to eligible individuals or entities for the purchase and installation of photovoltaic systems for residential and commercial properties in order to install, over the 10-year period beginning on the date of enactment of this Act, at least an additional 10,000,000 photovoltaic systems in the United States (as compared to the number of photovoltaic systems installed in the United States as of the date of enactment of this Act) with a cumulative capacity of at least 60,000 megawatts. (b) Eligibility (1) In general To be eligible for a rebate under this section— (A) the recipient of the rebate shall be a homeowner, business, nonprofit entity, or State or local government that purchased and installed a photovoltaic system for a property located in the United States; and (B) the recipient of the rebate shall meet such other eligibility criteria as are determined to be appropriate by the Secretary. (2) Other entities After public review and comment, the Secretary may identify other individuals or entities located in the United States that qualify for a rebate under this section. (c) Amount Subject to subsection (d)(2), the amount of a rebate provided to an eligible individual or entity for the purchase and installation of a photovoltaic system for a property under this section shall be equal to the lesser of— (1) 15 percent of the initial capital costs for purchasing and installing the photovoltaic system, including costs for hardware, permitting and other soft costs (2) $10,000. (d) Intermediate report As soon as practicable after the end of the 5-year period beginning on the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and publish on the website of the Department of Energy, a report that describes— (1) the number of photovoltaic systems for residential and commercial properties purchased and installed with rebates provided under this section; and (2) any steps the Secretary will take to ensure that the goal of the installation of an additional 10,000,000 photovoltaic systems in the United States is achieved by 2024. (e) Relationship to other law The authority provided under this section shall be in addition to any other authority under which credits or other types of financial assistance are provided for installation of a photovoltaic system for a property. 5. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.

10 Million Solar Roofs Act of 2014

Microbead-Free Waters Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the distribution of a cosmetic that contains synthetic plastic microbeads beginning on January 1, 2018.

113 S2902 IS: Microbead-Free Waters Act of 2014 U.S. Senate 2014-09-18 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. 2902 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To prohibit the sale or distribution of certain cosmetics containing synthetic plastic microbeads. 1. Short title This Act may be cited as the Microbead-Free Waters Act of 2014 2. Prohibition against sale or distribution of certain cosmetics containing synthetic plastic microbeads (a) In general Section 601 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 (f) If it is a cosmetic identified by the Secretary under section 2(c)(2) of the Microbead-Free Waters Act of 2014 . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2018. (c) Rulemaking Not later than January 1, 2017, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate a final rule that, for purposes of subsection (f) of section 601 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a))— (1) defines the term synthetic plastic microbead (2) identifies the cosmetics to which such subsection (f) shall apply.

Microbead-Free Waters Act of 2014

Stop Militarizing Law Enforcement Act - Revises the authority the Secretary of Defense (DOD) to transfer excess DOD property, including small arms and ammunition, to federal and state agencies for law enforcement activities to: repeal provisions authorizing the transfer of property the Secretary determines is suitable for use in counter-drug and counter-terrorism activities; repeal provisions directing the Secretary to carry out such transfers in consultation with the Director of National Drug Control Policy; condition such a transfer on the recipient certifying that it has the personnel and technical capacity to operate the property and will return property determined to be surplus to its needs; prohibit the transfer of specified weapons, materials, and equipment, including explosive ordnance, drones, and assault vehicles; and condition continuation of such program on the Secretary certifying that, for the prior fiscal year, recipients demonstrated 100% accountability for transferred property and complied with program requirements or were suspended or terminated from the program. Requires the Secretary to: (1) report to Congress and obtain prior approval by law before transferring any DOD property not previously made available for transfer; and (2) submit an annual written certification that a recipient has accounted for, and met transfer conditions for, any such transferred property. Requires the Defense Logistics Agency to maintain an Internet website on such transfers, unaccounted-for property, and suspended or terminated recipients. Prohibits the Federal Emergency Management Agency (FEMA) from permitting awards under a preparedness grant program to be used to buy, maintain, alter, deploy, or provide training in the use of specified tactical, surveillance, or explosives equipment, vehicles, or canines. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the use of Edward Byrne Memorial Justice Assistance Grant funds for the purchase, maintenance, alteration, or operation of lethal weapons or less-lethal weapons.

113 S2904 IS: Stop Militarizing Law Enforcement Act U.S. Senate 2014-09-18 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. 2904 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Coburn Committee on Armed Services A BILL To prevent the militarization of Federal, State, and local law enforcement by Federal excess property transfers and grant programs. 1. Short title This Act may be cited as the Stop Militarizing Law Enforcement Act 2. Additional limitations on transfer of Department of Defense personal property to Federal and State law enforcement agencies (a) Additional limitations (1) In general Section 2576a (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking subsection (b) the provisions of this section (II) in subparagraph (A), by striking , including counter-drug and counterterrorism activities (ii) in paragraph (2), by striking and the Director of National Drug Control Policy (B) in subsection (b)— (i) in paragraph (3), by striking and (ii) in paragraph (4), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: (5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; and (6) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense. ; (C) by striking subsection (d); and (D) by adding at the end the following new subsections: (d) Limitations on transfers The Secretary of Defense may not transfer under this section any property as follows: (1) Weapons, weapon parts, and weapon components, including camouflage and deception equipment, and optical sights. (2) Weapon system specific vehicular accessories. (3) Demolition materials. (4) Explosive ordinance. (5) Night vision equipment. (6) Tactical clothing, including uniform clothing and footwear items, special purpose clothing items, and specialized flight clothing and accessories. (7) Drones. (8) Combat, assault, and tactical vehicles, including Mine-Resistant Ambush Protected (MRAP) vehicles. (9) Training aids and devices. (e) Approval by law required for transfer of property not previously transferrable (1) In the event the Secretary of Defense proposes to make available for transfer under this section any property of the Department of Defense not previously made available for transfer under this section, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: (A) A description of the property proposed to be made available for transfer. (B) A description of the conditions, if any, to be imposed on use of the property after transfer. (C) A certification that transfer of the property would not violate a provision of this section or any other provision of law. (2) The Secretary may not transfer any property covered by a report under this subsection unless authorized by a law enacted by Congress after the date of the receipt of the report by Congress. (f) Annual certification accounting for transferred property (1) The Secretary of Defense shall submit to the appropriate committees of Congress each year a certification in writing that each recipient to which the Secretary has transferred property under this section during the preceding fiscal year— (A) has provided to the Secretary documentation accounting for all property the Secretary has previously transferred to such recipient under this section; and (B) has complied with paragraphs (5) and (6) of subsection (b) with respect to the property so transferred during such fiscal year. (2) If the Secretary cannot provide a certification under paragraph (1) for a recipient, the Secretary may not transfer additional property to such recipient under this section, effective as of the date on which the Secretary would otherwise make the certification under this subsection, and such recipient shall be suspended or terminated from further receipt of property under this section. (g) Conditions for extension of program Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to the appropriate committees of Congress a certification that for the preceding fiscal year that— (1) each recipient agency that has received property under this section has— (A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or (B) been suspended or terminated from the program pursuant to paragraph (4); (2) with respect to each non-Federal agency that has received property under this section, the State Coordinator responsible for each such agency has verified that the State Coordinator or an agent of the State Coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); (3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); (4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended or terminated; and (5) each State Coordinator has certified, for each non-Federal agency located in the State for which the State Coordinator is responsible that— (A) the agency has complied with all requirements under this section; or (B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated; and (6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that— (A) the agency has complied with all requirements under this section; or (B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated. (h) Website The Defense Logistics Agency shall maintain, and update on a quarterly basis, an Internet website on which the following information shall be made publicly available in a searchable format: (1) A description of each transfer made under this section, including transfers made before the date of the enactment of the Stop Militarizing Law Enforcement Act, set forth by State, county, and recipient agency, and including item name, item type, item model, and quantity. (2) A list of all property transferred under this section that is not accounted for by the Defense Logistics Agency, including— (A) the name of the State, county, and recipient agency; (B) the item name, item type, and item model; (C) the date on which such property became unaccounted for by the Defense Logistics Agency; and (D) the current status of such item. (3) A list of each agency suspended or terminated from further receipt of property under this section, including State, county, and agency, and the reason for and duration of such suspension or termination. (i) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. (2) The term agent of a State Coordinator (3) The term State Coordinator . (2) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Return of property to Department of Defense Not later than one year after the date of the enactment of this Act, each Federal or State agency to which property described by subsection (d) of section 2576a of title 10, United States Code (as added by subsection (a)(1) of this section), was transferred before the date of the enactment of this Act shall return such property to the Defense Logistics Agency on behalf of the Department of Defense. 3. Use of Department of Homeland Security preparedness grant funds (a) Definitions In this section— (1) the term Agency (2) the term preparedness grant program (A) the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 (B) the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 (C) the Port Security Grant Program authorized under section 70107 (D) any other non-disaster preparedness grant program of the Agency. (b) Limitation The Agency may not permit awards under a preparedness grant program— (1) to be used to buy, maintain, or alter— (A) tactical law enforcement protective equipment, including— (i) ballistic helmets; (ii) ballistic shields; (iii) battle dress uniforms, coveralls, and jumpsuits worn during tactical operations, boots, or other specialized tactical clothing or footwear; and (iv) tactical protective padding; (B) explosive entry equipment; (C) portable or transportable explosive magazines; (D) head and face protection equipment, other than those to be used by certified bomb technicians; (E) robot and remotely piloted vehicles, including upgrades, attachments or tools for robots and remotely piloted vehicles; (F) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (G) tactical or armored vehicles; (H) law enforcement surveillance equipment; (I) long range hailing and warning devices; or (J) tactical entry equipment; or (2) to be used for, or to deploy or obtain training in the use or deployment of— (A) robots and remotely piloted vehicles; (B) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (C) explosive entry equipment; (D) law enforcement surveillance equipment; or (E) tactical operations. (c) Review of prior receipt of property before award In making an award under a preparedness grant program, the Agency shall— (1) determine whether the awardee has already received, and still retains, property from the Department of Defense pursuant to section 2576a (2) require that the award may not be used by the awardee to procure or obtain property determined to be retained by the awardee pursuant to paragraph (1). (d) Use of grant program funds for required return of property to DoD Notwithstanding any other provision of law, the use of funds by a State or local agency to return to the Department of Defense property transferred to such State or local agency pursuant to section 2676a 4. Use of Edward Byrne Memorial Justice Assistance Grant funds (a) Limitation Section 501(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by adding at the end the following: (3) The purchase, maintenance, alteration, or operation of— (A) lethal weapons; or (B) less-lethal weapons. . (b) Use of grant funds for required return of property to DoD Notwithstanding any other provision of law, the use of funds by a State agency or unit of local government to return to the Department of Defense property transferred to such agency or unit of local government pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of grant amounts under the Edward Byrne Memorial Justice Assistance Grant Program.

Stop Militarizing Law Enforcement Act

Carbon Pollution Transparency Act of 2014 - Requires the Director of the Congressional Budget Office (CBO) to calculate a carbon score for legislation. Requires the score to include projected net greenhouse gas emissions that would result from enactment and implementation of a bill or resolution and the appropriation of any amounts authorized in the legislation. Directs CBO to include the carbon score when carrying out provisions of the Congressional Budget Act of 1974 requiring a cost estimate for each bill or resolution reported by any congressional committee except the appropriations committees.

113 S2905 IS: Carbon Pollution Transparency 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. 2905 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Sanders Committee on the Budget A BILL To require the Director of the Congressional Budget Office to calculate a carbon score for each bill or resolution. 1. Short title This Act may be cited as the Carbon Pollution Transparency Act of 2014 2. Definitions In this Act: (1) Carbon score The term carbon score (A) from the enactment and implementation of a bill or resolution; and (B) if the amounts authorized to be appropriated, or otherwise made available, in the bill or resolution were fully appropriated. (2) Director The term Director (3) Greenhouse gas The term greenhouse gas 42 U.S.C. 7545(o)(1) (4) Net greenhouse gas emissions The term net greenhouse gas emissions 3. Carbon score (a) In general In carrying out section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 (b) Net greenhouse gas emissions baseline In calculating the carbon score under subsection (a), the Director shall base any calculation of the increase or decrease of the level of greenhouse gas emissions on a comparison with the level of greenhouse gas emissions occurring under current law. (c) Scope of calculated emissions In calculating the carbon score under subsection (a), the Director shall consider all likely changes in net greenhouse gas emissions, including— (1) any changes to net greenhouse gas emissions that would directly result from activities required to carry out the bill or resolution; and (2) any changes to net greenhouse gas emissions that would— (A) indirectly result from activities required to carry out the bill or resolution; and (B) not otherwise have occurred. (d) Established best practices In calculating the carbon score under subsection (a), the Director shall, to the maximum extent practicable, use established best practices for estimating emissions, such as— (1) lifecycle analysis; and (2) internationally recognized methodologies (such as guidelines from the International Panel on Climate Change). (e) Timeline The Director shall calculate the carbon score under subsection (a) on the same timeline as the Director carries out the analysis under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 4. Authorization of appropriations There are authorized to be appropriated to the Director such sums as are necessary to develop the expertise and capacity required to carry out the analyses required under section 3.

Carbon Pollution Transparency Act of 2014

Layoff Prevention Extension Act of 2014 - Amends the Middle Class Tax Relief and Job Creation Act of 2012 with respect to state short-time compensation programs that allow employers to reduce the workweek of their employees in lieu of layoffs. Extends federal financing of the programs for an additional year. Extends through December 31, 2015, the deadline for a state to submit to the Secretary of Labor its application for a short-time compensation program grant.

113 S2906 IS: Layoff Prevention Extension Act of 2014 U.S. Senate 2014-10-01 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. 2906 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Reed Mr. Harkin Mr. Whitehouse Committee on Finance A BILL To provide for the treatment and extension of temporary financing of short-time compensation programs. 1. Short title This Act may be cited as the Layoff Prevention Extension Act of 2014 2. Extension of temporary financing of short-time compensation payments in States with programs in law (a) In general Section 2162(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (26 U.S.C. 3304 note) is amended— (1) in paragraph (1)(B), by striking 3 years 4 years (2) in paragraph (2)— (A) in the heading, by striking Three-year Four-year (B) by striking 156 weeks 208 weeks (b) Technical correction Section 3306(v)(6) 26 U.S.C. 3306 or the Workforce Innovation and Opportunity Act 1998 3. Extension of deadline for submitting an application for grants for short-time compensation programs Section 2164(c)(1) of the Middle Class Tax Relief and Job Creation Act of 2012 (26 U.S.C. 3304 note) is amended by striking December 31, 2014 December 31, 2015

Layoff Prevention Extension Act of 2014

21st Century Energy Workforce Development Jobs Initiative Act of 2014 - Directs the Secretary of Energy (DOE) to establish a comprehensive program to improve the education and training of workers for energy-related jobs, with emphasis on increasing the number of skilled minorities and women trained to work in such jobs.

113 S2907 IS: 21st Century Energy Workforce Development Jobs Initiative Act of 2014 U.S. Senate 2014-09-18 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. 2907 IN THE SENATE OF THE UNITED STATES September 18, 2014 Ms. Landrieu Mr. Heinrich Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish and carry out a comprehensive program to improve education and training for energy-related jobs. 1. Short title This Act may be cited as the 21st Century Energy Workforce Development Jobs Initiative Act of 2014 2. Findings Congress finds that— (1) there are, as of the date of enactment of this Act and for well into the future, significant opportunities for African-Americans and Hispanic-Americans throughout the energy industry at each level of education and training, but raising the educational achievement for large segments of the upcoming generation is resource-intensive and will take decades to achieve, although the payoff of an increased skilled labor pool would be enormous to society in general and United States industry in particular; (2) African-Americans and Hispanic-Americans represent an important talent pool to help meet the demands of the projected growth in the energy industry, and workforce training and education in business, finance, science, technology, engineering, and mathematics will prove vital in achieving that growth, as noted by the American Petroleum Institute; (3) improving minority preparation in science-, technology-, engineering-, and mathematics-related disciplines at the primary and secondary school levels is crucial to increasing the share of minority science-based degree attainment in 4-year and 2-year programs of higher education, as well as for increasing attainment of vocational certificates; (4) the rates at which African-Americans and Hispanic-Americans attain employment in the energy industry is in part related to the choice of the field of study for college degrees (4-year or 2-year) and vocational certificates; (5) data from the National Center for Education Statistics suggest that, over the 2001 through 2010 period, African-American and Hispanic-American students chose and completed 4-year college degrees applicable to employment in the oil and natural gas industry at rates 1/5 1/2 (6) with respect to 2-year associate degrees and certificates, data from the National Center for Education Statistics suggest that over the same time period, African-American and Hispanic-American students chose and completed programs of study or training applicable to employment in the oil and natural gas industry at rates roughly 1/10 1/3 (7) the American Petroleum Institute projects 525,000 new job opportunities in the oil and natural gas industry by 2020, with 166,000, or 31 percent of the jobs, expected to be held by African-American and Hispanic-American workers, and, with forward-looking policies, that number could increase to a projected 811,000 new job opportunities, with more than 285,000, or 35 percent, of the jobs being filled by minorities, by 2030; (8) the American Petroleum Institute projects that more than 50 percent of all jobs created in the oil and natural gas industry by 2020 would be high-paying skilled and semiskilled blue collar jobs, with a significant range of opportunities at the scientific or managerial level requiring a college degree; (9) the American Petroleum Institute projects that over 1/2 (10) the National Mining Association reports that the coal mining industry supported a total of 805,680 jobs in 2011, including 204,580 direct jobs, including mine workers (143,520), support activities (7,280), and transportation (53,780); (11) broad occupational categories of potential job creation in the upstream oil and gas industry include— (A) management, business, and financial jobs; (B) professional and related jobs; (C) service jobs; (D) sales and related jobs; (E) office and administrative support jobs; (F) skilled blue collar jobs; (G) semiskilled blue collar jobs; and (H) unskilled blue collar jobs; (12) potential job creation in the upstream oil and gas industry by selected detailed occupational category include— (A) derrick, rotary drill, and service unit operators; (B) oil and gas roustabouts; (C) operating engineers and other construction workers; (D) equipment operators; (E) construction laborers; (F) first-line supervisors or managers of construction and extraction workers; (G) heavy and tractor-trailer truck drivers; (H) pump operators and wellhead pumpers; (I) helpers and other extraction workers; (J) petroleum engineers; and (K) secretaries; (13) the National Petroleum Council estimates that over the decade beginning on the date of enactment of this Act 30,000 miles of new long-distance natural gas pipelines will be needed to manage the new sources of shale natural gas supply, while a 2007 Survey of Business Owners of the Census Bureau estimated that a very small percentage of pipelines were owned by minority-owned and woman-owned firms compared to the total owned by nonminority males; (14) in 2013, the Energy Information Administration estimated that relatively low natural gas prices, maintained by growing shale natural gas production, will spur increased use of natural gas in the industrial and electric power sectors by 16 percent, from 6,800,000,000 cubic feet per year in 2011 to 7,800,000,000,000 cubic feet per year in 2025, while total consumption of natural gas in the United States will continue to grow in the electric power sector from 16 percent of generation in 2000 to 30 percent in 2040, which will lead to a significant number of new jobs in the natural gas sector; (15) the Energy Information Administration estimates natural gas production in the United States will increase annually, outpacing domestic consumption and making the United States a net exporter of natural gas by 2019, while continued low levels of liquefied natural gas imports, combined with increased United States exports of domestically sourced liquefied natural gas, position the United States as a net exporter of liquefied natural gas by 2016, creating an abundance of new jobs and investment opportunities; (16) the Energy Information Administration estimates that coal-fired electricity generation will remain a dominant resource in the total generation portfolio of the United States, representing 34 percent of United States baseload electricity in 2035; (17) in 2013, a report by the Bloomberg New Energy Finance research team estimated that clean energy investment is most likely to grow by 230 percent to a projected $630,000,000,000 annually in 2030, driven by further improvements in the cost-competitiveness of wind and solar technologies and an increase in the roll-out of nonintermittent clean energy sources (including hydropower, geothermal, and biomass) requiring additional investment in science, technology, engineering, and mathematics education; (18) a 2013 report by the Bloomberg New Energy Finance research team estimated that renewable energy projects (including wind, solar, hydropower, and biomass) will account for 70 percent of new power generation capacity between 2012 and 2030, and, by 2030, renewable energy will account for 1/2 (19) the Energy Information Administration found that since 2005 renewable energy has garnered more than $1,300,000,000,000 worth of investment and the Energy Information Administration estimates that global energy consumption will increase by 47 percent between 2010 and 2035, with clean energy providing more than 1/2 3. Definitions In this Act: (1) Institution of higher education The term institution of higher education Higher Education Act of 1965 (2) Program The term program (3) Secretary The term Secretary (4) STEM The term STEM 4. Comprehensive program for energy-related jobs for the 21st century (a) In general The Secretary shall establish and carry out a comprehensive program to improve education and training for energy-related jobs to increase the number of skilled minorities and women trained to work in energy-related jobs, including by— (1) encouraging minority and women students to enter into the energy STEM fields; (2) ensuring that the educational system of the United States is equipping students with the skills, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the energy industry of the United States; and (3) providing students and other candidates with the necessary skills and certifications for skilled, semiskilled, and highly skilled energy-related jobs. (b) Priority The Secretary shall make educating and training minorities and other workers for energy-related jobs a national priority under the program. (c) Direct assistance In carrying out the program, the Secretary shall provide direct assistance (including grants, technical expertise, mentorships, and partnerships) to community colleges, workforce development organizations, and minority-serving institutions. (d) Clearinghouse In carrying out the program, the Secretary shall establish a clearinghouse— (1) to maintain and update information and resources on training and workforce development programs for energy-related jobs; and (2) to act as a resource, and provide guidance, for schools, institutions of higher education, workforce development programs, and labor organizations that would like to develop and implement energy-related training programs. (e) Collaboration In carrying out the program, the Secretary shall— (1) collaborate with schools, institutions of higher education, workforce training organizations, labor organizations, National Laboratories, State energy offices, and the energy industry; (2) encourage and foster collaboration, men­tor­ships, and partnerships among organizations (including schools, institutions of higher education, workforce development organizations, labor organizations, and industry) that provide effective job training programs in the energy field and institutions (including schools, institutions of higher education, and workforce development programs) that seek to establish those types of programs to share best practices and approaches that best suit local, State, and national needs; and (3) collaborate with the Energy Information Administration and the Bureau of the Census to develop a comprehensive and detailed understanding of the energy workforce needs and opportunities by State and by region. (f) Guidelines for educational institutions (1) In general In carrying out the program, the Secretary, in collaboration with the Secretary of Education and the Secretary of Labor, shall develop guidelines for educational institutions of all levels, including for programs at elementary and secondary schools and institutions of higher education, to help provide graduates with the skills necessary to work in energy-related jobs. (2) Input The Secretary shall solicit input from the oil, gas, coal, renewable, nuclear, utility, and pipeline industries in developing guidelines under paragraph (1). (3) Energy efficiency and conservation initiatives The guidelines developed under paragraph (1) shall include grade-specific guidelines for teaching energy efficiency and conservation initiatives to educate students and families. (4) STEM education The guidelines developed under paragraph (1) shall promote STEM education as STEM education relates to job opportunities in energy-related fields of study in schools and institutions of higher education nationally. (g) Outreach to MSIs In carrying out the program, the Secretary shall— (1) give special consideration to increasing outreach to minority serving institutions (including historically black colleges and universities, predominantly black institutions, Hispanic-serving institutions, and tribal institutions); (2) make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy sector; and (3) encourage industry to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work and study programs. (h) Guidelines To develop skills for an energy industry workforce In carrying out the program, the Secretary shall collaborate with representatives from the energy industry (including the oil, gas, coal, nuclear, utility, pipeline, renewable, and nuclear sectors) to identify the areas of highest need in each sector and to develop guidelines for the skills necessary to develop a workforce trained to enter— (1) the energy efficiency industry, including work in energy efficiency, conservation, weatherization, or retrofitting, or as inspectors or auditors; (2) the pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors; (3) the utility industry, including as utility workers, linemen, electricians, pole workers, or repairmen; (4) alternative fuels, including work in biofuel development and production; (5) the nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel; (6) the oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists; (7) the renewable industry, including work in the development and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy); and (8) the coal industry, including work as coal miners, engineers, developers, and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, and mining equipment vendors. (i) Enrollment in training and apprenticeship programs In carrying out the program, the Secretary shall work with labor and community-based workforce organizations to help identify students and other candidates, including from historically underserved communities such as minorities, women, and veterans, to enroll into training and apprenticeship programs for energy-related jobs.

21st Century Energy Workforce Development Jobs Initiative Act of 2014

Affordable Health Insurance for the Middle Class Act - Amends the Internal Revenue Code to: (1) expand eligibility for the health care premium assistance refundable tax credit by defining an "applicable taxpayer" as a taxpayer whose household income does not exceed 600% of the federal poverty line (currently, 400%), and (2) increase the excise tax rate for small cigars and small cigarettes.

113 S2908 IS: Affordable Health Insurance for the Middle Class Act U.S. Senate 2014-09-18 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. 2908 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mrs. Feinstein Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan, and for other purposes. 1. Short title This Act may be cited as the Affordable Health Insurance for the Middle Class Act 2. Expanding eligibility for refundable credit for coverage under a qualified health plan (a) In general Subparagraph (A) of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking 400 percent 600 percent (b) Conforming amendments (1) The table contained in clause (i) of section 36B(b)(3)(A) of such Code is amended in the first column of the last row by striking 400% 600% (2) Clause (i) of section 36B(f)(2)(B) of such Code is amended— (A) by striking 400 percent 600 percent (B) in the first column of the last row of the table contained in such clause, by striking 400% 600% (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2014. 3. Increase in excise tax rate for small cigars and cigarettes (a) In general (1) Small cigars Section 5701(a)(1) $50.33 $52.83 (2) Small cigarettes Section 5701(b)(1) of such Code is amended by striking $50.33 $52.83 (b) Effective Date The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2014.

Affordable Health Insurance for the Middle Class Act

Global Food Security Act of 2014 - States the policy objective of promoting global food and nutrition security which is reinforced through programs that eradicate hunger and malnutrition, assist foreign countries with agricultural development, and ensure the effective use of U.S. taxpayer dollars to further these objectives. Requires the Administrator of the United States Agency for International Development (USAID) to coordinate the development and implementation of a Feed the Future Strategy to accomplish these policy objectives. Requires the Administrator to coordinate the efforts of federal departments and agencies in the implementation of the strategy by: (1) establishing policy coherence, monitoring, and evaluation systems across all relevant U.S. agencies; (2) establishing linkages with other initiatives and strategies at USAID and other departments and agencies; (3) establishing platforms for regular consultation and collaboration with key stakeholders; (4) leveraging the expertise of the Department of Agriculture (USDA); and (5) establishing and leading regular public consultations in partner countries. Requires the Administrator to submit reports to Congress describing the status of the implementation of the Feed the Future Strategy.

113 S2909 IS: Global Food Security Act of 2014 U.S. Senate 2014-09-18 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. 2909 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Casey Mr. Johanns Mr. Coons Mr. Isakson Mr. Cardin Mr. Boozman Committee on Foreign Relations A BILL To authorize a comprehensive strategic approach for United States foreign assistance to developing countries to end extreme global poverty and hunger, achieve food and nutrition security, promote endurable, long-term, agricultural-led economic growth, improve nutritional outcomes, especially for women and children, build resilient, adaptive, local capacity of vulnerable populations, and for other related purposes. 1. Short title This Act may be cited as the Global Food Security Act of 2014 2. Findings Congress makes the following findings: (1) According to the Food and Agriculture Organization (FAO), 805,000,000 people worldwide suffer from chronic hunger. Hunger and malnutrition rob people of health and productive lives and stunt the mental and physical development of future generations. (2) According to the January 2014 Worldwide Threat Assessment of the United States Intelligence Community report, the [l]ack of adequate food will be a destabilizing factor in countries important to U.S. national security that do not have the financial or technical abilities to solve their internal food security problems [f]ood and nutrition insecurity in weakly governed countries might also provide opportunities for insurgent groups to capitalize on poor conditions, exploit international food aid, and discredit governments for their inability to address basic needs (3) Decades of research have shown that there are multiple underlying causes of food insecurity and poor nutrition, including the lack of availability of, access to, and consumption of nutritious food, limited investments to improve agricultural productivity, insufficient value chains and market development for farmers, including small-scale producers, leading to post-harvest loss, and weak institutions in government and civil society. (4) Agriculture, which comprises large portions of the total labor force in many developing countries, is an essential component of inclusive economic growth. According to the World Bank’s 2008 World Development Report, growth in the agricultural sector has been twice as effective in reducing poverty as growth in other sectors. (5) Women, who are often heads of households and small farmers, are especially vulnerable to food insecurity. Women frequently face stricter constraints than men in accessing markets and resources. In its 2010–2011 report, the FAO estimated that if women farmers had the same access to inputs as men, they could increase their farm yields by 20 to 30 percent. According to the FAO, this could raise total agricultural output in developing countries by 2.5–4 percent (6) More than 165,000,000 children younger than 5 years of age, and 1 in 3 women in the developing world, suffer from malnutrition, which leads to severe health and developmental consequences. (7) Malnutrition can undermine future earning potential by as much as 20 percent and can inhibit economic growth by as much as 3 percent of gross domestic product (GDP). The African Union Commission Cost of Hunger in Africa study estimated that the economic costs associated with child undernutrition are substantial, ranging from 2 percent to 16 percent of the gross national product (GNP) in several African nations. (8) Research shows that adults who suffered from stunting as children are less productive than nonstunted workers and are less able to contribute to the economy. According to Save the Children’s 2013 Food for Thought report, if the current malnutrition rates continue, global output could be reduced by $125,000,000,000 by 2030, when the young children of today have reached working age. (9) A comprehensive approach to endurable food security should not only respond to emergency food shortages, but should also address malnutrition, resilience against food and nutrition insecurity due to disasters, building the capacity of poor, rural populations to improve their agricultural productivity, nutrition, and incomes, institutional impediments to agricultural development, value chain access and efficiency, agribusiness development, access to markets for the specific needs and barriers facing women and small-scale producers, education, and cooperative research. (10) An effective, sustainable approach to combating food insecurity requires participation from multiple stakeholders, including government, the private sector, international organizations, local and nongovernmental stakeholders, grassroots and civil society organizations, and higher education research institutions. (11) Nongovernmental organizations, faith-based groups, community-based organizations, and cooperatives can increase the effectiveness of public investments by building local capacity, strengthening food and nutrition security and resilience, and leveraging additional resources. (12) The United States has provided consistent global leadership in addressing food security and investing in agricultural development and humanitarian assistance. In 2010, the United States Government launched Feed the Future (FTF), an initiative designed to expand and better coordinate the United States investments in improving global food security. FTF is a whole-of-government approach that works across agricultural value chains and focuses on the dual objectives of improving farmer productivity, income, and livelihoods in developing countries and improving the nutrition of women and children. (13) The United States Government spearheaded the creation of the Global Agriculture and Food Security Program (GAFSP), which mobilizes contributions from a wide range of international donors to support the goals of FTF. Since 2010, the GAFSP has leveraged approximately $730,000,000 from 10 donors and reached an estimated 12,000,000 direct beneficiaries in 25 countries. 3. Policy objectives; sense of Congress (a) Statement of policy objectives It is in the national security interest of the United States to promote global food and nutrition security, consistent with national agriculture investment plans, which is reinforced through programs, activities, and initiatives that— (1) eradicate hunger and malnutrition, especially for women and children; (2) assist foreign countries to achieve long-term, endurable, and inclusive agricultural development by emphasizing— (A) increased agricultural productivity, income, and growth; (B) reduction in poverty; and (C) improved skills building and market linkages, including for small-scale producers and women who face specific constraints in accessing markets and resources; and (3) ensure the effective use of United States taxpayer dollars to further these objectives. (b) Sense of Congress It is the sense of the Congress that the Administrator, in providing assistance under this Act, should— (1) coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy set forth in section 5(a); (2) utilize, to the extent possible, open and streamlined solicitations to allow for the participation of a wide range of implementing partners; (3) consider the provision of assistance through the most appropriate contracting mechanism, whether it be grants, cooperative agreements, or contracts, in order to best meet objectives; and (4) continue to strengthen existing partnerships between developing country institutions of agricultural sciences with universities in the United States, with a focus on building the capacities of developing nation universities in agriculture. 4. Definitions (1) Administrator The term Administrator (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate (C) the Committee on Appropriations of the Senate (D) the Committee on Foreign Affairs of the House of Representatives (E) the Committee on Agriculture of the House of Representatives (F) the Committee on Appropriations of the House of Representatives (3) Feed the future innovation labs The term Feed the Future Innovation Labs (4) Feed the future strategy The term Feed the Future Strategy (5) Food and nutrition security The term food and nutrition security (6) Malnutrition The term malnutrition (7) Resilience The term resilience (8) Small-scale producer The term small-scale producer (9) Stunting The term stunting (A) is measured by a height-to-age ratio that is more than 2 standard deviations below the median for the population; (B) manifests in children who are younger than 2 years of age, and is a process that can continue in children after they reach 2 years of age, resulting in an individual being stunted (C) is a sign of chronic malnutrition; and (D) can lead to long-term poor health, delayed motor development, impaired cognitive function, and decreased immunity. 5. Comprehensive food security strategy (a) Feed the future strategy (1) In general The Administrator shall coordinate the development and implementation of a United States whole-of-government strategy to accomplish the policy objectives set forth in section 3(a), which shall— (A) support and be aligned with country-owned agriculture, nutrition, and food security policy and investment plans developed with input from relevant governmental and nongovernmental sectors within partner countries and regional bodies, including representatives of the private sector, agricultural producers, including women and small-scale producers, international and local civil society organizations, research institutions, and farmers; (B) support inclusive agricultural value chain development, with producers, including women and small-scale producers, gaining greater access to the inputs, skills, networking, bargaining power, financing, and market linkages needed to sustain their long-term economic prosperity; (C) seek to improve the nutritional status of women and children, especially during the critical 1,000-day window beginning at the beginning of a woman’s pregnancy and ending on her child’s second birthday; (D) ensure the long-term success of programs by building the capacity of local organizations and institutions; (E) harness science, technology, and innovation, including the research conducted at Feed the Future Innovation Labs throughout the United States; (F) leverage resources and expertise through partnerships with the private sector, farm organizations, cooperatives, civil society, research entities, and academic institutions; (G) support collaboration, as appropriate, between United States universities and public and private institutions in developing countries to promote agricultural development and innovation; (H) set clear and transparent selection criteria for target countries, regions, and intended beneficiaries of assistance provided under this Act; (I) set specific and measurable goals, targets, and time frames, and a plan of action consistent with the policy objectives described in the Feed the Future Strategy; (J) ensure that target countries respect and promote the lawful land tenure rights of local communities, particularly those of women and small-scale producers; and (K) include criteria and methodology for graduating countries from United States assistance provided under this Act once the countries have achieved certain benchmarks. (2) Governing law In carrying out the purposes of this Act, assistance may be provided pursuant to section 103, section 103A, title XII of chapter 2 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a (b) Feed the future coordination The Administrator shall coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the Feed the Future Strategy by— (1) establishing policy coherence, monitoring and evaluation systems, and coordination across all relevant United States Government agencies; (2) establishing linkages with other initiatives and strategies of the United States Agency for International Development, the Department of Agriculture, the Department of State, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Peace Corps, the United States Trade Representative, the United States Africa Development Foundation, the Department of Commerce, the Department of the Treasury, and the United States Geological Survey; (3) establishing platforms for regular consultation and collaboration with key stakeholders, including— (A) multilateral institutions; (B) private voluntary organizations; (C) cooperatives; (D) the private sector; (E) local nongovernmental and civil society organizations; (F) congressional committees; and (G) other stakeholders, as appropriate; (4) leveraging the expertise of the Department of Agriculture in agricultural development, nutrition, trade, research, and education; and (5) establishing and leading regular public consultations in partner countries. 6. Reporting (a) In general Not later than 1 year after the date of the enactment of this Act, and not later than December 31 of each year thereafter through 2020, the Administrator shall submit a report to the appropriate congressional committees that describes the status of the implementation of the Feed the Future Strategy. (b) Content The report required under subsection (a) shall— (1) contain an appendix of the Feed the Future Strategy; (2) identify any substantial changes made in the Feed the Future Strategy during the preceding calendar year; (3) identify the indicators that will be used to measure results, set benchmarks for progress over time, and establish mechanisms for reporting results in an open and transparent manner; (4) describe the progress made in implementing the Feed the Future Strategy; (5) assess the progress and results of implementing international food and nutrition security programming; (6) contain a transparent, open, and detailed accounting of spending under this Act by all relevant Federal agencies; (7) identify any United States legal or regulatory impediments that could obstruct the effective implementation of the programming referred to in paragraph (5); (8) contain a clear gender analysis of programming that includes established disaggregated gender indicators to better analyze outcomes for food productivity, income growth, equity in access to inputs, jobs and markets, and nutrition; (9) describe the strategies and benchmarks for graduating target countries and monitoring any graduated target countries; (10) assess efforts to coordinate United States international food security and nutrition programs, activities, and initiatives with— (A) other bilateral donors; (B) international and multilateral organizations; (C) international financial institutions; (D) host country governments; (E) international and local private voluntary, nongovernmental, and civil society organizations; and (F) other stakeholders; (11) assess United States Government-facilitated private investment in related sectors in target countries; (12) assess the impact of private sector investment on— (A) the economic opportunities available to small-scale producers; (B) improving international food and nutrition security; and (C) enhancing endurable, long-term agricultural development; (13) include consultation with relevant United States Government agencies in the preparation of the report; and (14) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders. (c) Public availability of information The information referred to in subsection (b) shall be made publicly accessible in a timely manner on a consolidated website. (d) Government Accountability Office report During the 1-year period ending on December 31, 2018, the Comptroller General of the United States shall publish a report that summarizes the progress of the strategy described in section 5(a). 7. Authorization of appropriations There are authorized to be appropriated to the President to carry out this Act, for each of the fiscal years 2015 through 2020, an amount equal to the amount of funds made available for food security and agricultural development programs for fiscal year 2014 under section 7060(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 Public Law 113–76

Global Food Security Act of 2014

Fairness and Independence in Redistricting Act - Prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to comply with the U.S. Constitution or enforce the Voting Rights Act of 1965. Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court. Prescribes requirements for: (1) establishment of a state independent redistricting commission (including provisions for holding each of its meetings in public and maintaining a public Internet website); (2) development of a redistricting plan (including soliciting and considering public comments) and its submission to the state legislature (with public notice of plans at least seven days prior to such submission); (3) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located; (4) special rules for redistricting conducted under a federal court order; and (5) Election Assistance Commission payments to states for carrying out redistricting.

113 S2910 IS: Fairness and Independence in Redistricting Act U.S. Senate 2014-09-18 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. 2910 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Johnson of South Dakota Mr. Udall of New Mexico Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. 1. Short Title; Finding of Constitutional Authority (a) Short Title This Act may be cited as the Fairness and Independence in Redistricting Act (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting 2 U.S.C. 2c A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress Voting Rights Act of 1965 52 U.S.C. 10301 et seq. 3. Requiring Redistricting to be Conducted Through Plan of Independent State Commission or Plan of Highest State Court (a) Use of Plan Required (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with— (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Other criteria and procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress 2 U.S.C. 2a(c) in the manner provided by the law thereof in the manner provided by the Fairness and Independence in Redistricting Act 4. Independent Redistricting Commission (a) Administrative Matters (1) Appointment of members Each State shall establish an independent redistricting commission composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 1) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility An individual is eligible to serve as a member of an independent redistricting commission if— (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress 2 U.S.C. 2a (4) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline Each State shall establish a commission under this section, and the members of the commission shall appoint the commission’s chair, not later than the first February 1 which occurs after the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission’s chair in accordance with paragraph (1)(A). (7) Requiring all meetings to be open to public The commission shall hold each of its meetings in public. (8) Internet Web site As soon as practicable after establishing the commission, the State shall establish and maintain a public Internet Web site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission’s activities. (b) Development of Redistricting Plan (1) Criteria The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the one person, one vote (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission Internet Web site and other methods. (4) Public notice of plans prior to submission to legislature Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission Internet Web site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature (1) In general At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature After receiving any redistricting plan under paragraph (1), the legislature of a State may— (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan (A) In general A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if— (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval For Actions The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination (1) In general The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. 5. Selection of Plan by Courts (a) State Court (1) Submission and selection of plan If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court (1) Failure of State court to select plan (A) Notice to court if plan not selected by State court If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by Federal court Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of State to establish commission (A) In general If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice— (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. 6. Special Rule For Redistricting Conducted Under Order of Federal Court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission’s chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e), respectively) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. 7. Payments to States For carrying out Redistricting (a) Authorization of Payments Subject to subsections (c) and (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 8. State Apportionment Notice Defined In this Act, the term State apportionment notice An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress 2 U.S.C. 2a 9. No Effect on Elections for State and Local Office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 10. Effective Date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.

Fairness and Independence in Redistricting Act

Super Pollutants Act of 2014 - Establishes requirements for agencies to evaluate, mitigate, reduce, and report on the following short-lived climate pollutant emissions (non-carbon dioxide pollutants that contribute to global warming even though they stay in the atmosphere for only a short time): black carbon (soot emissions that absorb sunlight, reduce the reflectivity of snow and ice when deposited on them, and generate heat), methane, and high global warming potential hydrofluorocarbons (high-GWP HFC). Requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation to address these pollutants through an action plan. Directs the Department of State to develop a comprehensive plan to reduce black carbon emissions from international shipping. Requires the U.S. Agency for International Development (USAID) to prioritize black carbon mitigation activities as part of aid distribution activities. Requires the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to evaluate the availability of high-GWP HFC alternatives. Amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. Requires the EPA to determine whether the sale of R-134a automotive air-conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. Requires the State Department, the DOE, the EPA, and the Department of Commerce to provide other countries with technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. Directs the EPA to establish an inspection and maintenance program for equipment that has high leak rates of methane gas.

113 S2911 IS: Super Pollutants Act of 2014 U.S. Senate 2014-09-18 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. 2911 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Murphy Ms. Collins Mrs. Feinstein Mr. Sanders Mr. Coons Ms. Klobuchar Mr. Menendez Mr. Whitehouse Mr. Merkley Mr. King Ms. Warren Committee on Environment and Public Works A BILL To establish a task force to review policies and measures to promote, and to develop best practices for, reduction of short-lived climate pollutants, and for other purposes. 1. Short title This Act may be cited as the Super Pollutants Act of 2014 2. Findings Congress makes the following findings: (1) Short-lived climate pollutants account for 40 percent of global warming currently impacting the atmosphere, even though such pollutants account for a much smaller percentage of warming agents by weight. (2) Reducing short-lived climate pollutant emissions could— (A) prevent more than 2,000,000 premature deaths each year, according to the United Nations Environment Programme (UNEP); (B) prevent more than 30,000,000 tons of crop losses each year, according to UNEP; (C) cut the rate of sea level rise by 25 percent, according to the National Center for Atmospheric Research and the Scripps Institution of Oceanography; (D) cut the rate of warming by up to 0.6 degrees Celsius by 2050, according to UNEP; and (E) significantly contribute toward the overall global target of holding increased warming below 2 degrees Celsius. (3) The United States is one of the world’s largest consumer of hydrofluorocarbons and is providing significant innovation in the development of low global warming potential (low-GWP) al­ter­na­tives. (4) The United States could serve as a leader and exemplar of responsibly phasing down hy­dro­fluo­ro­car­bon production and consumption. (5) The Montreal Protocol on Substances that Deplete the Ozone Layer has been an extraordinarily successful model for protecting the stratospheric ozone layer and achieving significant climate protection co-benefits. Since the treaty was signed in 1987, there has been a 98 percent reduction in ozone-depleting substances. (6) The interagency Strategy to Reduce Methane Emissions, released in March 2014, outlines a proactive agenda for reducing methane leakage and waste throughout the United States economy. 3. Definitions In this Act: (1) High–GWP HFC The term high-GWP HFC (2) Short-lived climate pollutant The term short-lived climate pollutant (A) black carbon; (B) methane; and (C) high-GWP HFC. 4. Interagency Task Force on Short-Lived Climate Pollutant Mitigation (a) Establishment Not later than 90 days after the date of the enactment of this Act, the President shall establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation (referred to in this section as the Task Force (b) Members The Task Force shall include the head of all relevant Federal agencies (or their designated representatives), including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration. (c) Duties The Task Force shall— (1) review the policy recommendations made by the Interagency Climate Change Adaptation Task Force, the Interagency Strategy to Reduce Methane Emissions, the March 2012 report to Congress on Black Carbon, and the Council on Climate Preparedness and Resilience; (2) incorporate any appropriate proposals or recommendations made by the entities or reports referred to in paragraph (1) that are relevant to short-lived climate pollutants into the Task Force’s action plan; (3) identify relevant Federal programs that are or could be addressing the reduction of short-lived climate pollutants in the United States and worldwide; (4) identify overlapping and duplicative programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining; (5) identify gaps and serious deficiencies in United States programs targeted at short-lived climate pollutants, including those that can be achieved through a combination of assessment, scientific research, monitoring, and technological development activities; (6) not later than 18 months after the date of the enactment of this Act, submit a report to Congress on the findings and recommendations resulting from the activities described in paragraphs (1) through (5); and (7) in developing recommendations, consult with affected stakeholders in private industry. (d) Emission reduction plans Not later than 180 days after the date of the enactment of this Act, each Federal agency shall submit a report to the appropriate congressional committees that includes— (1) the agency’s plans for meeting the goals set forth in section 2 of Executive Order 13514 (October 5, 2009) to reduce hydrofluorocarbons, methane, and related indirect emissions, including tropospheric ozone, by the Federal Government; and (2) specific plans to purchase cleaner alternatives to high-GWP HFC whenever feasible and to transition over time to equipment that uses safer and more sustainable alternatives to high-GWP HFC. 5. Reduction of black carbon emissions (a) Comprehensive plan (1) In general Through the United States membership in the International Maritime Organization, the Secretary of State, in consultation with the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions from international shipping through— (A) a clean freight partnership; (B) the inclusion of limits on black carbon; and (C) efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities. (2) Roadmap A principal objective of the plan developed pursuant to paragraph (1) should be the creation, in coordination with the Department of Transportation, of a roadmap toward helping countries reduce fine-particle emissions (PM2.5) in the shipping sector through— (A) the installation of advanced emissions controls; and (B) the reduction of sulfur content in fuels. (b) Black carbon emissions reduction goals In advance of and upon assuming the Chair of the Arctic Council, the Secretary of State should— (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal; and (2) encourage observers of the Arctic Council (including India and China) to adopt national black carbon emissions reduction goals. (c) Climate and Clean Air Coalition Through the United States membership in the Climate and Clean Air Coalition to Reduce Short Lived Climate Pollutants (referred to in this section as the Coalition (1) to work with the Coalition to craft specific financing mechanisms for the incremental cost of international black carbon mitigation activities; and (2) to request that the Coalition produce a report of black carbon mitigation financing options. (d) Black carbon mitigation activities (1) Prioritization The Administrator of the United States Agency for International Development shall prioritize black carbon mitigation activities as part of aid distribution activities and give special emphasis to projects that produce substantial environmental and public health benefits, including support for clean-burning cookstoves and fuels. (2) Emissions reductions The Secretary of State, in collaboration with the Environmental Protection Agency and the Department of Transportation, should further aid international efforts to reduce black carbon emissions from diesel trucks, 2-stroke engines, diesel generators, and industrial pro­cess­es by providing technical assistance— (A) to help developing nations lower the sulfur content of their diesel fuels; (B) to expand access to diesel particulate filters; (C) to provide vehicle manufacturers with low-emission engine designs; (D) to work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions; and (E) to develop other mitigation activities, including energy efficiency alternatives for generators and industrial processes. 6. Global reductions in high-GWP fluorinated gases (a) Sense of Congress (1) Actions by environmental protection agency It is the sense of Congress that the Administrator of the Environmental Protection Agency should— (A) amend any regulations issued under section 608 of the Clean Air Act ( 42 U.S.C. 7671g (i) to include hydrofluorocarbons; and (ii) to expand initiatives relating to the recovery and reclamation of hy­dro­fluo­ro­car­bons. (B) cooperate with the Secretary of Energy in considering modifications to the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a (i) achieve best-in-class energy efficiency savings; and (ii) utilize low global warming potential refrigerants and foam-blowing agents; and (C) remove high global warming potential hydrofluorocarbons from the Significant New Alternatives Policy Program authorized under section 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for applications in which the Administrator has identified other alternatives that— (i) are currently or potentially available; and (ii) reduce the overall risk to human health and the environment. (2) Sense of the senate It is the sense of the Senate that an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer should ensure a smooth, technically feasible transition away from high-GWP HFC. (b) Study on high-GWP HFC alternatives Not later than 2 years after the date of the enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency, in collaboration with the National Institute of Standards and Technology, shall evaluate the availability of high-GWP HFC alternatives and submit a report to Congress that— (1) identifies— (A) the standards or regulatory barriers that are preventing the use of alternatives to high-GWP HFC in the United States that are in widespread use in other countries; (B) which standards or regulations need to be revised; and (C) what actions will be necessary to revise such standards or regulations; and (2) sets forth a plan for revising the standards referred to in paragraph (1) in the shortest possible time frame. (c) Prohibition of HCFC–22 air conditioning condensing equipment (1) Amendment Section 605 of the Clean Air Act ( 42 U.S.C. 7671d (e) HCFC–22 air conditioning condensing equipment Effective 1 year after the date of the enactment of the Super Pollutants Act of 2014 . (2) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations— (A) to carry out the amendment made by paragraph (1); and (B) to reduce the allocation of HCFC–22 consumption allowances commensurate with anticipated decreased demand resulting from the prohibition of uncharged condensing equipment under sections 605(e) of the Clean Air Act, as added by paragraph (1). (d) R–134 a (1) Study The Administrator of the Environmental Protection Agency shall conduct a study to determine whether the sale of R–134a automotive air conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. (2) Report Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). 7. Reduction of methane leakage (a) Technical guidance The Secretary of State, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce shall— (1) provide other countries with technical guidance on containment of emissions from gas drilling, landfills, coal mining, and agriculture when engaging with other governments, including trade delegations, under the auspices of Department of State’s Global Shale Gas Initiative; and (2) collaborate with— (A) the World Bank’s Global Gas Flaring Reduction Partnership; and (B) the Environmental Protection Agency’s Global Methane Initiative, Natural Gas STAR Program, and other voluntary reduction programs. (b) Gas pipeline infrastructure (1) Study (A) In general The Federal Energy Regulatory Commission, consistent with existing authority, shall conduct a study of methods utilized at facilities subject to the Commission’s jurisdiction to reduce leaks and venting across natural gas facilities. (B) Issues to be examined In conducting the study required under this paragraph, the Commission shall examine— (i) how the Commission’s treatment of just and reasonable rates for interstate transmission could be reformed to incent pipeline operators to recover fugitive methane emissions; (ii) how the Commission could coordinate with other agencies, including the Department of Energy, the Environmental Protection Agency, and the Pipeline and Hazardous Materials Safety Administration, to ensure the development of rigorous and technically sound standards; and (iii) whether new pipeline systems are being engineered to meet the highest achievable standards for leak avoidance prior to being granted a construction certificate. (2) Report Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to Congress that contains the results of the examination conducted pursuant to paragraph (1). (3) Inspection and maintenance program The Administrator of the Environmental Protection Agency shall establish a directed inspection and maintenance program that focuses on— (A) identifying the types of equipment throughout the production value chain that are most likely to have high leak rates; and (B) efforts on replacing or monitoring those types of equipment. (c) Financing conditions The U.S. Export-Import Bank and the Overseas Private Investment Corporation, when evaluating gas and oil-related projects for financial support, should condition financing for such projects upon— (1) the deployment of the best technology, methods, and management practices for detecting and repairing leaks of methane throughout the oil and gas production, processing, transportation, and distribution system; (2) the minimization of venting and inefficient or unnecessary flaring; and (3) the deployment of best technology, methods, and management practices for reducing emissions of other air pollution, especially volatile organic compounds and hazardous air pollutants.

Super Pollutants Act of 2014

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Adding Ebola to the FDA Priority Review Voucher Program Act - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act to add filoviruses, a family of viruses that includes the Ebola virus, to the list of tropical diseases under the priority review voucher program, which awards vouchers to sponsors of human drug applications that are approved to prevent or treat tropical diseases. (A voucher entitles the holder to have a future human drug application acted upon by the Food and Drug Administration (FDA) within six months.) Changes the process by which infectious diseases that do not significantly impact developed nations and disproportionately affect poor and marginalized populations can be designated as tropical diseases from rulemaking to order of the Secretary of Health and Human Services (HHS). Allows priority review vouchers to be transferred between sponsors of human drug applications any number of times. Reduces from 365 days to 90 days the advance notice required before submitting a human drug application subject to a priority review voucher.

S2917 ENR: Adding Ebola to the FDA Priority Review Voucher Program Act 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. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2917 IN THE SENATE OF THE UNITED STATES AN ACT To expand the program of priority review to encourage treatments for tropical diseases. 1. Short title This Act may be cited as the Adding Ebola to the FDA Priority Review Voucher Program Act 2. Priority review to encourage treatments for tropical diseases Section 524 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n (1) in subsection (a)(3)— (A) by redesignating subparagraph (Q) as subparagraph (R); (B) by inserting after subparagraph (P) the following: (Q) Filoviruses. ; and (C) in subparagraph (R), as so redesignated, by striking regulation by order of (2) in subsection (b)— (A) in paragraph (2), by adding There is no limit on the number of times a priority review voucher may be transferred before such voucher is used. (B) in paragraph (4), by striking 365 days 90 days Speaker of the House of Representatives Vice President of the United States and President of the Senate

Adding Ebola to the FDA Priority Review Voucher Program Act

Democracy Day Act of 2014 - Designates Federal Election Day, the next Tuesday after the first Monday in November in each even-numbered year, as a legal public holiday.

113 S2918 IS: Democracy Day Act of 2014 U.S. Senate 2014-11-12 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. 2918 IN THE SENATE OF THE UNITED STATES November 12, 2014 Mr. Sanders Committee on the Judiciary A BILL To designate Federal election day as a public holiday. 1. Short title This Act may be cited as the Democracy Day Act of 2014 2. Federal election day as a public holiday (a) In general Section 6103(a) Federal Election Day, the Tuesday next after the first Monday in November in each even-numbered year. . (b) Conforming amendment Section 241(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 20981(b) (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively.

Democracy Day Act of 2014

Copyright and Marriage Equality Act - Amends federal copyright law to revise the definition of "widow" or "widower" for purposes of provisions concerning the transfer of a copyright to an author's spouse or other next of kin following the author's death. Declares that an individual is the widow or widower of an author if the courts of the state in which the individual and the author were married (or, if the individual and the author were not married in any state but were validly married in another jurisdiction, the courts of any state) would find that the individual and the author were validly married at the time of the author's death. (Currently, only the author's surviving spouse under the law of the author's domicile at the time of death is considered a widow.)

113 S2919 IS: Copyright and Marriage Equality Act U.S. Senate 2014-11-12 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. 2919 IN THE SENATE OF THE UNITED STATES November 12, 2014 Mr. Leahy Committee on the Judiciary A BILL To amend title 17, United States Code, with respect to the definition of widow widower 1. Short title This Act may be cited as the Copyright and Marriage Equality Act 2. Definition of widow and widower in title 17 (a) In general Section 101 widow widower An individual is the widow widower . (b) Effective date The amendment made by subsection (a) shall apply with respect to the death of any author that occurs on or after the date of the enactment of this Act.

Copyright and Marriage Equality Act

Nazi Social Security Benefits Termination Act of 2014 - Makes any participant in Nazi persecution ineligible for: (1) Old Age, Survivors and Disability Insurance (OASDI) benefits under title II of the Social Security Act (SSA), and (2) Supplemental Security Income (SSI) benefits under SSA title XVI. Requires the Attorney General (AG), as soon as practicable after determining that an individual is a participant in Nazi persecution, to notify the Commissioner of Social Security of the individual's identity and residence. Directs the AG, in cooperation with the Commissioner, to report to Congress specified information regarding such individuals.

113 S2920 IS: Nazi Social Security Benefits Termination Act of 2014 U.S. Senate 2014-11-13 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. 2920 IN THE SENATE OF THE UNITED STATES November 13, 2014 Mr. Casey Mr. Schumer Mr. Nelson Committee on Finance A BILL To deny Social Security benefits and other benefits to individuals who participated in Nazi persecution. 1. Short title This Act may be cited as the Nazi Social Security Benefits Termination Act of 2014 2. Findings Congress finds the following: (1) The United States of America serves as a beacon of refuge to thousands of victims fleeing religious, ethnic, racial, and other forms of persecution around the world and has become the home to thousands of survivors of the Nazi Holocaust. (2) In order to safeguard the integrity of the refugee and asylum system that has provided safety to those who fled the Holocaust, and in order to ensure that those survivors do not have to share their adopted homeland with their former persecutors, the policy of the United States has been that this country should not provide safe haven for those who participated in acts of Nazi persecution. (3) Congress enacted laws specifically to exclude or to remove participants of Nazi persecution from the United States and never intended that those individuals should be entitled to the benefits of citizenship or residency. 3. Denial of Federal Public Benefits to Nazi Persecutors (a) In General The following paragraphs shall apply notwithstanding any other provision of law: (1) Social security benefits A participant in Nazi persecution is not eligible for any benefit under sections 202 or 223 of the Social Security Act ( 42 U.S.C. 402 (2) Supplemental Security Income benefits A participant in Nazi persecution is not eligible for any benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. 42 U.S.C. 1382e Public Law 93–66 (b) Participant in Nazi persecution defined In this Act, the term participant in Nazi persecution (1) with respect to whom an order admitting the individual to citizenship has been revoked under section 340 of the Immigration and Nationality Act in any case in which such revocation is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution); or (2) who has lost status as a national of the United States by voluntary renunciation under section 349(a)(5) of the Immigration and Nationality Act pursuant to a settlement agreement entered into with the Attorney General in a matter in which such individual has admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution). (c) Notification of disqualification As soon as practicable after the Attorney General determines that an individual is a participant in Nazi persecution, the Attorney General shall notify the Commissioner of Social Security of the identity and residence of such individual. (d) Effective date This section shall apply with respect to benefits for months beginning after the date of the enactment of this Act. 4. Report (a) In General Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Attorney General shall, in cooperation with the Commissioner of Social Security, submit to Congress a report that includes the following with respect to the year preceding the submission of such report— (1) an identification of the total number of individuals that the Attorney General has determined to be participants in Nazi persecution; (2) an identification of the total number of individuals— (A) with respect to whom the Attorney General pursued revocation of citizenship under section 340 of the Immigration and Nationality Act based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such revocation was denied; and (B) with respect to whom the Attorney General pursued a settlement agreement with such individual for voluntary renunciation of status as a national of the United States in which such individual admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such agreement was not completed; (3) an identification of the total number of individuals with respect to whom the Attorney General is actively investigating participation in Nazi persecution; (4) an identification of the total number of individuals with respect to whom the Attorney General has submitted a notification of disqualification to the Commissioner of Social Security as required under section 3(c); and (5) an accounting of the amount and frequency of payments under sections 202 or 223 of the Social Security Act, title XVI of the Social Security Act, or section 212 of Public Law 93–66

Nazi Social Security Benefits Termination Act of 2014

Hong Kong Human Rights and Democracy Act - States that it is U.S. policy to: reaffirm the principles set forth in the United States-Hong Kong Policy Act of 1992; support the democratic aspirations of the people of Hong Kong; urge China's government to uphold its commitments to Hong Kong; support the establishment by 2017 of a democratic option to nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of democratic elections for all members of the Hong Kong Legislative Council; and support freedom of the press. Amends the United States-Hong Kong Policy Act of 1992 to direct the Secretary of State to report by March 31, 2015, to Congress on conditions in Hong Kong that are of U.S. interest, and annually thereafter for 10 years or until the Secretary certifies that Hong Kong has held free and fair elections for 2 consecutive Chief Executive and 2 consecutive Legislative Council periods. Directs the Secretary to certify annually to Congress whether Hong Kong is sufficiently autonomous to justify separate treatment different from that accorded to China in any new laws, agreements, treaties, or arrangements entered into between the United States and Hong Kong. Exempts from the certification requirement new laws, agreements, treaties, or arrangements that support human rights, rule of law, or democracy in Hong Kong. Authorizes the Secretary to waive the certification requirement if in U.S. national interests, and with congressional notification.

113 S2922 IS: Hong Kong Human Rights and Democracy Act U.S. Senate 2014-11-13 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. 2922 IN THE SENATE OF THE UNITED STATES November 13, 2014 Mr. Brown Mr. Cardin Mr. Rubio Mr. Wicker Mrs. Feinstein Mr. Merkley Committee on Foreign Relations A BILL To reinstate reporting requirements related to United States-Hong Kong relations. 1. Short title This Act may be cited as the Hong Kong Human Rights and Democracy Act 2. Findings Congress makes the following findings: (1) The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984 (in this Act referred to as the Joint Declaration (A) provided that the People’s Republic of China resumed sovereignty over Hong Kong on July 1, 1997; and (B) established a high degree of autonomy (2) The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (in this Act referred to as Basic Law (A) guarantees Hong Kong a high degree of autonomy (B) generally prohibits the central Government of the People's Republic of China from interfering in the affairs that Hong Kong administers on its own according to the Basic Law; (C) protects the rights to free speech, press, assembly, and religion; (D) provides that the socialist system and policies shall not be practiced in Hong Kong and that Hong Kong’s capitalist system and way of life shall remain unchanged for 50 years (the principle of one country, two systems (E) affirms the continuing applicability of the International Covenant on Civil and Political Rights to Hong Kong; (F) provides that the head of the Hong Kong Special Administrative Region shall be the Chief Executive; (G) provides that the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures (H) provides that the legislature of the Hong Kong Special Administrative Region shall be the Legislative Council; and (I) provides that the ultimate aim is the election of all the members of the Legislative Council by universal suffrage (3) The National People’s Congress Standing Committee (NPCSC) determined on December 29, 2007, that Hong Kong could elect the Chief Executive by universal suffrage beginning in 2017, and that Hong Kong could thereafter elect the Legislative Council by universal suffrage beginning in 2020. (4) The Chief Executive is currently selected by an Election Committee consisting of 1,200 members. In order to run, candidates for Chief Executive must currently receive the support of one-eighth of the members of the Election Committee, the majority of whom reportedly support or have ties to the Chinese Communist Party. (5) On August 31, 2014, the NPCSC determined that the 2017 election for the Chief Executive could be held by universal suffrage but that Hong Kong voters could only choose from two to three candidates, each of whom is to be chosen by a majority of a nominating committee similar to the current Election Committee that is heavily controlled by pro-Beijing members. (6) International standards for elections, including Article 21 of the Universal Declaration of Human Rights and Article 25 of the International Covenant on Civil and Political Rights, guarantee citizens the right to vote and to be elected in genuine periodic elections by universal and equal suffrage without unreasonable restrictions. (7) Hundreds of thousands of Hong Kong residents have consistently and peacefully expressed their dissatisfaction with the electoral reform plans of the Hong Kong government and the Government of the People's Republic of China, including the August 2014 NPCSC decision, and have called for a genuine choice in elections that meet international standards. Their peaceful and orderly protests have set an example for other democratic movements around the world, including those in mainland China who continue to fight for their fundamental freedoms. (8) Media reports indicate that Hong Kong police used tear gas and pepper spray against demonstrators on September 28, 2014, and that police allegedly failed to adequately protect demonstrators from mobs of counter-protestors, some of whom had affiliations with gangs known as triads (9) The United States enjoys close economic, social, and cultural ties with Hong Kong. According to the Department of State, 60,000 United States citizens live in Hong Kong, and 1,400 United States businesses have offices there. According to the Office of the United States Trade Representative, Hong Kong is the United States 18th largest trade partner and 9th largest goods export market. (10) Hong Kong’s unique status as an international finance center where the rule of law and the rights and freedoms of its citizens are protected has served as the foundation for Hong Kong’s stability and prosperity. (11) Section 301 of the Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 (12) Failure to establish a genuine democratic option to nominate and elect the Chief Executive of Hong Kong by 2017 and to establish open and direct democratic elections for all members of the Hong Kong Legislative Council by 2020 would reduce confidence in the commitment of the Government of the People’s Republic of China to uphold its obligations under international law, and would erode the ability of Hong Kong to retain a high degree of autonomy. (13) During an October 2014 session, the United Nations Human Rights Committee, consisting of 18 independent experts, reviewed China’s compliance with the International Covenant on Civil and Political Rights with respect to Hong Kong. According to the session’s chair, the Committee agreed on the need to ensure universal suffrage, which means both the right to be elected as well as the right to vote. The main concerns of Committee members were focused on the right to stand for elections without unreasonable restrictions. committee doesn’t want candidates filtered. The problem is that Beijing wants to vet candidates. (14) The Congressional-Executive Commission on China’s 2014 Annual Report found that press freedom in Hong Kong is under threat, including reports of violent attacks on individuals associated with the press, self-censorship among journalists, and pressure from the Hong Kong and central governments and mainland Chinese businesses. (15) The Hong Kong Journalists Association’s 2014 Annual Report noted that Hong Kong journalists rated self-censorship at 6.9 on a 10-point scale, which the Association considered a low level (16) Hong Kong ranked 61st among 180 countries in Reporters Without Borders' 2014 World Press Freedom Index, down three places from the previous year and a significant decline from 2002 when Hong Kong ranked 18th. (17) By providing timely, uncensored, accurate information in their native language, United States international broadcast services, through the Broadcasting Board of Governors, help those living in countries with poor human rights records, such as China, to better defend their human rights and hold their government accountable. 3. Statement of policy It is the policy of the United States— (1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992, namely that— (A) the United States has a strong interest in the continued vitality, prosperity, and stability of Hong Kong (B) support for democratization is a fundamental principle of United States foreign policy (C) the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong (D) human rights serve as a basis for Hong Kong’s continued economic prosperity (E) Hong Kong must remain sufficiently autonomous from the People’s Republic of China to justify a different treatment under a particular law of the United States, or any provision thereof, from that accorded the People’s Republic of China; (2) to support the democratic aspirations of the people of Hong Kong, as guaranteed to them by the Joint Declaration, the Basic Law, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights; (3) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to rule Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage; (4) to support the establishment by 2017 of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council; and (5) to support press freedom and journalistic independence, including the continuation of international broadcasting programming in Cantonese that is readily accessible to Cantonese speaking populations in China and in Hong Kong. 4. Reinstatement of reporting requirements related to United States-Hong Kong relations Section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 (1) by striking Not later than the Secretary of State Not later than March 31, 2015, and annually thereafter for 10 years or until such earlier date that the Secretary of State certifies that Hong Kong has held free and fair elections for two consecutive Chief Executive and two consecutive Legislative Council periods, the Secretary of State (2) by striking Speaker of the House of Representatives chairman of the Committee on Foreign Affairs of the House of Representatives (3) in paragraph (7), by striking ; and (4) in paragraph (8), by striking the period at the end and inserting ; and (5) by adding at the end the following new paragraph: (9) matters in which Hong Kong is given separate treatment under the laws of the United States from that accorded to the People’s Republic of China and in accordance with this Act. . 5. Treatment of Hong Kong under United States law Title II of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5721 et seq. 202a. Treatment of Hong Kong under United States law (a) Presidential certification requirement Hong Kong is ineligible for treatment different from that accorded the People's Republic of China under United States laws, agreements, or arrangements enacted or entered into after the date of the enactment of this Act unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify such different treatment. (b) Waiver authority The President may waive the application of subsection (a) if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notice of and justification for the waiver. .

Hong Kong Human Rights and Democracy Act

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act - Amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal a provision prohibiting the Alabama-Coushatta Tribe of Texas from conducting gaming activities on its lands if those gaming activities are prohibited by Texas. Requires the United States and the Alabama-Coushatta Tribe to execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to the aboriginal land of the Tribe or an interest in that land. Deems any claim by or on behalf of the Tribe against the United States or the state of Texas for the loss of aboriginal title to be extinguished.

114 S1457 IS: Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act U.S. Senate 2015-05-22 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 114th CONGRESS 1st Session S. 1457 IN THE SENATE OF THE UNITED STATES May 22, 2015 Mr. Tester Committee on Indian Affairs A BILL To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes. 1. Short title This Act may be cited as the Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act 2. Congressional findings and declaration of policy (a) Findings and declarations Congress finds and declares that— (1) it is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims; (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas— (A) established friendly relations with Indian tribes; (B) expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence; and (C) endeavored to protect the land and rights of the tribes; (3) the United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of tribes, including the Alabama-Coushatta Tribe of Texas (referred to in this Act as the Tribe (4) the land of the Tribe in southeastern Texas has been subject to illegal trespass and use, depriving the Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing; (5) in June 2000, the United States Court of Federal Claims ruled that— (A) the United States violated its fiduciary obligations to the Tribe by knowingly failing to protect 2,850,000 acres of the aboriginal lands of the Tribe in southeastern Texas; (B) that failure would have constituted a claim eligible to be heard by the Indian Claims Commission established by the first section of the Act of August 13, 1946 (60 Stat. 1049, chapter 959) (commonly known as the Indian Claims Commission Act (C) as described in House Resolution 69 (98th Congress) (November 1, 1983), it was the sense of the House of Representatives that the Federal Government should pay full monetary compensation to the Tribe for the loss of the 2,850,000 acres of aboriginal lands illegally occupied by non-Indian settlers after 1845; (6) in October 2002, the United States Court of Federal Claims adopted $270,600,000 as the jointly stipulated amount of economic damages to be recovered by the Tribe from the United States; (7) while the Tribe is asserting outstanding claims regarding the aboriginal lands of the Tribe, the Tribe has decided to forego, relinquish, waive, and otherwise extinguish any such claims, on the condition that Congress shall amend the 1987 Restoration Act of the Tribe, enacted as Public Law 100–89 25 U.S.C. 1300g et seq. (8) Congress desires to empower the Tribe to govern its own economic future and appreciates the willingness of the Tribe to forego the land claims described in paragraph (7) in exchange for improved economic self-sufficiency; (9) this Act represents a good faith effort on the part of Congress to compensate the Tribe for the loss of the aboriginal lands of the Tribe by providing the Tribe with an economic development opportunity under the same terms and conditions as other federally recognized Indian tribes, in exchange for the agreement of the Tribe to relinquish the land claims described in paragraph (7); and (10) in the absence of Congressional action, those land claims will be pursued through the courts, a process that in all likelihood will consume many years and thereby promote hostility and uncertainty in the State of Texas, to the ultimate detriment of the Tribe, the members of the Tribe, and all other citizens of the State of Texas. (b) Purposes The purposes of this Act are— (1) to recognize and compensate the Tribe for the loss of the aboriginal lands of the Tribe and the resulting loss of any economically productive use of those lands for decades; (2) to restore an economic development opportunity to the Tribe on terms that are equal and fair; (3) to resolve claims by the Tribe regarding the loss of the aboriginal lands of the Tribe; and (4) to insulate the Federal Government and taxpayers from potentially greater and ongoing liability from those claims. 3. Restoration Act amendment For the purpose of restoring an economic development opportunity on terms that are equal and fair, section 207 of Public Law 100–89 25 U.S.C. 737 4. Dismissal of land claims Not later than 180 days after the date of enactment of this Act, the United States and the Tribe shall execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to the aboriginal lands, or an interest in the aboriginal lands, of the Tribe. 5. Extinguishment of claims (a) Extinguishment Any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Tribe, or any predecessor in interest or any of the members of the Tribe, against the United States, the State of Texas, or any landowner, that is based on any interest in or right involving any land or natural resources, shall be regarded as extinguished. (b) Rule of construction Nothing in this section— (1) affects or limits the personal claim of an individual Indian (except for a Federal common law fraud claim) that is pursued under any law of general applicability that protects non-Indians as well as Indians; or (2) alters the status of land held in trust by the United States on behalf of the Tribe.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act

Reports Reduction Act of 2014 - Eliminates or modifies reporting requirements for programs of the: (1) Department of Agriculture (USDA), (2) Department of Defense (DOD), (3) Department of Education, (4) Department of Homeland Security (DHS), (5) U.S. Coast Guard, (6) Department of State, (7) Executive Office of the President, (8) National Aeronautics and Space Administration (NASA), and (9) National Science Foundation (NSF). Amends the Children's Health Act of 2000 to eliminate the report on blood lead screening tests received by children. Amends the Oil Pollution Act of 1990 to eliminate the annual reporting requirement on disbursements from the Oil Pollution Fund and the biennial report on the oil pollution research and development program. Eliminates the annual report of the Secretary of Housing and Urban Development (HUD) on the number of federally-assisted housing units under lease and their per unit cost to HUD. Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act to eliminate the reporting requirement on labor obligations. Eliminates the annual report on investigations of travel costs of federal employees on official business. Eliminates the requirement that the Harmonized Tariff Schedule of the United States be compiled and published in printed form.

113 S2925 IS: Reports Reduction Act of 2014 U.S. Senate 2014-11-13 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. 2925 IN THE SENATE OF THE UNITED STATES November 13, 2014 Mr. Warner Ms. Ayotte Committee on Homeland Security and Governmental Affairs A BILL To provide for the elimination or modification of Federal reporting requirements. 1. Short title This Act may be cited as the Reports Reduction Act of 2014 2. Department of Agriculture (a) Fire Program Analysis Reports Notwithstanding the Department of the Interior and Related Agencies Appropriations Act, 2003 ( Public Law 108–7 (b) Animal Disease Traceability Reports Notwithstanding the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 ( Public Law 113–6 3. Annual report on commercial price trend analysis of the Department of Defense Section 892 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2306a 4. Department of Education (a) Report of National Advisory Committee on Institutional Quality and Integrity Section 114 of the Higher Education Act of 1965 ( 20 U.S.C. 1011c (1) by striking subsection (e); and (2) by inserting the following: (e) Notice The Secretary shall annually publish in the Federal Register— (1) a list containing, for each member of the Committee— (A) the member's name; (B) the date of the expiration of the member's term of office; and (C) the name of the individual described in subsection (b)(1) who appointed the member; and (2) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary. . (b) Evaluation reports for Teach To Reach grants Section 251(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1034(f) (1) by striking paragraphs (1) and (2); and (2) by inserting the following: (1) In general An eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine— (A) the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and (B) the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools. (2) Report to the secretary Each eligible partnership performing an evaluation under paragraph (1) shall report the findings of such evaluation to the Secretary. . (c) Evaluations on an adjunct teacher corps Section 255 of the Higher Education Act of 1965 ( 20 U.S.C. 1035 (1) by striking subsection (j); and (2) by redesignating subsection (k) as subsection (j). (d) Federal TRIO Program report Section 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 (1) by striking the section heading and inserting the following: 402H. Evaluations and grants for project improvement and dissemination ; (2) by striking subsection (a); and (3) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively. (e) Report on supporting postsecondary faculty, staff, and administrators in educating students with disabilities Section 762 of the Higher Education Act of 1965 ( 20 U.S.C. 1140b (f) Report on use and impact of funds for improving literacy through school libraries Section 1251 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6383 (j) National Activities Evaluations From the funds appropriated under section 1002(b)(4) for each fiscal year, the Secretary shall reserve not more than 1 percent for annual, independent, national evaluations of the activities assisted under this section and their impact on improving the reading skills of students. The evaluations shall be conducted not later than 3 years after the date of enactment of the No Child Left Behind Act of 2001, and biennially thereafter. . (g) Interim and final evaluations under Transition to Teaching program Section 2314 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6684 (h) Report on drug use and violence in elementary and secondary schools Section 4122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7132 (i) Report on activities under Excellence in Economic Education program Section 5536 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7267e (j) Report on State and local activities under healthy, high-Performance schools program Section 5584 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7277c (k) Report on use of funds under local flexibility demonstration agreements (1) Annual reports Section 6151(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7321(c) (2) Transmittal to Congress Title VI of the Elementary and Secondary Education Act of 1965 is amended by striking section 6156 ( 20 U.S.C. 7321e 6156. Limitation A State in which a local educational agency that has a local flexibility demonstration agreement is located may not require such local educational agency to provide any application information with respect to the programs included within the scope of that agreement. . (l) Report on State accountability for adequate yearly progress Section 6164 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7325c (m) Report on activities for underserved populations Section 21(b) of the Rehabilitation Act of 1973 ( 29 U.S.C. 718(b) (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). (n) Interagency Committee on Disability Research report Section 203 of the Rehabilitation Act of 1973 ( 29 U.S.C. 763 (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (o) Report on national activities To improve education of children with disabilities Section 681(a) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1481(a) (p) Reports on fraud in the offering of financial assistance for postsecondary education Section 5 of the College Scholarship Fraud Prevention Act of 2000 ( 20 U.S.C. 1092d (q) Report on State fiscal stabilization fund Section 14010 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 285) is repealed. 5. Report on blood lead screening tests Section 2503 of the Children's Health Act of 2000 ( 42 U.S.C. 247b–3a (1) by striking the title and inserting the following: 2503. Training by the Health Resources and Services Administration ; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). 6. Department of Homeland Security (a) Report on adjustment of status of foreign diplomats Section 13 of the Act of September 11, 1957 ( 8 U.S.C. 1255b (1) by striking Attorney General Secretary of Homeland Security (2) by striking subsection (c) and inserting the following: (c) Report to Congress; reduction of quota (1) Report Not later than 30 days after the end of each fiscal year, the Secretary of Homeland Security shall submit to Congress a complete and detailed statement of the facts and pertinent provisions of law relating to each alien whose status was adjusted under this section to that of an alien lawfully admitted for permanent residence during the preceding fiscal year. (2) Reduction of immigrant visas For each alien whose status was adjusted under this section, the Secretary of State shall reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of birth of such alien under section 202(e) of the Immigration and Nationality Act ( 8 U.S.C. 1152(e) . (b) Report on the transfer of immigration functions Section 478 of the Homeland Security Act of 2002 ( 6 U.S.C. 298 (c) Joint annual interagency review of global nuclear detection architecture Section 1907 of the Homeland Security Act of 2002 ( 6 U.S.C. 596a (1) in subsection (a)— (A) in the subsection heading, by striking Annual Biennial (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking once each year— once every other year— (ii) in subparagraph (C)— (I) in clause (i), by striking the previous year the previous two years (II) in clause (iii), by striking the previous year. the previous two years. (C) in paragraph (2), by striking once each year, once every other year, (2) in subsection (b)— (A) in the subsection heading, by striking Annual Biennial (B) in paragraph (1), by striking of each year, of every other year, (C) in paragraph (2), by striking annual biennial (d) Port of Entry Infrastructure Assessment Study Section 603(a)(3) of the Border Infrastructure and Technology Modernization Act of 2007 (6 U.S.C. 1402(a)(3)) is amended to read as follows: (3) submit a report that summarizes the most critical infrastructure needs at land ports of entry to— (A) the Committee on Appropriations of the Senate (B) the Committee on Environment and Public Works of the Senate (C) the Committee on Homeland Security and Governmental Affairs of the Senate (D) the Committee on Appropriations of the House of Representatives (E) the Committee on Transportation and Infrastructure of the House of Representatives (F) the Committee on Homeland Security of the House of Representatives . (e) National Land Border Security Priorities Plan Section 604 of the Border Infrastructure and Technology Modernization Act of 2007 ( 6 U.S.C. 1403 (1) in subsection (a)— (A) by inserting Priorities Border Security (B) by striking the Committees the congressional committees referred to in section 603 (2) in subsection (c)(1), by inserting that the Commissioner determines to be at the greatest risk southern border (3) in subsection (d), by striking a description a summary 7. United States Coast Guard (a) Annual assessment of adequacy of marine safety workforce Section 57 (b) Annual report on marine industry training program Section 59 (1) in subsection (a), by striking (a) In general (2) by striking subsection (b). (c) Biennial report on major acquisitions programs (1) Repeal Title 14, United States Code, is amended by striking section 569a. (2) Chapter analysis amendment The analysis for chapter 15 (d) Annual report on minor construction and improvement Section 656(d) (d) Minor construction and improvement Each fiscal year the Secretary may expend from amounts made available for the operating expenses of the Coast Guard not more than $1,500,000 for minor construction and improvement projects at any location. . (e) Annual capital investment plan (1) Repeal Title 14, United States Code, is amended by striking section 663. (2) Chapter analysis amendment The analysis for chapter 17 (f) Annual report on conveyance of property (1) Repeal Title 14, United States Code, is amended by striking section 688. (2) Chapter analysis amendment The analysis for chapter 18 (g) Annual list of projects to Congress (1) Repeal Title 14, United States Code, is amended by striking section 693. (2) Chapter analysis amendment The analysis for chapter 19 (h) Annual marine safety strategy, goals, and performance assessments (1) Repeal Title 46, United States Code, is amended by striking section 2116. (2) Chapter analysis amendment The analysis for chapter 21 (i) Annual report on resource deficiency for especially hazardous cargo Section 70103(e)(2) (2) Especially hazardous cargo defined In this subsection, the term especially hazardous cargo . (j) Semi-Annual report of expenditures under the Presidential Protection Assistance Act of 1976 The Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 (k) Repeal of annual Coast Guard report on drug interdiction Section 103 of the Coast Guard Authorization Act of 1996 ( 14 U.S.C. 89 (l) Annual report on modernization of National Distress and Response System (1) Repeal Section 346 of the Maritime Transportation Security Act of 2002 ( Public Law 107–295 (2) Table of contents amendment The table of contents in section 1(b) of the Maritime Transportation Security Act of 2002 is amended by striking the item relating to section 346. (m) Annual report on Coast Guard capabilities and readiness To fulfill national defense responsibilities (1) Repeal Section 426 of the Maritime Transportation Security Act of 2002 ( Public Law 107–295 (2) Table of contents amendment The table of contents in section 1(b) of the Maritime Transportation Security Act of 2002 is amended by striking the item relating to section 426. (n) Annual summary of fisheries enforcement plans Section 224 of the Coast Guard and Maritime Transportation Act of 2004 ( 16 U.S.C. 1861b (o) Annual report on compliance with security standards established pursuant to maritime transportation security plans Section 809 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 (p) Annual report on distant water tuna fleet Section 421 of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109–241 (q) Biennial updates of foreign fishing incursions report Section 804 of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109–241 (r) Combination of annual summary of fisheries enforcement plans and biennial updates on foreign fishing incursion report Section 4 of the Cruise Vessel Security and Safety Act of 2010 ( Public Law 111–207 8. Oil transportation (a) Elimination of annual report on uses of the Oil Pollution Fund Section 1012 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712 (b) Elimination of biennial report on oil pollution research and development program Section 7002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2761 (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (c) Elimination of annual update on liability limit report Section 603(c) of the Coast Guard and Maritime Transportation Act of 2006 ( 33 U.S.C. 2704 Public Law 109–241 (d) Recommendations on tug escorts for laden oil tankers Section 711(a) of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 (e) Risk assessment of transporting Canadian oil sands (1) Repeal The Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 (2) Table of contents amendment The table of contents in section 1(b) of the Coast Guard and Maritime Transportation Act of 2012 is amended by striking the item relating to section 722. 9. Elimination of annual report on federally assisted units under lease and per-unit cost (a) Public law 108–7 Section 217 of title II of division K of the Consolidated Appropriations Resolution, 2003 (42 U.S.C. 1437 note) is repealed. (b) Public law 108–199 Section 213 of title II of division G of the Consolidated Appropriations Act, 2005 (42 U.S.C. 1437 note) is repealed. (c) Public law 108–447 Section 214 of title II of division I of the Consolidated Appropriations Act, 2005 (42 U.S.C. 1437 note) is repealed. (d) Public law 109–115 Section 314 of title III of division A of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( 42 U.S.C. 1437 (e) Public law 110–161 Section 211 of title II of division K of the Consolidated Appropriations Act, 2008 (42 U.S.C. 1437 note) is repealed. 10. Trade (a) Elimination of report on labor obligations under Dominican Republic-Central America-United States Free Trade Agreement (1) In general Section 403 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act ( 19 U.S.C. 4111 403. Periodic meetings of Secretary of Labor with labor ministers of CAFTA-DR countries The Secretary of Labor should take the necessary steps to meet periodically with the labor ministers of the CAFTA-DR countries to discuss— (1) the operation of the labor provisions of the Agreement; (2) progress on the commitments made by the CAFTA-DR countries to implement the recommendations contained in the White Paper; (3) the work of the International Labor Organization in the CAFTA-DR countries, and other cooperative efforts, to afford to workers internationally recognized worker rights; and (4) such other matters as the Secretary of Labor and the labor ministers consider appropriate. . (2) Clerical amendment The table of contents for the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act ( 19 U.S.C. 4001 et seq. Sec. 403. Periodic meetings of Secretary of Labor with labor ministers of CAFTA-DR countries. . (b) Elimination of requirement for printed copy of Harmonized Tariff Schedule of the United States Section 1207 of the Omnibus Trade and Competitiveness Act of 1988 ( 19 U.S.C. 3007 (1) in subsection (a), by striking in the form of printed copy in the form of electronic media. (2) in subsection (b), by striking , in whatever format, 11. Department of State (a) Semi-Annual report on policy towards Burma Section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 ( Public Law 104–208 (b) Annual report on United Nations policy on Israel and the Palestinians Section 721 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted into law by section 1000(a)(7) of Public Law 106–113 (1) by striking subsection (c); and (2) in subsection (d), by striking At the time of the submission of each annual report under subsection (c), Not less frequently than once each year (c) Annual report on United States-Vietnam human rights dialogue meetings Section 702 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 (d) Supplemental appropriations reports Section 2104 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 ( Public Law 109–13 12. Executive Office of the President (a) Accounts subject to audit by the Comptroller General Section 3524 (b) Semi-Annual report on waivers of the prohibition on government contractors conducing business operations in Sudan Section 6(c)(2) of the Sudan Accountability and Divestment Act of 2007 (50 U.S.C. 1701 note) is amended to read as follows: (2) Reporting requirement The Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on each request for a waiver under paragraph (1) received by the President. . (c) Annual estimate of harbor maintenance needs (1) Repeal Section 1537 of the Moving Ahead for Progress in the 21st Century Act ( 33 U.S.C. 2238a (2) Table of contents amendment The table of contents in section 1(c) of the Moving Ahead for Progress in the 21st Century Act is amended by striking the item relating to section 1537. (d) Quarterly reporting of unobligated funds Section 618 of division E of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 13. Travel costs Section 5707(b) (1) in paragraph (1)(A), by striking , and shall report the results of such investigations to Congress at least once a year (2) in paragraph (2)— (A) by striking subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (C); and (C) in subparagraph (C), as so redesignated, by striking subparagraph (C) of this paragraph paragraph (3) (3) by adding at the end the following: (3) Not later than 5 working days after the date on which the Administrator makes a cost determination required under paragraph (2)(B), the Administrator shall— (A) submit to Congress a report that includes— (i) the results of the investigations conducted under paragraph (1) during the previous year; and (ii) the specific figures determined by the Administrator under paragraph (2)(B); and (B) publish the specific figures determined by the Administrator under paragraph (2)(B) in the Federal Register. . 14. National Aeronautics and Space Administration (a) Repeal of annual National Aeronautics and Space Administration reports on whistleblower concerns Section 30502 (b) Modification of frequency of submittal of National Aeronautics and Space Administration reports on coordination with National Oceanic and Atmospheric Administration Section 60505(b) (1) by striking each year every other year (2) by striking during the fiscal year during the 2 fiscal years (c) Repeal of requirement for updates on National Aeronautics and Space Administration strategy on minimizing job losses during the transition from the Space Shuttle Title III of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008 (division B of Public Law 110–161 administrative provisions 51 U.S.C. 70501 (d) Repeal of report on National Aeronautics and Space Administration survey of astronaut health care (1) Repeal Section 31302 (2) Clerical amendment The table of sections at the beginning of chapter 313 of such title is amended by striking the item relating to section 31302. 15. National Science Foundation (a) Major research equipment and facilities construction Paragraphs (2) and (3) of section 14(a) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–4(a) (b) Evaluations under the National Science Foundation Section 19(a)(3) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–8(a)(3)) is repealed.

Reports Reduction Act of 2014

Inspectors General Streamlining Act - Amends the Inspector General Act of 1978 to authorize each federal agency inspector general, in conducting an audit, investigation, inspection, evaluation, or other review authorized by such Act, to compare any records with other records or non-federal records. Provides that such comparison of records shall not be considered a matching program for purposes of the Privacy Act of 1974 or any other provision of law.

113 S2927 IS: Inspectors General Streamlining Act U.S. Senate 2014-11-13 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. 2927 IN THE SENATE OF THE UNITED STATES November 13, 2014 Mr. Coburn Committee on Homeland Security and Governmental Affairs A BILL To strengthen Inspector General audits and investigations by streamlining computer matching agreements. 1. Short title This Act may be cited as the Inspectors General Streamlining Act 2. Computer matching agreements Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (g) (1) In this subsection, the terms agency matching program record section 552a(a) (2) In addition to the authority otherwise provided by this Act, each Inspector General, in conducting an audit, investigation, inspection, evaluation, or other review authorized under this Act, may compare any records with other records or non-Federal records. (3) For purposes of section 552a matching program .

Inspectors General Streamlining Act

Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act - Requires the Secretary of Veterans Affairs (VA) and the Secretary of Defense (DOD) to each arrange for an independent third party evaluation of, respectively, the VA and DOD mental health care and suicide prevention programs. Directs the VA Secretary to publish an Internet website that serves as a centralized source to provide veterans with regularly updated information regarding all of the VA's mental health care services. Requires the VA Secretary and the DOD Secretary to enter into certain strategic relationships to facilitate: the mental health referrals of members of the reserve components who have a service-connected disability and are being discharged or released from the Armed Forces, timely behavioral health services for such members, communication when such members are at risk for behavioral health reasons, and the transfer of documentation for line-of-duty and fitness-for-duty determinations. Requires the VA Secretary to carry out a three-year pilot program to repay the education loans relating to psychiatric medicine that are incurred by individuals who: are eligible to practice psychiatric medicine in the Veterans Health Administration (VHA) or are enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine, demonstrate a commitment to a long-term career as a psychiatrist in the VHA, and agree to a period of obligated service with the VHA in the field of psychiatric medicine in exchange for the repayment of such loans. Requires the DOD Secretary to submit to Congress a review of the staffing requirements for individual State National Guard Commands with respect to Directors of Psychological Health. Authorizes the VA Secretary to collaborate with nonprofit mental health organizations to prevent suicide among veterans. Requires the collaborators to exchange training sessions, best practices, and other resources to enhance their suicide prevention efforts. Directs the Secretary to select a Director of Suicide Prevention Coordination within the VA to undertake any collaboration with nonprofit mental health organizations.

113 S2930 IS: Clay Hunt SAV Act U.S. Senate 2014-11-17 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. 2930 IN THE SENATE OF THE UNITED STATES November 17, 2014 Mr. McCain Mr. Burr Mr. Blumenthal Mr. Blunt Mr. Manchin Ms. Murkowski Committee on Veterans' Affairs A BILL To direct the Secretary of Defense and the Secretary of Veterans Affairs to provide for the conduct of an evaluation of mental health care and suicide prevention programs of the Department of Defense and the Department of Veterans Affairs, to require a pilot program on loan repayment for psychiatrists who agree to serve in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Clay Hunt Suicide Prevention for American Veterans Act Clay Hunt SAV Act 2. Evaluation of mental health care and suicide prevention programs of Department of Veterans Affairs and Department of Defense (a) Evaluation (1) In general The Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements Each evaluation conducted under paragraph (1) shall— (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) evaluate the effectiveness of each mental health care and suicide prevention program conducted by the Secretary concerned, including such programs conducted at a Center of Excellence; (C) identify the most effective and least effective of the programs evaluated under subparagraph (B); (D) include recommendations on which programs evaluated under subparagraph (B) can be eliminated or consolidated and which programs can benefit from additional resources; and (E) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party (A) In general Each evaluation provided for under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (B) Submittal of evaluation An independent third party that conducts an evaluation provided for under paragraph (1) shall submit to the Secretary concerned the evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (4) Report Not later than one year after the date of the enactment of this Act, the Secretary concerned shall submit to the appropriate committees of Congress a report that contains the evaluation submitted to the Secretary under paragraph (3)(B). (b) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. (2) Secretary concerned The term Secretary concerned (A) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (B) the Secretary of Defense with respect to matters concerning the Department of Defense. 3. Publication of Internet website to provide information regarding mental health care services (a) In general The Secretary of Veterans Affairs shall publish an Internet website that serves as a centralized source to provide veterans with information regarding all of the mental health care services provided by the Secretary. (b) Elements The Internet website published under subsection (a) shall provide to veterans information regarding all of the mental health care services available under the laws administered by the Secretary, dis­ag­gre­gat­ed by Veterans Integrated Service Network, including, with respect to each medical center and community-based outpatient center— (1) the name and contact information of each social work office; (2) the name and contact information of each mental health clinic; (3) a list of all staff who carry out tasks related to the provision of mental health care services; and (4) any other information the Secretary determines appropriate. (c) Updated information The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website under subsection (a) is updated not less than once every 90 days. (d) Outreach In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website published under subsection (a). 4. Improvements to health care matters (a) Reserve components and Department of Veterans Affairs The Secretary of Veterans Affairs and the Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall enter into formal strategic relationships between the Joint Forces Headquarters of each State regional commands of the reserve components of the Armed Forces and the Veterans Service Integrated Network, medical facilities of the Department of Veterans Affairs, and other local offices of the Department of Veterans Affairs located in or serving the State with respect to facilitating— (1) the mental health referrals of members of the reserve components of the Armed Forces who have a service-connected disability and are being discharged or released from the Armed Forces; (2) timely behavioral health services for such members; (3) communication between the various entities when such members are at risk for behavioral health reasons; and (4) the transfer of documentation for line of duty and fitness for duty determinations. (b) Comptroller General report on transition of care (1) In general Not later than April 1, 2015, the Comptroller General of the United States shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code), the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report that assesses the transition of care for post-traumatic stress disorder or traumatic brain injury. (2) Matters included The report under paragraph (1) shall include the following: (A) The programs, policies, and regulations that affect the transition of care for post-traumatic stress disorder or traumatic brain injury, particularly with respect to individuals who are taking or have been prescribed an­ti­de­pres­sants, stimulants, antipsychotics, mood stabilizers, anxiolytics, depressants, or hal­lu­ci­no­gens. (B) Upon transitioning to care furnished by the Secretary of Veterans Affairs, the extent to which the pharmaceutical treatment plan of an individual changes and the factors determining such changes. (C) The extent to which the Secretary of Defense and the Secretary of Veterans Affairs have worked together to identify and apply best pharmaceutical treatment practices. (D) A description of the off-formulary waiver process of the Secretary of Veterans Affairs, and the extent to which the process is applied efficiently at the treatment level. (E) The benefits and challenges of combining the formularies across the Department of Defense and the Department of Veterans Affairs. (F) Such other issues as the Comptroller General considers appropriate. (3) Transition of care defined In this subsection, the term transition of care 5. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) In general The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that— (1) were used by such individuals to finance the educational expenses of such individuals relating to psychiatric medicine, including education leading to— (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) An institution of higher education. (D) Any other entity as specified the Secretary for purposes of the pilot program. (b) Eligible individuals (1) In general Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who— (A) either— (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of obligated service The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary for purposes of the pilot program, in exchange for the repayment of the loan or loans of such individual under the pilot program. (e) Loan Repayments (1) Amounts Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $120,000 in loan repayment on behalf of such individual. (f) Breach (1) Liability An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Reports (1) Initial report (A) In general Not later than two years after the date on which the pilot program under subsection (a) commences, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Elements The report required by subparagraph (A) shall include the following: (i) The number of individuals who participated in the pilot program. (ii) The locations in which such individuals were employed by the Department, including how many such locations were rural or urban locations. (iii) An assessment of the quality of the work performed by such individuals in the course of such employment. (iv) The number of psychiatrists the Secretary determines is needed by the Department in the future. (2) Interim report Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an update to the report submitted under paragraph (1). (3) Final report Not later than one year after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report specifying the number of individuals who participated in the pilot who are still employed by the Department as of the date of submittal of the report. (h) Regulations The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. 6. Review of staffing requirements for State Directors of Psychological Health (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report detailing the results of a review, conducted in coordination with the Chief of the National Guard Bureau, of the staffing requirements for individual State National Guard Commands with respect to Directors of Psychological Health. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. 7. Collaboration on suicide prevention efforts between the Department of Veterans Affairs and non-profit mental health organizations (a) Collaboration The Secretary of Veterans Affairs may collaborate with non-profit mental health organizations to prevent suicide among veterans as follows: (1) To improve the efficiency and effectiveness of suicide prevention efforts carried out by the Department of Veterans Affairs and non-profit mental health organizations. (2) To assist non-profit mental health organizations with the suicide prevention efforts of those organizations through the use of the expertise of employees of the Department. (3) To jointly carry out suicide prevention efforts. (b) Exchange of resources In carrying out any collaboration under subsection (a), the Secretary and any non-profit mental health organization with which the Secretary is collaborating under such subsection shall exchange training sessions, best practices, and other resources to help with the suicide prevention efforts of the Department and such organization. (c) Director of Suicide Prevention Coordination The Secretary shall select within the Department a Director of Suicide Prevention Coordination to undertake any collaboration with non-profit mental health organizations under this section or any other provision of law.

Clay Hunt SAV Act

Unfunded Mandates Accountability Act of 2014 - Revises rulemaking requirements under the Unfunded Mandates Reform Act of 1995 (UMRA) to: (1) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more (adjusted for inflation); (2) make consideration of the least burdensome alternative to a rule mandatory and require the selection of the least costly, most cost-effective, or least burdensome alternative; (3) extend UMRA requirements to independent regulatory agencies; and (4) expand judicial review of agency rulemaking. Exempts from UMRA requirements rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

113 S2931 IS: Unfunded Mandates Accountability Act of 2014 U.S. Senate 2014-11-17 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. 2931 IN THE SENATE OF THE UNITED STATES November 17, 2014 Mr. Portman Mr. Crapo Committee on Homeland Security and Governmental Affairs A BILL To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules and consideration of the least burdensome regulatory alternative, and for other purposes. 1. Short title This Act may be cited as the Unfunded Mandates Accountability Act of 2014 2. Findings Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Effective regulatory programs provide important benefits to the public, including protecting the environment, worker safety, and human health. Regulations also impose significant costs on individuals, employers, and State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make the Federal Government more accountable to the public it serves. 3. Regulatory impact analyses for certain rules (a) Regulatory impact analyses for certain rules Section 202 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1532 (1) by striking the section heading and inserting the following: 202. Regulatory impact analyses for certain rules ; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: (a) Definition In this section, the term cost (b) In general (1) Regulatory impact analysis required Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. (2) Initial regulatory impact analysis The initial regulatory impact analysis required under paragraph (1) shall— (A) accompany the notice of proposed rulemaking; and (B) be open to public comment. (3) Final regulatory impact analysis The final regulatory impact analysis required under paragraph (1) shall accompany the final rule. (c) Content The initial and final regulatory impact analysis under subsection (b) shall include— (1) (A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; (B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency’s discretion under the statute authorizing the rule, including alternatives that— (i) require no action by the Federal Government; and (ii) (I) use incentives and market-based means to encourage the desired behavior; (II) provide information based upon which the public can make choices; or (III) employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statute authorizing the rule; and (C) an explanation of how the rule complies with the requirements of section 205; (2) an assessment of the extent to which— (A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and (B) Federal resources are available to carry out the rule; (3) estimates of— (A) any disproportionate budgetary effects of the rule upon any particular— (i) regions of the United States; (ii) State, local, or tribal governments; (iii) types of communities, including urban or rural communities; or (iv) segments of the private sector; and (B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and (4) (A) a description of the extent of the agency’s prior consultation under section 204 with elected representatives of each affected State, local, or tribal government; (B) a summary of the comments and concerns that were presented to the agency orally or in writing by State, local, or tribal governments; and (C) a summary of the agency’s evaluation of the comments and concerns described in subparagraph (B). ; (4) in subsection (d), as redesignated, by striking subsection (a) subsection (b) (5) in subsection (e), as redesignated, by striking subsection (a) subsection (b) (b) Technical and conforming amendment The table of sections for the Unfunded Mandates Reform Act of 1995 is amended by striking the item relating to section 202 and inserting the following: Sec. 202. Regulatory impact analyses for certain rules. . 4. Least burdensome option or explanation required Title II of the Unfunded Mandates Reform Act of 1995 is amended by striking section 205 ( 2 U.S.C. 1535 205. Least burdensome option or explanation required Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, the agency shall— (1) identify and consider a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives required under section 202(c)(1)(B); and (2) from the alternatives described under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute. . 5. Inclusion of application to independent regulatory agencies (a) In general Section 421(1) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 658(1) , but does not include independent regulatory agencies (b) Exemption for monetary policy The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: 6. Exemption for monetary policy Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. . 6. Judicial review Title IV of the Unfunded Mandates Reform Act of 1995 is amended by striking section 401 ( 2 U.S.C. 1571 401. Judicial review (a) In general For a rule that is subject to section 202, a person aggrieved by final agency action in adopting the rule is entitled to judicial review of the agency's compliance with section 202(b), 202(c)(1), or 205 with respect to the rule. (b) Scope of review Chapter 7 (c) Jurisdiction Each court that has jurisdiction to review a rule for compliance with section 553 (d) Relief available In granting relief in an action under this section, the court shall order the agency to take remedial action consistent with chapter 7 of title 5, United States Code, including remand and vacatur. . 7. Effective date This Act shall take effect 90 days after the date of enactment of this Act.

Unfunded Mandates Accountability Act of 2014

Microlab Technology Commercialization Act of 2014 - Authorizes the Secretary of Energy (DOE), in collaboration with the directors of national laboratories, to establish a program meeting specified criteria under which DOE sets up microlabs located in close proximity to national laboratories and accessible to the public in order to: (1) enhance collaboration with regional research groups, such as institutions of higher education and industry groups; and (2) accelerate technology transfer from national laboratories to the marketplace.

113 S2932 IS: Microlab Technology Commercialization Act of 2014 U.S. Senate 2014-11-17 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. 2932 IN THE SENATE OF THE UNITED STATES November 17, 2014 Mr. Heinrich Committee on Energy and Natural Resources A BILL To direct the Secretary of Energy to establish microlabs to improve regional engagement with national laboratories. 1. Short title This Act may be cited as the Microlab Technology Commercialization Act of 2014 2. Definitions In this Act: (1) Microlab The term microlab (2) National Laboratory The term national laboratory (A) a National Laboratory, as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801); and (B) a national security laboratory, as defined in section 3281 of the National Nuclear Security Administration Act ( 50 U.S.C. 2471 (3) Secretary The term Secretary 3. Establishment of microlab program (a) In general The Secretary, in collaboration with the directors of national laboratories, may establish a microlab program under which the Secretary establishes microlabs that are located in close proximity to national laboratories and that are accessible to the public for the purposes of— (1) enhancing collaboration with regional research groups, such as institutions of higher education and industry groups; and (2) accelerating technology transfer from national laboratories to the marketplace. (b) Criteria In determining the placement of microlabs under subsection (a), the Secretary shall consider— (1) the commitment of a national laboratory to establishing a microlab; (2) the existence of a joint research institute or a new facility that— (A) is not on the main site of a national laboratory; (B) is in close proximity to a national laboratory; and (C) has the capability to house a microlab; (3) whether employees of a national laboratory and persons from academia, industry, and government are available to be assigned to the microlab; and (4) cost-sharing or in-kind contributions from State and local governments and private industry. (c) Timing If the Secretary, in collaboration with the directors of national laboratories, elects to establish a microlab program under this section, the Secretary, in collaboration with the directors of national laboratories, shall— (1) not later than 60 days after the date of enactment of this Act, begin the process of determining the placement of microlabs under subsection (a); and (2) not later than 180 days after the date of enactment of this Act, implement the microlab program under this section. 4. Reports (a) Initial report Not later than 60 days after the date of implementation of the microlab program under section 3, the Secretary shall submit to the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report that provides an update on the implementation of the microlab program under section 3. (b) Progress report Not later than 1 year after the date of implementation of the microlab program under section 3, the Secretary shall submit to the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report on the microlab program under section 3, including findings and recommendations of the Secretary. 5. Authorization of appropriations There is authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 2015.

Microlab Technology Commercialization Act of 2014

Soledad Canyon Settlement Act - Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of lands near Victorville, California. Withdraws affected areas from mineral leasing.

113 S2938 IS: Soledad Canyon Settlement Act U.S. Senate 2014-11-18 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. 2938 IN THE SENATE OF THE UNITED STATES November 18, 2014 Mrs. Boxer Mrs. Feinstein Committee on Energy and Natural Resources A BILL To provide to the Secretary of the Interior a mechanism to cancel contracts for the sale of materials CA–20139 and CA–22901, and for other purposes. 1. Short title This Act may be cited as the Soledad Canyon Settlement Act 2. Definitions In this Act: (1) City of Santa Clarita The term City of Santa Clarita (2) City of Victorville The term City of Victorville (3) Contracts The term contracts (4) Contract holder The term contract holder (5) County of San Bernardino The term County of San Bernardino (6) Map The term Map Victorville disposal area, California (7) Secretary The term Secretary (8) Victorville disposal area The term Victorville disposal area 3. Appraisal; compensation to contract holder (a) Appraisals (1) Contract appraisal (A) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by mineral appraisal, using the discounted cash flow method of appraisal (in accordance with the appraisal guidelines for appraisals of large quantities of mineral materials contained in section IV(E) of BLM Mineral Material Appraisal Handbook H–3630)— (i) the fair market value of the contracts; and (ii) the amount of royalties the Federal Government would receive under the contracts over the 10-year period beginning on the date of enactment of this Act. (B) Considerations In making the determination under subparagraph (A), the Secretary shall assume that— (i) the contract holder has obtained all the permits and entitlements necessary to mine, produce, and sell sand and gravel under the contract; and (ii) mining operations under the contract have commenced at the time of the determination, with maximum annual production volumes that— (I) are based on the projected supply and demand outlook at the time of determination; and (II) reflect depletion of the reserves that are subject to the contract within the effective periods of the contract. (C) Donation The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (2) Land appraisal (A) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by appraisal standards under existing laws and regulations, the fair market value of the Victorville disposal area on a net present value basis. (B) Donation The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (b) Compensation (1) In general Subject to paragraph (2), not later than 30 days after completion of the appraisals under subsection (a), the Secretary shall offer the contract holder compensation for the cancellation of the contracts. (2) Conditions on offer An offer made by the Secretary under paragraph (1) shall be subject to the following conditions: (A) The cancellation of the contracts and the provision of compensation shall be contingent on the availability of funds from the sale of the Victorville disposal area under section 4, and any additional compensation provided under subparagraph (D), as determined necessary by the Secretary. (B) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the fair market value of the contracts, as determined under subsection (a)(1)(A)(i). (C) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the projected revenues generated by the sale of the Victorville disposal area under section 4, less the projected lost royalties to the Federal Government over the 10-year period beginning on the date of enactment of this Act, as determined under subsection (a)(1)(A)(ii). (D) If the amount of projected revenues described in subparagraph (C) is less than the fair market value determined under subsection (a)(1)(A)(i), the Secretary shall, not later than 60 days after the date on which the Director of the Bureau of Land Management determines the projected revenues under subparagraph (C), negotiate an agreement with the contract holder and the City of Santa Clarita to provide to the Secretary amounts equal to the difference, in the form of— (i) compensation to be received by the contract holder; and (ii) compensation in a form acceptable to the Secretary to be provided by the City of Santa Clarita. (3) Acceptance of offer (A) In general The contract holder shall have 60 days from the later of the date on which the Secretary makes the offer under paragraph (1) or an agreement is negotiated under paragraph (2)(D) to accept the offer or agreement. (B) Failure to accept offer If the contract holder does not accept the offer under paragraph (1) or if an agreement is not negotiated under paragraph (2)(D) within the time period described in subparagraph (A), the contracts shall remain in effect and no further actions shall taken be taken pursuant to this Act. 4. Sale of land near Victorville, California (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (b) Availability of Map The Secretary shall keep the Map on file and available for public inspection in— (1) the office of the Director of the Bureau of Land Management; and (2) the district office of the Bureau of Land Management located in Barstow, California. (c) Right of Local Land Use Authority To Purchase Certain Land (1) In general Before a sale of land under subsection (a), the Secretary shall provide to the applicable local land use authority an exclusive preemptive right, as determined under State law, to purchase any right, title, or interest of the United States in and to any portion of the parcels of land identified as Area A Area B (2) Timing A preemptive right under paragraph (1) shall be in effect for a period of 30 days before the land is sold under subsection (a). (3) Authority During the period described in paragraph (2), the local land use authority may purchase some or all of the right, title, and interest of the United States, as provided in subsection (a), in and to the land to be offered for sale at fair market value, as determined by an appraisal conducted by the Secretary. (4) Exercising right If the local land use authority exercises the preemptive right under paragraph (1), the Secretary shall convey the land to the local land use authority immediately on payment by the local land use authority of the entire purchase price of the applicable parcel of land. (5) Failure to pay Failure by the local land use authority to purchase and pay for the right, title, and interest of the United States in and to the land described in paragraph (1) within the time period described in paragraph (2) and to comply with any other terms and conditions as the Secretary may require shall terminate the preemptive right of the local land use authority with respect to the right, title, and interest offered for sale. (d) Withdrawal and Reservation (1) Withdrawal Subject to valid existing rights, the land described in subsection (a) is withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Reservation In any sale or other disposal of land under this section, there shall be reserved by the United States the right of the United States to prospect for, mine, and remove minerals from the conveyed land. (e) Consultation In addition to any consultation otherwise required by law, before initiating efforts to dispose of land under this section, the Secretary shall consult with the City of Victorville, the County of San Bernardino, and surface owners in the jurisdiction in which the land is located regarding the potential impact of the disposal and other appropriate aspects of the disposal. (f) Account The gross proceeds of a sale of land under subsection (a) shall be deposited in an account acceptable to the Secretary and available only for the purposes of carrying out this Act. 5. Cancellation of contracts (a) In general On completion of the compensation to the contract holder for the value of each contract in accordance with subsection (b), the Secretary shall cancel the contracts and withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary. (b) Compensation; cancellation; retention of funds (1) In general Subject to paragraph (3), the Secretary shall provide to the contract holder the compensation agreed to under section 3(b) by disbursement of amounts from the account, in 4 equal payments, as funds are available; (2) Cancellation (A) Contract CA–20139 On completion of the first 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA–20139. (B) Contract CA–22901 On completion of the remaining 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA–22901. (3) Retention of funds The Secretary shall retain sufficient funds to cover the projected lost royalties determined under section 3(a)(1)(A)(ii). (c) Release and waiver Upon acceptance and receipt of compensation under subsection (b), the contract holder shall waive all claims against the United States arising out of, or relating to, the cancellation of the contracts.

Soledad Canyon Settlement Act

Sunlight for Unaccountable Non-profits (SUN) Act - Amends the Internal Revenue Code to require: (1) the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk; and (2) the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office.

113 S2939 IS: Sunlight for Unaccountable Non-profits (SUN) Act U.S. Senate 2014-11-18 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. 2939 IN THE SENATE OF THE UNITED STATES November 18, 2014 Mr. Tester Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require that return information from tax-exempt organizations be made available in a searchable format and to provide the disclosure of the identity of contributors to certain tax-exempt organizations. 1. Short title This Act may be cited as the Sunlight for Unaccountable Non-profits (SUN) Act 2. Return information of certain tax-exempt organizations available in a searchable format (a) In general Section 6104(b) made available to the public at such time and in such places as the Secretary may prescribe. made available to the public at no charge and in an open, structured data format that is processable by computers with the information easy to find, access, reuse, and download in bulk. (b) Effective date The amendment made by this section shall apply to returns required to be filed after the date of the enactment of this Act. 3. Authority to disclose contributors to certain tax-exempt organizations (a) In general Section 6104(b) of the Internal Revenue Code of 1986 is amended by striking Nothing in this subsection shall authorize the Secretary to disclose the name and address of any contributor to any organization In the case of any applicable organization or trust, such information shall include the name and address of any qualified contributor to such organization which is required to be included on the return and the total contributions of such qualified contributor, but nothing in this subsection shall authorize the Secretary to disclose the name or address of any other contributor to such organization or any contributor to any other organization (b) Definitions Section 6104(b) of such Code is amended— (1) by striking The information (1) In general The information , and (2) by adding at the end the following new paragraph: (2) Definitions For purposes of paragraph (1)— (A) Applicable organization or trust The term applicable organization or trust (i) indicates on an application (or amendment to an application) for recognition of exemption from tax under section 501(a) that such organization has or plans to spend money attempting to influence the selection, nomination, election, or appointment of any person to a public office, (ii) asserts on a return that such organization participated in, or intervened in (including through the publishing or distributing of statements), a political campaign on behalf of, or in opposition to, any candidate for public office, (iii) has filed, or was required to file, a statement or report under subsections (c) or (g) of section 304 of the Federal Election Campaign Act of 1974 with respect to independent expenditures made during the taxable year, or (iv) has filed, or was required to file, a statement under section 304(f) of such Act with respect to disbursements for electioneering communications made during the taxable year. (B) Qualified contributor The term qualified contributor . (c) Conforming amendment Section 6104(d)(3)(A) of such Code is amended by striking the first sentence and inserting the following: In the case of any applicable organization or trust (as defined in subsection (b)(2)(A)), any copies of annual returns provided under paragraph (1) shall include information relating to the name and address of any qualified contributor (as defined in subsection (b)(2)(B)) to such organization and the total contributions of such qualified contributor, but nothing in such paragraph shall require the disclosure of the name or address of any other contributor to such organization or any contributor to any other organization (other than a private foundation (within the meaning of section 509(a)) or political organization exempt from taxation under section 527). (d) Effective date The amendments made by this section shall apply to returns required to be filed after the date of the enactment of this Act.

Sunlight for Unaccountable Non-profits (SUN) Act

American Opportunity Carbon Fee Act - Amends the Internal Revenue Code to impose a fee on: (1) fossil fuel products, including coal, petroleum products, and natural gas, for carbon dioxide emissions; and (2) emissions of any greenhouse gas other than carbon dioxide from any greenhouse gas emission source. Directs the Secretary of the Treasury to establish, implement, and report on a program to collect data on methane emissions by major non-natural sources, including emissions attributable to the extraction and distribution of coal, petroleum products, and natural gas. Establishes the American Opportunity Trust Fund to provide economic assistance to low-income families and businesses using tax revenues generated by this Act.

113 S2940 IS: American Opportunity Carbon Fee Act U.S. Senate 2014-11-19 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. 2940 IN THE SENATE OF THE UNITED STATES November 19, 2014 Mr. Whitehouse Mr. Schatz Committee on Finance A BILL To provide for carbon dioxide and other greenhouse gas emission fees. 1. Short title This Act may be cited as the American Opportunity Carbon Fee Act 2. Carbon dioxide and other greenhouse gas emission fees (a) In general Chapter 38 E Carbon dioxide and other greenhouse gas emission fees Sec. 4691. Fee for carbon dioxide emissions. Sec. 4692. Fee for non-carbon dioxide greenhouse gas emissions. Sec. 4693. Escaped methane. Sec. 4694. Border adjustments. Sec. 4695. Definitions and other rules. 4691. Fee for carbon dioxide emissions (a) In general (1) Fossil fuel products producing carbon emissions (A) In general There is hereby imposed a fee in an amount equal to the applicable amount at the rate specified in subparagraph (B) on— (i) coal— (I) removed from any mine in the United States, or (II) entered into the United States for consumption, use, or warehousing, (ii) petroleum products— (I) removed from any refinery, (II) removed from any terminal, or (III) entered into the United States for consumption, use, or warehousing, and (iii) natural gas— (I) entered into any processor, or (II) entered into the United States for consumption, use, or warehousing. (B) Rate The rate specified in this subparagraph with respect to any product described in subparagraph (A) is an amount equal to the applicable amount per ton of carbon dioxide that would be emitted through the combustion of such product (as determined by the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency). (2) Emissions attributable to other substances There is hereby imposed a fee in an amount equal to the applicable amount per ton of carbon dioxide emitted— (A) from any facility which— (i) is required to report emissions, or to which emissions are attributed, under subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (ii) emits not less than 25,000 tons of carbon dioxide emissions during the previous calendar year, and (B) by reason of the combustion or processing of any product other than coal, petroleum products, and natural gas. (b) Applicable amount (1) In general For purposes of this part, the applicable amount is— (A) for calendar year 2015, $42, (B) for any calendar year following a year which is not a national emissions target attainment year, the sum of— (i) the product of the amount in effect under this subparagraph for the preceding calendar year and 102 percent, and (ii) the inflation adjustment amount determined under paragraph (2), and (C) for any calendar year following a year which is a national emissions target attainment year, the sum of— (i) the amount in effect under this subparagraph for the preceding calendar year, and (ii) the inflation adjustment amount determined under paragraph (2). (2) Inflation adjustment amount (A) In general The inflation adjustment amount for any calendar year shall be an amount (not less than zero) equal to the product of— (i) the amount determined under paragraph (1)(B)(i) or (1)(C)(i), as applicable, for such year, and (ii) the percentage by which the CPI for the preceding calendar year exceeds the CPI for the second preceding calendar year. (B) CPI Rules similar to the rules of paragraphs (4) and (5) of section 1(f) shall apply for purposes of this paragraph. (3) Rounding The applicable amount under this subsection shall be rounded up to the next whole dollar amount. (4) National emissions target attainment year For purposes of paragraph (1), a calendar year is a national emissions target attainment year if the level of greenhouse gas emissions in the United States for the calendar year does not exceed 20 percent of the level of greenhouse gas emissions in the United States for calendar year 2005 as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency. (c) Refunds for capturing carbon dioxide and production of certain goods (1) Carbon dioxide capture, utilization, and storage (A) In general In the case of a person who— (i) uses any coal, petroleum product, or natural gas for which a fee has been imposed under subsection (a)(1) in a manner which results in the emission of qualified carbon dioxide, (ii) captures the resulting emitted qualified carbon dioxide at a qualified facility, and (iii) (I) disposes of such qualified carbon dioxide in secure storage, or (II) utilizes such qualified carbon dioxide in a manner provided in subparagraph (D), there shall be allowed a refund, in the same manner as if it were an overpayment of the fee imposed by such subsection, to such person in amount determined under subparagraph (B). (B) Amount of refund The amount of the refund under this subparagraph is an amount equal to the product of— (i) the applicable amount under subsection (b) for the calendar year in which such qualified carbon dioxide was captured and disposed or utilized, and (ii) the adjusted tons of qualified carbon dioxide captured and disposed or utilized. (C) Adjusted total tons For purposes of subparagraph (B), the adjusted tons of qualified carbon dioxide captured and disposed or utilized shall be the total tons of qualified carbon dioxide captured and disposed or utilized reduced by the amount of any anticipated leakage of carbon dioxide into the atmosphere due to imperfect storage technology or otherwise, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency. (D) Requirements (i) In general Any refund under subparagraph (A) shall apply only with respect to qualified carbon dioxide that has been captured and disposed or utilized within the United States. (ii) Disposal and secure storage (I) Secure storage The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, shall establish regulations similar to the regulations under section 45Q(d)(2) for determining adequate security measures for the secure storage of qualified carbon dioxide for purposes of subparagraph (A)(iii)(I). (II) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any refund made under subparagraph (A) with respect to any qualified carbon dioxide which is disposed in secure storage and ceases to be stored in a manner consistent with the requirements of this section. (iii) Utilization The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish regulations providing for the appropriate methods and manners for the utilization of qualified carbon dioxide under subparagraph (A)(iii)(II), including the utilization of captured carbon dioxide for enhanced oil or gas recovery and the production of substances such as plastics, biofuels, and chemicals. Such regulations shall provide for the minimization of the escape or further emission of the qualified carbon dioxide into the atmosphere. (E) Qualified carbon dioxide; qualified facility For purposes of this paragraph— (i) Qualified carbon dioxide The term qualified carbon dioxide (ii) Qualified facility The term qualified facility (2) Manufacture of certain goods In the case of a person who uses any coal, petroleum product, or natural gas for which a fee has been imposed under subsection (a)(1) as an input for a manufactured good that encapsulates carbon dioxide in a manner such that it does not result in the direct emission of carbon dioxide in the manufacturing or subsequent use of such good, a refund shall be allowed to such person in the same manner as if it were an overpayment of the fee imposed by such section in an amount that is equal to the product of— (A) an amount equal to the applicable amount under subsection (b) for the calendar year in which such product was used, and (B) the total tons of carbon dioxide that would have otherwise been emitted through the combustion of such product. (3) Exports In the case of a person who exports any coal, petroleum product, or natural gas from the United States for which a fee has been imposed under subsection (a)(1), a refund shall be allowed to such person in the same manner as if it were an overpayment of the fee imposed by such section in an amount that is equal to the fee previously imposed under such section with respect to such product. 4692. Fee for non-carbon dioxide greenhouse gas emissions (a) In general There is hereby imposed a fee in an amount determined under subsection (b) on the emission (including attributed emissions) of any greenhouse gas other than carbon dioxide from any greenhouse gas emissions source. (b) Amount of fee The amount of fee imposed by subsection (a) shall be equal to the applicable amount determined under section 4691(b) per ton of carbon dioxide equivalent emitted by the greenhouse gas emissions source. (c) Greenhouse gas emissions source The term greenhouse gas emissions source (1) is required to report emissions (or which would be required to report emissions notwithstanding any other provision of law prohibiting the implementation of or use of funds for such requirements), or to which emissions are attributed, under part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (2) emits during the previous calendar year greenhouse gases (not including carbon dioxide) at a rate equal to the carbon dioxide equivalent of not less than 25,000 tons. (d) Special rules For purposes of determining emissions under subsections (a) and (c)(2), there shall not be taken into account— (1) the emission of fluorinated greenhouse gases other than nitrogen trifluoride from any facility that is included under— (A) the electrical transmission and distribution equipment use source category under subpart DD of part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (B) the electronics manufacturing source category under subpart I of such part, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (C) in the case of a facility that transforms or destroys such gases, the industrial gas supplier source category under subpart OO of such part, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (D) the electrical equipment manufacturing or refurbishment category under subpart SS of such part, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (2) the emission of trifluoride from any facility that is included under— (A) the industrial gas supplier source category under subpart OO of part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act (B) the source category for importers and exporters of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams under subpart QQ of such part, as in effect on the date of the enactment of the American Opportunity Carbon Fee Act 4693. Escaped methane (a) Reporting program (1) In general Not later than January 1, 2016, the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Energy Information Administration, shall establish and implement a program to provide for the collection of data on methane emissions by major non-natural sources, including methane emissions attributable to the extraction and distribution of coal, petroleum products, and natural gas. (2) Annual report Not later than 12 months after the date that the Secretary implements the program described in paragraph (1), and annually thereafter, the Secretary shall issue a report, to be made available to the public and the appropriate Committees of Congress, on methane emissions, including— (A) identification of all major non-natural source categories of methane emissions, (B) the total amount, expressed in tons of carbon dioxide equivalent, of— (i) methane emissions attributable to the extraction and distribution of coal within the United States during the preceding calendar year, (ii) methane emissions attributable to the extraction and distribution of petroleum products within the United States during the preceding calendar year, and (iii) methane emissions attributable to the extraction and distribution of natural gas within the United States during the preceding calendar year, and (C) the total amount, expressed in tons of carbon dioxide equivalent, of— (i) greenhouse gas emissions attributable to the extraction, distribution, and combustion of coal within the United States during the preceding calendar year, (ii) greenhouse gas emissions attributable to the extraction, distribution, and combustion of petroleum products within the United States during the preceding calendar year, and (iii) greenhouse gas emissions attributable to the extraction, distribution, and combustion of natural gas within the United States during the preceding calendar year. (b) Supplementary fee for escaped methane (1) Coal In the case of any calendar year beginning after 2016, the fee imposed under section 4691(a)(1) with respect to coal shall be increased by the amount determined by the Secretary (in consultation with the Administrator of the Environmental Protection Agency) necessary to ensure that the total fees collected under such section with respect to coal are equal to the total amount of such fees that would be collected on coal if the fee imposed under section 4691(a)(1) applied to the carbon-dioxide equivalent of methane emissions reported under subsection (a)(2)(B)(i). (2) Petroleum products In the case of any calendar year beginning after 2016, the fee imposed under section 4691(a)(1) with respect to petroleum products shall be increased by the amount determined by the Secretary (in consultation with the Administrator of the Environmental Protection Agency) necessary to ensure that the total fees collected under such section with respect to petroleum products are equal to the total amount of such fees that would be collected on petroleum products if the fee imposed under section 4691(a)(1) applied to the carbon-dioxide equivalent of methane emissions reported under subsection (a)(2)(B)(ii). (3) Natural gas In the case of any calendar year beginning after 2016, the fee imposed under section 4691(a)(1) with respect to natural gas shall be increased by the amount determined by the Secretary (in consultation with the Administrator of the Environmental Protection Agency) necessary to ensure that the total fees collected under such section with respect to natural gas are equal to the total amount of such fees that would be collected on natural gas if the fee imposed under section 4691(a)(1) applied to the carbon-dioxide equivalent of methane emissions reported under subsection (a)(2)(B)(iii). 4694. Border adjustments (a) Exports (1) In general In the case of any good exported from the United States that— (A) is manufactured using as an input— (i) any coal, petroleum product, or natural gas that is subject to a fee under section 4691(a)(1) or 4693(b), or (ii) any product manufactured in a facility that is subject to a fee under section 4691(a)(2) or 4692(a), and (B) as a result of such fee, has been determined by the Secretary to be placed at a competitive disadvantage in foreign markets against similar goods that are manufactured using inputs not subject to equivalent greenhouse gas or carbon content taxes or fees, the Secretary may provide an equivalency refund to the person exporting such good in an amount determined under paragraph (2). (2) Equivalency refund For any good identified by the Secretary under paragraph (1), the amount determined under this paragraph shall be equal to the difference between— (A) the amount of the cost of such good attributable to any fees imposed under this subchapter on inputs used in the manufacturing of such good (as determined under regulations established by the Secretary), and (B) the amount, if any, of the cost of such good which would be attributable to comparable greenhouse gas or carbon content taxes or fees imposed by the foreign nation or substantial governmental unit to which such good is exported if the inputs used in the manufacturing of such good were subject to such taxes or fees (as determined under regulations established by the Secretary). (b) Imports (1) In general In the case of any good imported into the United States— (A) that is manufactured using as an input— (i) any coal, petroleum product, or natural gas that is not subject to a fee under section 4691(a)(1) or 4693(b), or (ii) any product manufactured in a facility that is not subject to a fee under section 4691(a)(2) or 4692(a), and (B) is placed at a competitive disadvantage compared to similar goods in the domestic market which are manufactured using inputs subject to such a fee, as determined under regulations established by the Secretary, the Secretary may impose an equivalency fee on the person importing such good in an amount determined under paragraph (2). (2) Equivalency fee For any good identified by the Secretary under paragraph (1), the amount determined under this paragraph shall be equal to the difference between— (A) the amount of the cost of such good which would be attributable to any fees imposed under this subchapter on inputs used in the manufacturing of such good if the inputs used in manufacturing such good were subject to such fees (as determined under regulations established by the Secretary), and (B) the amount, if any, of the cost of such good which is attributable to comparable greenhouse gas or carbon content taxes or fees imposed by the foreign nation or substantial governmental unit from which such good is imported (as determined under regulations established by the Secretary). (c) Regulatory authority The Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Energy in establishing rules and regulations implementing the purposes of this section. 4695. Definitions and other rules (a) Definitions For purposes of this subchapter: (1) Carbon dioxide equivalent (A) In general Except as provided under subparagraph (B), the term carbon dioxide equivalent American Opportunity Carbon Fee Act (B) Exception for hydrofluorocarbons In the case of hydrofluorocarbons emitted from any facility that is included under— (i) the industrial gas supplier source category under subpart OO of part 98 of title 40, Code of Federal Regulations, or (ii) the source category for importers and exporters of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams under subpart QQ of such part, the term carbon dioxide equivalent American Opportunity Carbon Fee Act (2) Greenhouse gas The term greenhouse gas American Opportunity Carbon Fee Act (3) Coal The term coal (4) Petroleum product The term petroleum product (5) Ton (A) In general The term ton ton (B) Fractional part of ton In the case of a fraction of a ton, any fee imposed by this subchapter on such fraction shall be the same fraction of the amount of such fee imposed on a whole ton. (6) United States The term United States (b) Other rules (1) Assessment and collection Subject to subsection (d), payment of the fee imposed by sections 4691, 4692, and 4693 shall be assessed and collected in the same manner as taxes under this subtitle. (2) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter. . (b) Clerical amendment The table of subchapters for chapter 38 SUBCHAPTER E—Carbon dioxide and other greenhouse gas emission fees . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 3. American Opportunity Fund (a) Establishment of fund Subchapter A of chapter 98 9512. American Opportunity Fund (a) Creation of Fund There is established in the Treasury of the United States a trust fund to be known as the American Opportunity Fund (b) Transfers to Fund There is hereby credited to the American Opportunity Fund an amount equal to the budgetary effects for the American Opportunity Carbon Fee Act American Opportunity Carbon Fee Act (c) Expenditures from Fund (1) In general Subject to paragraph (2), amounts in the American Opportunity Fund shall be made available for the following uses to assist American families and businesses: (A) Providing economic assistance to low-income households or households in regions with disproportionately high energy costs. (B) Transfers to the general fund of the Treasury to offset tax cuts. (C) Transfers to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) to provide supplemental funding for increases in Social Security benefits. (D) Providing tuition assistance for higher education or alleviating Federal student loan debt. (E) Investing in improvements to the infrastructure of the United States. (F) Providing dividends directly to individuals and families. (G) Providing transition assistance to workers and businesses in energy intensive and fossil fuel industries. (H) Investing in mitigation and adaptation measures that promote national security, protect public health, conserve natural resources, or fulfill international climate commitments made by the United Nations Framework Convention on Climate Change. (I) Reducing the debt of the United States. (2) Limitation No amount may be made available from the American Opportunity Fund to create any new government agency or to fund government operations beyond what is necessary to carry out the uses provided in paragraph (1). . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end thereof the following new item: Sec. 9512. American Opportunity Fund. . 4. Public disclosure of revenues and expenditures (a) Establishment of website The Secretary of the Treasury, or the Secretary's designee, shall establish a website for purposes of making the disclosures described in subsection (b). (b) Disclosures The Secretary shall make publicly available, on an ongoing basis and as frequently as possible, the following information: (1) The amount and sources of revenue attributable to this Act and the amendments made by this Act. (2) The amount, programs, and purposes for which expenditures are made from the American Opportunity Fund. 5. Budgetary provisions (a) Budgetary effects of this Act (1) Paygo scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (2) Senate paygo scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). (b) Exclusion from determination of breach Section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a) (8) American Opportunity Fund In determining whether there has been a breach during a fiscal year, the Office of Management and Budget shall not include amounts appropriated from the American Opportunity Fund during the fiscal year as discretionary appropriations if the Director of the Office of Management and Budget determines that amounts are appropriated to assist American families and businesses in a manner described in section 9512(c) of the Internal Revenue Code of 1986. . (c) PAYGO legislation Section 4 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933 (h) Offset from American Opportunity Fund In determining the budgetary effects of a PAYGO Act, CBO or OMB, as applicable, shall treat any amounts transferred from the American Opportunity Fund to the General Fund of the Treasury under the PAYGO Act as a savings if the Director of CBO or the Director of OMB, as applicable, determines that the amounts are transferred to assist American families and businesses in a manner described in section 9512(c) . 6. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

American Opportunity Carbon Fee Act

Combat Human Trafficking Act of 2014 - Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims.    Requires the Director of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that DOJ anti-human trafficking training programs, including programs for federal, state, or local law enforcement officers, include technical training on effective methods for investigating and prosecuting buyers of commercial sex involving sex trafficking victims.

113 S2941 IS: Combat Human Trafficking Act of 2014 U.S. Senate 2014-11-19 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. 2941 IN THE SENATE OF THE UNITED STATES November 19, 2014 Mrs. Feinstein Mr. Portman Committee on the Judiciary A BILL To combat human trafficking. 1. Short title This Act may be cited as the Combat Human Trafficking Act of 2014 2. Reducing demand for sex trafficking; lower mens rea for sex trafficking of underage victims (a) Clarification of range of conduct punished as sex trafficking Section 1591 (1) in subsection (a)(1), by striking or maintains maintains, patronizes, or solicits (2) in subsection (b)— (A) in paragraph (1), by striking or obtained obtained, patronized, or solicited (B) in paragraph (2), by striking or obtained obtained, patronized, or solicited (3) by striking subsection (c) and inserting the following: (c) In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years. . (b) Definition amended Section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) or obtaining obtaining, patronizing, or soliciting (c) Minimum period of supervised release for conspiracy To commit commercial child sex trafficking Section 3583(k) 1594(c), 1591, 3. Bureau of Justice Statistics report on State enforcement of sex trafficking prohibitions (a) Definitions In this section— (1) the terms commercial sex act severe forms of trafficking in persons State Task Force 22 U.S.C. 7102 (2) the term covered offense (3) the term State law enforcement officer (b) Report The Director of the Bureau of Justice Statistics shall— (1) prepare an annual report on— (A) the rates of— (i) arrest of individuals by State law enforcement officers for a covered offense; (ii) prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii) conviction of individuals in State court systems for a covered offense; and (B) sentences imposed on individuals convicted in State court systems for a covered offense; and (2) submit the annual report prepared under paragraph (1) to— (A) the Committee on the Judiciary of the House of Representatives; (B) the Committee on the Judiciary of the Senate; (C) the Task Force; (D) the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(g) (E) the Attorney General. 4. Department of Justice training and policy (a) Definitions In this section— (1) the terms commercial sex act severe forms of trafficking in persons State 22 U.S.C. 7102 (2) the term Federal law enforcement officer section 115 (3) the term local law enforcement officer (4) the term State law enforcement officer (b) Training The Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit a commercial sex act involving a person subject to severe forms of trafficking in persons. (c) Policy for Federal law enforcement officers The Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of individuals described in subsection (b). 5. Wiretap authority for human trafficking violations Section 2516 (1) in paragraph (1)(c)— (A) by inserting before section 1591 section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor), (B) by inserting before section 1751 section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor), (2) in paragraph (2), by inserting human trafficking, child sexual exploitation, child pornography production, kidnapping, 6. Strengthening crime victims' rights (a) Notification of plea agreement or other agreement Section 3771(a) (9) The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement. . (b) Appellate review of petitions relating to crime victims' rights (1) In general Section 3771(d)(3) In deciding such application, the court of appeals shall apply ordinary standards of appellate review. (2) Application The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3)

Combat Human Trafficking Act of 2014

Infectious Disease Hospital Hubs Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS), in an emergency or significant potential emergency which involves a specific infectious disease that requires the isolation and specialized treatment of patients, to award grants to states to improve surge capacity at hospitals designated by the state and enhance community and hospital preparedness. Allows HHS to award additional grants to compensate designated hospitals for unreimbursed costs for treating infectious disease patients or for damages for lost business activity or lost services attributable to the treatment of those patients.

113 S2942 IS: Infectious Disease Hospital Hubs Act U.S. Senate 2014-11-19 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. 2942 IN THE SENATE OF THE UNITED STATES November 19, 2014 Mr. Markey Mr. Portman Committee on Health, Education, Labor, and Pensions A BILL To establish a Hospital Fund for the treatment of individuals with Ebola or other specified infectious diseases. 1. Short title This Act may be cited as the Infectious Disease Hospital Hubs Act 2. Public Health and Social Services Emergency fund Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 319C–3. Treatment of individuals with Ebola or other infectious diseases (a) In general If the Secretary determines that there is an emergency, or significant potential for an emergency, that involves a specific infectious disease, the Secretary, after consultation with appropriate public health officials, may award grants under subsection (b) to prepare for such emergency or potential emergency and grants to provide compensatory awards under subsection (c), as may be appropriate. (b) Grants for surge capacity and To enhance community and hospital preparedness (1) In general The Secretary may award grants to States to enable such States to improve surge capacity and enhance community and hospital preparedness for an emergency involving a specified infectious disease. (2) Eligibility To be eligible for an award under this subsection, a State shall— (A) designate, in consultation with the Centers for Disease Control and Prevention and lead health officials of the State, one or more hospitals that volunteer to treat individuals with a specified infectious disease; and (B) submit an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will adhere to any applicable guidelines established by the Secretary. (3) Use of funds An award under this subsection shall be expended for any of the following activities needed to treat individuals with a specified infectious disease: (A) Renovating, constructing, or retrofitting a hospital or building. (B) Purchasing mobile specialized infectious disease isolation units and equipment. (C) Acquiring personal protective equipment to be used by health care workers during management of patients. (D) Hiring additional staff as necessary to replace staff assigned to treat individuals with a specified infectious disease. (E) Overtime of existing staff for treatment of individuals with a specified infectious disease. (F) Handling, transporting, and disposing of waste related to the specialized treatment of a specified infectious disease. (G) Covering direct and indirect costs associated with treatment of a specified infectious disease. (H) Training health care professionals and other hospital staff, as appropriate, regarding— (i) procedures and protocols with respect to a specified infectious disease; (ii) appropriate use of personal protective equipment; (iii) screening questions, triage techniques, and health information technology related to an infectious disease, such as Ebola; (iv) identification, testing, and specimen collection and transport procedures with respect to a specified infectious disease; (v) isolation and quarantine procedures; (vi) cleaning and disinfection protocols; (vii) handling, transporting, and disposing of waste related to the specialized treatment of a specified infectious disease; or (viii) handling of human remains of patients with a specified infectious disease. (4) Technical assistance The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Assistant Secretary for Preparedness and Response, or other heads of agencies of the Department of Health and Human Services, may provide to States awarded grants under this subsection technical assistance on— (A) procedures and protocols with respect to a specified infectious disease; (B) appropriate use of personal protective equipment; (C) screening questions, triage techniques, and health information technology related to an infectious disease, such as Ebola; (D) identification, testing, and specimen collection and transport procedures with respect to a specified infectious disease; (E) isolation and quarantine procedures; (F) cleaning and disinfection protocols; (G) handling, transport, and disposal of waste related to the specialized treatment of a specified infectious disease; or (H) handling of human remains of patients with a specified infectious disease. (c) Grants for distribution of compensatory awards (1) In general The Secretary may award additional grants to States that receive a grant under subsection (b) for the purpose of distributing compensatory awards to any hospital within the State that has been designated under subsection (b)(2)(A) and has treated an individual with a specified infectious disease. (2) Use of funds A grant awarded under this subsection shall be distributed to any hospital described in paragraph (1) in order to compensate such hospital for— (A) documented costs associated with the specialized treatment of an individual with a specified infectious disease, except such compensation may not be provided for the cost of any treatment, payment for which has been made, or can reasonably be expected to be made, under any State compensation program, under an insurance policy, under any Federal or State health benefits program, or by an entity that provides health services on prepaid basis; or (B) damages for lost business activity or lost services directly attributable to the specialized treatment of a specific infectious disease, provided that such damages are supported by a reasonably accurate measurement or estimate, including appropriate documentation supporting the claim. (d) Definitions In this section— (1) the term infectious disease (2) the term specified infectious disease (e) Use of grant funds A State receiving funds under subsection (b) or (c) shall expend such funds solely for any of the purposes described in paragraphs (3) and (4) of subsection (b) or solely for disbursement to hospitals under subsection (c)(2), as applicable. Any funds not so expended or disbursed within 90 days of receipt of such funds shall be returned to the Secretary and shall remain available for the purpose of carrying out this section. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $125,000,000 for the period of fiscal years 2015 through 2019, to remain available until expended. .

Infectious Disease Hospital Hubs Act

No Social Security for Nazis Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to consider the following individuals to be removed under the Immigration and Nationality Act and so to have their OASDI benefits terminated: an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside where such action is based on conduct relating to participation in Nazi persecution, concealment of a material fact about such conduct, or willful misrepresentation about such conduct; and an individual who, pursuant to a settlement agreement with the Attorney General (AG), has admitted to such conduct and has lost status as a U.S. national by renouncing that status. Requires such individuals to have been considered removed under such Act as of the date of the revocation, setting aside, or renunciation. Prohibits such individuals from receiving other Social Security benefits based on the wages and self-employment income of any other individual. Prohibits the payment to such individuals also of any benefits under SSA tile XVI (Supplemental Security Income) (SSI). Requires the AG or the Secretary of Homeland Security (DHS) to notify the Commissioner of Social Security of such revocations, setting asides, and renunciations of nationality.

113 S2944 IS: No Social Security for Nazis Act U.S. Senate 2014-11-19 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. 2944 IN THE SENATE OF THE UNITED STATES November 19, 2014 Mr. Hatch Committee on Finance A BILL To amend the Social Security Act to provide for the termination of social security benefits for individuals who participated in Nazi persecution, and for other purposes. 1. Short title This Act may be cited as the No Social Security for Nazis Act 2. Findings Congress finds the following: (1) Congress enacted social security legislation to provide earned benefits for workers and their families, should they retire, become disabled, or die. (2) Congress never intended for participants in Nazi persecution to be allowed to enter the United States or to reap the benefits of United States residency or citizenship, including participation in the Nation’s Social Security program. 3. Termination of benefits (a) In general Section 202(n)(3) of the Social Security Act ( 42 U.S.C. 402(n)(3) (3) For purposes of paragraphs (1) and (2) of this subsection— (A) an individual against whom a final order of removal has been issued under section 237(a)(4)(D) of the Immigration and Nationality Act on grounds of participation in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final; (B) an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and (C) an individual who pursuant to a settlement agreement with the Attorney General has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunciation under section 349(a)(5) of the Immigration and Nationality Act shall be considered to have been removed as described in paragraph (1) as of the date of such renunciation. . (b) Other benefits Section 202(n) of such Act ( 42 U.S.C. 402(n) (4) In the case of any individual described in paragraph (3) whose monthly benefits are terminated under paragraph (1)— (A) no benefits otherwise available under section 202 based on the wages and self-employment income of any other individual shall be paid to such individual for any month after such termination; and (B) no supplemental security income benefits under title XVI shall be paid to such individual for any such month, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 . 4. Notifications Section 202(n)(2) of the Social Security Act ( 42 U.S.C. 402(n)(2) (2) (A) In the case of the removal of any individual under any of the paragraphs of section 237(a) of the Immigration and Nationality Act (other than under paragraph (1)(C) of such section) or under section 212(a)(6)(A) of such Act, the revocation and setting aside of citizenship of any individual under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), or the renunciation of nationality by any individual under section 349(a)(5) of such Act pursuant to a settlement agreement with the Attorney General where the individual has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) occurring after the date of the enactment of the No Social Security for Nazis Act No Social Security for Nazis Act (B) (i) Not later than 30 days after the enactment of the No Social Security for Nazis Act (ii) Not later than 30 days after each notification with respect to an individual under subparagraph (A), the Commissioner of Social Security shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual’s benefits were terminated under this subsection. . 5. Effective date The amendments made by this Act shall apply with respect to benefits paid for any month beginning after the date of the enactment of this Act.

No Social Security for Nazis Act

Senator Paul Simon Water for the World Act of 2014 - (Sec. 2) Expresses the sense of Congress that: (1) water and sanitation are critically important resources that impact many aspects of human life, and (2) the United States should be a global leader in helping provide sustainable access to clean water and sanitation for the world's most vulnerable populations. (Sec. 3) Amends the Foreign Assistance Act of 1961, as added by the Senator Paul Simon Water for the Poor Act of 2005, to include the provision of safe hygiene among the goals of the program providing assistance for safe water and sanitation. (Sec. 4) Directs the Administrator of the U.S. Agency for International Development (USAID), or the Administrator's designee, to serve concurrently as the USAID Global Water Coordinator, and to: oversee USAID water, sanitation, and hygiene programs; lead the implementation and revision, at least once every five years, of USAID's portion of the Global Water Strategy; and expand USAID's program capacity in high priority countries. Directs the Secretary of State, or the Secretary's designee, to serve concurrently as the Department of State Special Advisor for Water Resources, and serve similar functions in the Department of State as the Global Water Coordinator does in USAID. (Sec. 5) Directs the Administrator to ensure that USAID projects and programs are designed to achieve maximum impact and long-term sustainability by prioritizing countries based upon: the population using unimproved drinking water or sanitation sources; the number of children younger than five years of age who died from diarrheal disease; and the government's capacity and commitment to work with the United States to improve access to safe water, sanitation, and hygiene. Directs the President to: (1) designate by October 1, 2015, at least 10 countries as high priority countries to be the primary recipients of U.S. government assistance under this Act during FY2016, and notify Congress of such designations; and (2) make new designations each year. (Sec. 6) Directs the President, not later than October 1, 2017, and every five years thereafter, through the Secretary, the Administrator, and the heads of other federal departments and agencies, to submit a single government-wide Global Water Strategy to Congress that describes how the United States intends to: increase access to safe water, sanitation, and hygiene in high priority countries; improve the management of water resources and watersheds in such countries; and work to prevent and resolve intra- and trans-boundary conflicts over water resources in such countries. Requires: (1) the Global Water Strategy to include plans by USAID and the Department on how each entity carries out its responsibilities under this Act, and (2) the Administrator to develop for each high priority country a plan to increase access to safe water, sanitation, and hygiene.

113 S2946 IS: Senator Paul Simon Water for the World Act of 2014 U.S. Senate 2014-11-20 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. 2946 IN THE SENATE OF THE UNITED STATES November 19, 2014 Mr. Durbin Mr. Corker Mr. Coons Mr. Flake Committee on Foreign Relations A BILL To provide improved water, sanitation, and hygiene programs for high priority developing countries, and for other purposes. 1. Short title This Act may be cited as the Senator Paul Simon Water for the World Act of 2014 2. Sense of Congress It is the sense of Congress that— (1) water and sanitation are critically important resources that impact many other aspects of human life; (2) the United States should be a global leader in helping provide sustainable access to clean water and sanitation for the world’s most vulnerable populations; and (3) the USAID Water and Development Strategy, 2013–2018 (A) improves USAID’s capacity to provide sustainable water, sanitation, and hygiene assistance; (B) advances implementation of portions of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 (C) should inform the Global Water Strategy required under section 136(j) of the Foreign Assistance Act of 1961, as added by section 6 of this Act. 3. Clarification of assistance to provide safe water and sanitation to include hygiene Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended— (1) by redesignating section 135 ( 22 U.S.C. 2152h Public Law 109–121 (2) in section 136, as redesignated— (A) in the section heading, by striking and sanitation , sanitation, and hygiene (B) in subsection (b), by striking and sanitation , sanitation, and hygiene 4. Improving coordination and oversight of safe water, sanitation and hygiene projects and activities Section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by this Act, is further amended by adding at the end the following: (e) Coordination and oversight (1) USAID global water coordinator (A) Designation The Administrator of the United States Agency for International Development (referred to in this paragraph as USAID Coordinator (B) Specific duties The Coordinator shall— (i) provide direction and guidance to, coordinate, and oversee the projects and programs of USAID authorized under this section; (ii) lead the implementation and revision, not less frequently than once every 5 years, of USAID’s portion of the Global Water Strategy required under subsection (j); (iii) seek— (I) to expand the capacity of USAID, subject to the availability of appropriations, including through the designation of a lead subject matter expert selected from among USAID staff in each high priority country designated pursuant to subsection (h); (II) to implement such programs and activities; (III) to take advantage of economies of scale; and (IV) to conduct more efficient and effective projects and programs; (iv) coordinate with the Department of State and USAID staff in each high priority country designated pursuant to subsection (h) to ensure that USAID activities and projects, USAID program planning and budgeting documents, and USAID country development strategies reflect and seek to implement— (I) the safe water, sanitation, and hygiene objectives established in the strategy required under subsection (j), including objectives relating to the management of water resources; and (II) international best practices relating to— (aa) increasing access to safe water and sanitation; (bb) conducting hygiene-related activities; and (cc) ensuring appropriate management of water resources; and (v) develop appropriate benchmarks, measurable goals, performance metrics, and monitoring and evaluation plans for USAID projects and programs authorized under this section. (2) Department of state special coordinator for water resources (A) Designation The Secretary of State or the Secretary’s designee, who shall be a current employee of the Department of State serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Secretary or higher, shall serve concurrently as the Department of State Special Advisor for Water Resources (referred to in this paragraph as the Special Advisor (B) Specific duties The Special Advisor shall— (i) provide direction and guidance to, coordinate, and oversee the projects and programs of the Department of State authorized under this section; (ii) lead the implementation and revision, not less than every 5 years, of the Department of State’s portion of the Global Water Strategy required under subsection (j); (iii) prioritize and coordinate the Department of State’s international engagement on the allocation, distribution, and access to global fresh water resources and policies related to such matters; (iv) coordinate with United States Agency for International Development and Department of State staff in each high priority country designated pursuant to subsection (h) to ensure that United States diplomatic efforts related to safe water, sanitation, and hygiene, including efforts related to management of water resources and watersheds and the resolution of intra- and trans-boundary conflicts over water resources, are consistent with United States national interests; and (v) represent the views of the United States Government on the allocation, distribution, and access to global fresh water resources and policies related to such matters in key international fora, including key diplomatic, development-related, and scientific organizations. (3) Additional nature of duties and restriction on additional or supplemental compensation The responsibilities and specific duties of the Administrator of the United States Agency for International Development (or the Administrator’s designee) and the Secretary of State (or the Secretary’s designee) under paragraph (2) or (3), respectively, shall be in addition to any other responsibilities or specific duties assigned to such individuals. Such individuals shall receive no additional or supplemental compensation as a result of carrying out such responsibilities and specific duties under such paragraphs. . 5. Promoting the maximum impact and long-term sustainability of USAID safe water, sanitation, and hygiene-related projects and programs Section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by this Act, is further amended by adding at the end the following: (f) Priorities and criteria for maximum impact and long-Term sustainability The Administrator of the United States Agency for International Development shall ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability by— (1) prioritizing countries on the basis of the following clearly defined criteria and indicators, to the extent sufficient data are available— (A) the proportion of the population using an unimproved drinking water source; (B) the total population using an unimproved drinking water source; (C) the proportion of the population without piped water access; (D) the proportion of the population using shared or other unimproved sanitation facilities; (E) the total population using shared or other unimproved sanitation facilities; (F) the proportion of the population practicing open defecation; (G) the total number of children younger than 5 years of age who died from diarrheal disease; (H) the proportion of all deaths of children younger than 5 years of age resulting from diarrheal disease; (I) the national government’s capacity, capability, and commitment to work with the United States to improve access to safe water, sanitation, and hygiene, including— (i) the government’s capacity and commitment to developing the indigenous capacity to provide safe water and sanitation without the assistance of outside donors; and (ii) the degree to which such government— (I) identifies such efforts as a priority; and (II) allocates resources to such efforts; (J) the availability of opportunities to leverage existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources; and (K) the likelihood of making significant improvements on a per capita basis on the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions seeking to ensure that communities benefitting from such projects and activities develop the indigenous capacity to provide safe water and sanitation without the assistance of outside donors; (2) prioritizing and measuring, including through rigorous monitoring and evaluating mechanisms, the extent to which such project or program— (A) furthers significant improvements in— (i) the criteria set forth in subparagraphs (A) through (H) of paragraph (1); (ii) the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions; and (iii) the indigenous capacity of the host nation or community to provide safe water and sanitation without the assistance of outside donors; (B) is designed, as part of the provision of safe water and sanitation to the local community— (i) to be financially independent over the long term, focusing on local ownership and sustainability; (ii) to be undertaken in conjunction with relevant public institutions or private enterprises; (iii) to identify and empower local individuals or institutions to be responsible for the effective management and maintenance of such project or program; and (iv) to provide safe water or expertise or capacity building to those identified parties or institutions for the purposes of developing a plan and clear responsibilities for the effective management and maintenance of such project or program; (C) leverages existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources; (D) avoids duplication of efforts with other United States Government agencies or departments or those of other nations or nongovernmental organizations; (E) coordinates such efforts with the efforts of other United States Government agencies or departments or those of other nations or nongovernmental organizations directed at assisting refugees and other displaced individuals; and (F) involves consultation with appropriate stakeholders, including communities directly affected by the lack of access to clean water, sanitation or hygiene, and other appropriate nongovernmental organizations; (3) seeking to further the USAID Water and Development Strategy, 2013–2018 (4) seeking to further the strategy required under subsection (j) after 2018. (g) Use of improved data collection and review of new standardized indicators (1) In general The Administrator of the United States Agency for International Development is authorized to use improved data collection— (A) to meet the health-based prioritization criteria established pursuant to subsection (f)(1); and (B) to review new standardized indicators in evaluating progress towards meeting such criteria. (2) Consultation and notice The Administrator shall— (A) regularly consult with the appropriate congressional committees; and (B) notify such committees not later 30 days before using improved data collection and review of new standardized indicators under paragraph (1) for the purposes of carrying out this section. (h) Designation of high priority countries (1) Initial designation Not later than October 1, 2015, the President shall— (A) designate, on the basis of the criteria set forth in subsection (f)(1) and in furtherance of the USAID Water and Development Strategy, 2013–2018 (B) notify the appropriate congressional committees of such designations. (2) Annual designations (A) In general Except as provided in subparagraph (B), the President shall annually make new designations pursuant to the criteria set forth in paragraph (1). (B) Designations after fiscal year 2018 Beginning with fiscal year 2019, designations under paragraph (1) shall be made— (i) based upon the criteria set forth in subsection (f)(1); and (ii) in furtherance of the strategy required under subsection (j). (i) Targeting of projects and programs to areas of greatest need (1) In general Not later than 15 days before the obligation of any funds for water, sanitation, or hygiene projects or programs pursuant to this section in countries that are not ranked in the top 50 countries based upon the WASH Needs Index, the Administrator of the United States Agency for International Development shall notify the appropriate congressional committees of the planned obligation of such funds. (2) Defined term In this subsection and in subsection (j), the term WASH Needs Index . 6. United States strategy to increase appropriate long-term sustainability and access to safe water, sanitation, and hygiene (a) In general Section 136 of the Foreign Assistance Act of 1961, as redesignated and amended by this Act, is further amended by adding at the end the following: (j) Global water strategy (1) In general Not later than October 1, 2017, and every 5 years thereafter, the President, acting through the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other Federal departments and agencies, as appropriate, shall submit a single government-wide Global Water Strategy to the appropriate congressional committees that provides a detailed description of how the United States intends— (A) to increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h), including a summary of the WASH Needs Index and the specific weighting of data and other assumptions used to develop and rank countries on the WASH Needs Index; (B) to improve the management of water resources and watersheds in such countries; and (C) to work to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries. (2) Agency-specific plans The Global Water Strategy shall include an agency-specific plan— (A) from the United States Agency for International Development that describes specifically how the Agency for International Development will— (i) carry out the duties and responsibilities assigned to the Global Water Coordinator under subsection (e)(1); (ii) ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability, including by implementing the requirements described in subsection (f); and (iii) increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h); (B) from the Department of State that describes specifically how the Department of State will— (i) carry out the duties and responsibilities assigned to the Special Coordinator for Water Resources under subsection (e)(2); and (ii) ensure that the Department’s activities authorized under this section are designed— (I) to improve management of water resources and watersheds in countries designated pursuant to subsection (h); and (II) to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries; and (C) from other Federal departments and agencies, as appropriate, that describes the contributions of the departments and agencies to implementing the Global Water Strategy. (3) Individualized plans for high priority countries For each high priority country designated pursuant to subsection (h), the Administrator of the United States Agency for International Development shall— (A) develop a costed, evidence-based, and results-oriented plan that— (i) seeks to achieve the purposes of this section; and (ii) meets the requirements under subsection (f); and (B) include such plan in an appendix to the Global Water Strategy required under paragraph (1). (4) First time access reporting requirement The Global Water Strategy shall specifically describe the target percentage of funding for each fiscal year covered by such strategy to be directed toward projects aimed at providing first-time access to safe water and sanitation. (5) Performance indicators The Global Water Strategy shall include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans required to be developed by the Administrator of the United States Agency for International Development pursuant to subsection (e)(1)(B)(v). (6) Consultation and best practices The Global Water Strategy shall— (A) be developed in consultation with the heads of other appropriate Federal departments and agencies; and (B) incorporate best practices from the international development community. (k) Definition In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate (2) the Committee on Appropriations of the Senate (3) the Committee on Foreign Affairs of the House of Representatives (4) the Committee on Appropriations of the House of Representatives . (b) Department of State agency-Specific plan Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit an agency-specific plan to the appropriate congressional committees (as defined in section 136(k) of the Foreign Assistance Act of 1961, as added by subsection (a)) that meets the requirements of section 136(j)(2)(B) of such Act, as added by subsection (a). (c) Conforming amendment Section 6 of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121

Senator Paul Simon Water for the World Act of 2014

Medicaid Generic Drug Price Fairness Act - Amends title XIX (Medicaid) of the Social Security Act to extend to manufacturers of generic drugs the requirement that drug manufacturers in certain circumstances pay an additional rebate to state Medicaid programs.

113 S2948 IS: Medicaid Generic Drug Price Fairness Act U.S. Senate 2014-11-20 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. 2948 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Sanders Committee on Finance A BILL To extend the requirement that drug manufacturers that increase prices faster than inflation pay an additional rebate to State Medicaid programs to include manufacturers of generic drugs. 1. Short title This Act may be cited as the Medicaid Generic Drug Price Fairness Act 2. Applying the Medicaid additional rebate requirement to manufacturers of generic drugs (a) In general Section 1927(c)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(3)(A) (1) in clause (ii), by striking the period and inserting , (2) by adding at the end the following flush text: and shall be increased by an amount determined in the same manner as the increase in the amount of a rebate for a single source drug or an innovator multiple source drug is determined under paragraph (2). . (b) Effective date The amendments made by this section shall apply to rebate periods beginning on or after the date of enactment of this Act.

Medicaid Generic Drug Price Fairness Act

Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.

113 S2949 IS: Motor Vehicle Safety Whistleblower Act U.S. Senate 2014-11-20 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. 2949 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Thune Mr. Nelson Mr. Heller Mrs. McCaskill Ms. Klobuchar Committee on Commerce, Science, and Transportation A BILL To improve motor vehicle safety by encouraging the sharing of certain information. 1. Short title This Act may be cited as the Motor Vehicle Safety Whistleblower Act 2. Motor vehicle safety whistleblower incentives and protections (a) In general Subchapter IV of chapter 301 30172. Whistleblower incentives and protections (a) Definitions In this section: (1) Covered action The term covered action (2) Monetary sanctions The term monetary sanctions (3) Original information The term original information (A) is derived from the independent knowledge or analysis of an individual; (B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information. (4) Part supplier The term part supplier (5) Successful resolution The term successful resolution (6) Whistleblower The term whistleblower (b) Awards (1) In general If the original information that a whistleblower provided to the Secretary led to the successful resolution of a covered action, the Secretary, subject to subsection (c) and under the regulations promulgated under subsection (i), may pay an award or awards to 1 or more whistleblowers in an aggregate amount of not more than 30 percent, in total, of collected monetary sanctions. (2) Payment of awards Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment. (c) Determination of awards; denial of awards (1) Determination of awards (A) Discretion The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary. (B) Criteria In determining an award made under subsection (b), the Secretary shall take into consideration— (i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership; (ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action; (iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and (iv) such additional factors as the Secretary considers relevant. (2) Denial of awards No award under subsection (b) shall be made— (A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section; (B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter; (C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower; or (D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation. (d) Representation A whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (e) No contract necessary No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b). (f) Appeals (1) In general Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary. (2) Appeals Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary. (3) Review The court shall review the determination made by the Secretary in accordance with section 706 of title 5, United States Code. (g) Protection of whistleblowers; confidentiality (1) In general Notwithstanding section 30167, and except as provided in paragraphs (2) and (3) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a section 552 (2) Effect Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (3) Availability to government agencies (A) In general Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following: (i) The Department of Justice. (ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction. (B) Maintenance of information Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). (h) Provision of false information A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 (i) Regulations Not later than 1 year after the date of enactment of the Motor Vehicle Safety Whistleblower Act . (b) Rule of construction (1) Original information Information submitted to the Secretary of Transportation by a whistleblower in accordance with the regulations to implement the requirements of section 30172, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations if that information was submitted after the date of enactment of this Act. (2) Awards A whistleblower may receive an award under section 30172, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act. (c) Conforming amendments The table of contents of subchapter IV of chapter 301 30172. Whistleblower incentives and protections. .

Motor Vehicle Safety Whistleblower Act

Physician Ambassadors Helping Veterans Act - Requires the Secretary of Veterans Affairs (VA) to use the Secretary's authority to employ certain personnel without regard to civil service or classification laws, rules, or regulations to employ physicians on a without compensation basis in any practice area or specialty for which: (1) the average waiting time for veterans seeking an appointment with a physician exceeds the VA's waiting time goals, or (2) the VA facility where the physician will be employed has demonstrated staffing shortages. Requires each VA medical facility to have a volunteer coordinator who: (1) seeks to establish relationships with medical associations serving the area, (2) recruits physicians for uncompensated employment at the facility, and (3) serves as the initial point of contact for physicians seeking uncompensated employment at the facility. Conditions an uncompensated physician's receipt of a credential or privilege to practice medicine in a VA facility on the physician's commitment to serve at least 40 hours in the facility during the ensuing 12-month period. Requires the Secretary to decide whether to grant an uncompensated physician's request for a credential or privilege to practice medicine in the VA facility within 60 days. Requires the director of a VA medical facility to approve, and accept the uncompensated services of, any physician who has made the requisite service commitment and receives a credential or privilege to practice medicine in such facility.

113 S2950 IS: Physician Ambassadors Helping Veterans Act U.S. Senate 2014-11-20 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. 2950 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Moran Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish the Physician Ambassadors Helping Veterans program to seek to employ physicians at the Department of Veterans Affairs on a without compensation basis in practice areas and specialties with staffing shortages and long appointment waiting times. 1. Short title This Act may be cited as the Physician Ambassadors Helping Veterans Act 2. Physician Ambassadors Helping Veterans program (a) In general Subchapter I of chapter 74 7405A. Physician Ambassadors Helping Veterans program (a) In general The Secretary shall seek to use the authority under section 7405 of this title to employ physicians on a without compensation basis in any practice area or speciality for which— (1) the average waiting time for veterans seeking an appointment with a physician in such practice area or specialty exceeds the waiting time goals established by the Department; or (2) the Department facility where the physician will be employed has demonstrated staffing shortages, as determined by the Secretary. (b) Volunteer coordinators There shall be in each medical facility of the Department a volunteer coordinator. The volunteer coordinator for a medical facility shall— (1) seek to establish relationships with medical associations serving the area where the facility is located; (2) recruit physicians for employment on a without compensation basis in the facility; and (3) serve as the initial point of contact for physicians seeking employment on a without compensation basis in the facility. (c) Qualifications A physician employed on a without compensation basis shall agree, as a condition of being granted a credential or privilege to practice medicine in a facility of the Department, to commit to serving a minimum of 40 hours in the facility during the 12-month period beginning on the date on which such credential or privilege is granted. (d) Credentialing process (1) The Secretary shall ensure that each physician who seeks employment at the Department on a without compensation basis receives a credential or privilege to practice medicine in the Department, or a decision that such a credential or privilege will not be granted, by not later than 60 days after the date on which the physician requests such credential or privilege. (2) The director of a medical facility of the Department shall approve, and accept the services of, any physician who meets the qualifications under subsection (c) and receives a credential or privilege to practice medicine in the facility under paragraph (1). (e) Annual report Not later than March 31 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs and the Committees on Appropriations of the Senate and House of Representatives a report on physicians employed on a without compensation basis at the Department. Each such report shall include, for the year preceding the year during which the report is submitted, each of the following: (1) The number of physicians employed on a without compensation basis by the Department in each of the Veterans Integrated Service Networks. (2) Information about staffing levels and appointment waiting times for facilities located in each such Veterans Integrated Service Networks. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7405 the following new item: 7405A. Physician Ambassadors Helping Veterans program. .

Physician Ambassadors Helping Veterans Act

Veterans Dignified Burial Act - Directs the Secretary of Veterans Affairs (VA): (1) upon confirming the veteran status of a deceased veteran in the custody of a local medical examiner, funeral director, county service group, or other similar entity, to request from such entity the specific date of the scheduled interment of such veteran; and (2) during each 30-day period following such request, to repeat the request until such entity confirms that such veteran has been interred. Requires the Secretary, by January 31 of each year, to submit to the House and Senate Veterans' Affairs Committees a report on deceased veterans who were interred after the 30-day period following the date on which the Secretary made such request. Requires the report to include: (1) the number of deceased veterans who were not interred in such 30-day period during the prior year, (2) the number of such deceased veterans who are not interred as of the date of the report, and (3) the entity with custody of each such deceased veteran.

113 S2951 IS: Veterans Dignified Burial Act U.S. Senate 2014-11-20 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. 2951 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Heller Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs is informed of the interment of deceased veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans Dignified Burial Act 2. Information concerning scheduled interments of veterans (a) In general Chapter 24 2415. Information concerning scheduled interments (a) Scheduled interment (1) At the same time that the Secretary confirms to a covered entity the veteran status of a deceased veteran in the custody of the covered entity, the Secretary shall request from the covered entity the specific date of the scheduled interment of the deceased veteran. (2) During each 30-day period following the date of a request made under paragraph (1) concerning a deceased veteran, the Secretary shall repeat such request until the date on which the covered entity confirms to the Secretary that the deceased veteran has been interred. (b) Annual report (1) Not later than January 31 of each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on deceased veterans who were interred after the 30-day period following the date on which the Secretary made a request under subsection (a). (2) Each report submitted under paragraph (1) shall include the following: (A) During the year prior to the year in which the report is submitted, the number of deceased veterans who were not interred during the period described in paragraph (1), including the covered entity that had custody of each deceased veteran. (B) The number of such deceased veterans who, as of the date of the report, are not yet interred, including the covered entity that has custody of each deceased veteran. (c) Covered entity defined In this section, the term covered entity . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2414 the following new item: 2415. Information concerning scheduled interments. .

Veterans Dignified Burial Act

Evidence-Based Policymaking Commission Act of 2014 - Establishes in the executive branch a Commission on Evidence-Based Policymaking. Directs the Commission to conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; make recommendations on how data infrastructure and protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. Requires the Commission to consider if and how to create a clearinghouse for program and survey data. Terminates the Commission not later than 18 months after enactment of this Act.

113 S2952 IS: Evidence-Based Policymaking Commission Act of 2014 U.S. Senate 2014-11-20 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. 2952 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mrs. Murray Committee on Homeland Security and Governmental Affairs A BILL To establish the Commission on Evidence-Based Policymaking, and for other purposes. 1. Short title This Act may be cited as the Evidence-Based Policymaking Commission Act of 2014 2. Establishment There is established in the executive branch a commission to be known as the Commission on Evidence-Based Policymaking Commission 3. Members of the Commission (a) Number and appointment The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom— (A) 1 shall be an academic researcher, data expert, or have experience in program administration; (B) 1 shall have expertise in database management, confidentiality, and privacy matters; and (C) 1 shall be the Director of the Office of Management and Budget (or the Director’s designee). (2) Three shall be appointed by the Speaker of the House of Representatives, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (4) Three shall be appointed by the Majority Leader of the Senate, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (5) Three shall be appointed by the Minority Leader of the Senate, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (b) Expertise In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and Co-Chairperson The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of appointments Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; vacancies Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation Members of the Commission shall serve without pay. (g) Travel expenses Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 4. Duties of the Commission (a) Study of data The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to Federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to— (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; (2) make recommendations on how data infrastructure and protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse In undertaking the study required by subsection (a), the Commission shall consider if and how to create a clearinghouse for program and survey data, which shall include evaluation of— (1) what administrative datasets that are relevant for program evaluation and Federal policy-making should be included in a potential clearinghouse; (2) which survey datasets the administrative datasets identified in paragraph (1) may be linked to, in addition to linkages across administrative data series; (3) what are the legal and administrative barriers to including or linking these data series; (4) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (5) how a clearinghouse could be self-funded; (6) which types of qualified researchers, officials, and institutions should have access to data; (7) what limitations should be placed on the use of data provided; (8) how to protect information and ensure individual privacy and confidentiality; (9) how the data and results of research can be used to inform program administrators and policymakers to improve program design; and (10) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness. (c) Report Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study required by subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition In this section, the term administrative data section 1115(h) 5. Operation and powers of the Commission (a) Administrative assistance The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Office of Management and Budget. (2) The Bureau of the Census. (3) The Internal Revenue Service. (4) The Bureau of Economic Analysis. (5) The Bureau of Labor Statistics. (6) The Department of Health and Human Services. (7) The Department of Agriculture. (8) The Department of Housing and Urban Development. (9) The Social Security Administration. (10) The Department of Education. (11) The Department of Justice. (12) Any other agency, as determined by the Commission. (b) Meetings The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of procedure The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts Subject to the availability of appropriations, the Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Census Bureau and NAPA Subject to the availability of appropriations, the Director of the Census shall contract with the National Academy of Public Administration to administer the Commission. (i) Funding (1) In general Subject to the availability of appropriations, at the request of the Director of the Census, the principal statistical agencies shall provide funds, in a total amount not to exceed $2,000,000, to the Director for purposes of funding the operations of the Commission. (2) Definition In this subsection, the term principal statistical agency Statistical Programs of the United States Government, Fiscal Year 2014 6. Personnel (a) Director The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co-chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule ( section 5316 (b) Staff The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants The Commission may procure temporary and intermittent services under section 3109(b) 7. Termination The Commission shall terminate not later than 18 months after the date of enactment of this Act.

Evidence-Based Policymaking Commission Act of 2014

Keeping America Safe from Ebola Act of 2014 - Defines "covered alien" as an alien: (1) who is a national or a resident of a country designated by the Centers for Disease Control and Prevention (CDC) as one with widespread transmission of the Ebola virus; and (2) whose last habitual residence, or last habitual residence before residence in the United States if the alien is seeking to reenter the United States, was a designated country. States that a covered alien is ineligible to: (1) receive a U.S. visa or otherwise be admitted to the United States; or (2) enter the United States if the alien was lawfully present in the United States, departed the United States and visited a designated country, and is seeking to reenter the United States. Requires the Secretary of State to revoke the visa of each covered alien. Exempts from such coverage and requirements: (1) certain aid workers, and (2) persons authorized by the Secretary of Defense (DOD) to travel to the United States for training. Directs the President to report to Congress every 30 days regarding the spread of Ebola.

113 S2953 IS: Keeping America Safe from Ebola Act of 2014 U.S. Senate 2014-11-20 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. 2953 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Rubio Mr. Grassley Mr. Roberts Mr. Thune Mr. Kirk Committee on the Judiciary A BILL To prohibit an alien who is a national of a country with a widespread Ebola virus outbreak from obtaining a visa and for other purposes. 1. Short title This Act may be cited as the Keeping America Safe from Ebola Act of 2014 2. Definitions In this Act: (1) Covered alien The term covered alien (A) who is— (i) a national of a designated country; or (ii) a resident of a designated country; and (B) whose last habitual residence, or last habitual residence prior to residence in the United States if the alien is seeking to reenter the United States, was a designated country. (2) Designated country The term designated country (3) Director The term Director (4) United States The term United States 3. Temporary ban on visas for residents of countries with widespread transmission of the Ebola virus (a) In general (1) Ineligibility for visas A covered alien is ineligible to receive a visa from the Secretary of State or otherwise be admitted to the United States. (2) Ineligibility to enter (A) In general A covered alien is ineligible to enter the United States if the alien was lawfully present in the United States, departed the United States and visited a designated country, and is seeking to reenter the United States. (B) Revocation of visa Beginning on the date of the enactment of this Act, the Secretary of State shall revoke the visa of each covered alien described in subparagraph (A). (b) Exception for aid workers Subsection (a) shall not apply to an individual who is authorized by the Administrator of the United States Agency for International Development to travel to or reside in a designated country to provide assistance related to the Ebola outbreak. (c) Exception for national security Subsection (a) shall not apply to an individual who is authorized by the Secretary of Defense to travel to the United States for necessary training. (d) Construction Subsection (a) shall not be construed to require the Secretary of State or the Secretary of Homeland Security to revoke the visa of a covered alien who— (1) is lawfully present in the United States pursuant to that visa; and (2) does not depart the United States during the term of that visa. 4. Reports Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter during the period the provisions of this Act are in effect, the President shall submit to Congress a report on the spread of the Ebola virus. Each such report shall include— (1) the status of the Ebola virus outbreak in each designated country and the progress made since the last reporting period to contain the outbreak; (2) a description of the United States assistance to each designated country to combat the Ebola virus and any changes made to levels of assistance as a result of the evolving situation since the last report; and (3) the reasons that a complete ban on travel to and from designated countries would not be in the national interest of the United States. 5. Effective period The provisions of this Act shall be in effect until the date that is 60 days after the date the Director certifies that there are no longer any designated countries.

Keeping America Safe from Ebola Act of 2014

Higher Education Affordability Act - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize HEA programs. Title I: General Provisions - Requires proprietary institutions of higher education, for student aid eligibility purposes, to derive at least 15% of their revenue from sources other than federal funds. Prohibits institutions of higher education (IHEs) that are affiliated with a consumer financial product or service from receiving HEA funds unless they take specified steps to avoid conflicts of interest. Prohibits IHEs or other postsecondary educational institutions from using revenues derived from federal educational assistance funds for recruiting or marketing activities. Requires the establishment of new college cost and assistance information resources for students, parents, and the public and the enhancement of existing resources. Prohibits a state from charging certain active duty military personnel and homeless and foster care youth tuition for attending a public institution of higher education at a rate that is greater than the rate charged for state residents. Directs the Secretary of Education to establish a complaint tracking system to collect, monitor, and respond to complaints or inquiries regarding the educational practices and services, and recruiting and marketing practices, of all postsecondary educational institutions. Establishes the Proprietary Education Oversight Coordination Committee to oversee proprietary IHEs and publish an annual Warning List for Parents and Students regarding certain issues facing such schools. Title II: Improving Educator Preparation - Revises title II of the HEA to establish a new part A program awarding grants to partnerships of high-need local educational agencies (LEAs), high-need schools, IHEs, and high-need early childhood education programs to design and implement effective educator residency programs that prepare educators for success in high-need schools. Establishes a new part B program awarding grants to states to reform and improve educator preparation programs. Establishes a new part C requiring educator preparation programs to set annual quantifiable goals for increasing the number of prospective educators trained in educator shortage areas designated by the Secretary or the applicable state. Requires states to identify and assist low-performing educator preparation programs. Cuts off federal funding for those programs that lose state support or funding due to low performance. Preserves the Honorable Augustus F. Hawkins Centers of Excellence program and the Teach to Reach grant program in a new part D. Title III: Institutional Aid - Revises and reauthorizes the Institutional Aid programs, under title III of the HEA, that provide grants to IHEs serving high percentages of minority and low-income students. Alters the authorized uses of the grant funds. Requires the Secretary and states to cover the costs that certain IHEs that are required to provide a tuition-free education to Indian students incur in providing such an education to out-of-state Indian students. Raises the principal limit on outstanding federally-insured bonds used to finance historically Black colleges and universities. Title IV: Student Assistance - Revises and reauthorizes Student Assistance programs under title IV of the HEA. Establishes a year-round Federal Pell Grant program to allow eligible students to accelerate the time needed to earn a degree. Establishes demonstration programs to: encourage IHEs to improve their performance in enrolling and graduating a significant number of low- and moderate-income students on time; explore the effectiveness of providing secondary school students with early notification of their postsecondary financial aid options and the cost of postsecondary education; explore the effectiveness of providing adult students with information regarding their postsecondary financial aid options and the cost of postsecondary education; and explore ways of delivering competency-based postsecondary education programs that assess student competencies rather than credit hours to potentially reduce the costs students incur, and the time they need, to attain a postsecondary degree. Establishes an American Dream grants program allotting grants to states to offer Dreamer students in-state tuition and expand their access to in-state financial aid. Provides loan forgiveness under the Federal Family Education Loan (FFEL) and William D. Ford Federal Direct Loan (DL) programs for certain Indian teachers employed by Indian schools or LEAs that serve a high percentage of Indian students. Reduces, from 75% to 50%, the federal share of Federal Supplemental Educational Opportunity grants and the federal share of the compensation provided to students employed in Federal Work-Study programs. Raises the required IHE contribution of funds for Federal Perkins Loans from one-third to one-half of the federal contributions. Increases the income protection allowances used in determining dependent and independent students' need for title IV assistance. Directs the Secretary to develop standard formats for: (1) notifying any borrower who is delinquent, or at risk of becoming delinquent, on an FFEL or DL of repayment options; (2) IHE financial aid award letters to students and parents. Requires the Secretary to publicize fiscal year FFEL and DL repayment and default rates for each IHE participating in a title IV program. Establishes a One-Time FAFSA (Free Application for Federal Student Aid) pilot program to: (1) streamline the process by which students apply for federal financial assistance, and (2) reduce the need for students to apply for such assistance each year. Allows students who have not graduated from secondary school to receive title IV assistance if they: (1) are enrolled in an eligible career pathway program, and (2) are determined or demonstrate the ability to benefit from the education or training being offered. Requires IHEs to provide students with: (1) information regarding their policy on harassment, and (2) additional and more frequent and personalized information regarding student assistance. Bans IHEs participating in title IV programs from: (1) providing incentive compensation to persons or entities based on their success in recruiting, enrolling, or educating students or placing them in employment; or (2) including a predispute arbitration agreement in any contract with a student. Authorizes the Secretary to impose civil penalties and sanctions on IHEs that engage in substantial misrepresentations or other serious violations of title IV requirements. Directs the Secretary to establish procedures to automatically enroll delinquent FFEL or DL borrowers who have a partial financial hardship into an income-based repayment plan. Requires each IHE that enrolls a student who receives title IV assistance to establish a system to disburse credit balances through electronic payments to a deposit account or a general use prepaid card with the protections afforded under the Electronic Fund Transfer Act. Requires IHEs to provide, and the Secretary to collect, specified student unit record data. Prohibits accreditors from requiring IHEs to enter into predispute arbitration agreements with their students. Requires them to publicly disclose their finalized accreditation documents relating to academic and institutional quality. Directs the Secretary to conduct program reviews of IHEs that pose a significant risk of failing to comply with title IV requirements. Establishes a State-Federal College Affordability Partnership program to award block grants to states to incentivize their investment in public higher education. Title V: Developing Institutions - Revises and reauthorizes the Developing Institutions grant program for Hispanic-serving IHEs under title V of the HEA. Alters the authorized uses of grant funds. Title VI: International Education Programs - Reauthorizes the International Education programs under title VI of the HEA. Title VII: Graduate and Postsecondary Improvement Programs - Reauthorizes the Graduate and Postsecondary Improvement programs under title VII of the HEA. Establishes: a First In The World Competitive Grant program to help IHEs implement innovative strategies designed to increase postsecondary education access, affordability, and completion; Dual Enrollment and Early College High School programs; a Minority-Serving Institutions Innovation Fund to assist minority-serving institutions in developing, implementing, and replicating innovations that enable economically and educationally disadvantaged students to enroll in, persist through, and graduate from their schools; and a program providing competitive grants to states to establish or implement a comprehensive state plan to increase students' access to, and completion of, postsecondary education. Title VIII: Additional Programs - Strikes the following parts of title VIII of the HEA: E (American History for Freedom), H (Improving College Enrollment by Secondary Schools), I (Early Childhood Education Professional Development and Career Task Force), K (Pilot Programs to Increase College Persistence and Success), M (Low Tuition), N (Cooperative Education), O (College Partnership Grants), R (Campus-Based Digital Theft Prevention), U (University Sustainability Programs), V (Modeling and Simulation Programs), X (School of Veterinary Medicine Competitive Grant Program), and Y (Early Federal Pell Grant Commitment Demonstration Program). Replaces the program under part C (Business Workforce Partnerships for Job Skills Training in High-Growth Occupations or Industries) with a Community College and Industry Partnerships program for the development, improvement, or provision of educational or career training programs. Reauthorizes the remaining title VIII programs. Establishes the Tyler Clementi Program to award competitive grants to IHEs to address and prevent student harassment. Title IX: Higher Education Opportunities and Supports for Students with Disabilities - Provides for the establishment and support of: (1) a National Technical Assistance Center for College Students With Disabilities and Their Families, (2) a National Technical Assistance Center for Disability Support Services at Institutions of Higher Education, (3) a National Data Center on Higher Education and Disability. Establishes a competitive grant program to enable IHEs to create or expand high quality, inclusive, higher education programs for students with intellectual disabilities. Requires the establishment of a coordinating center for such programs that provides them with information, technical assistance, and evaluations. Establishes a competitive grant program to enable IHEs to create or expand high quality, inclusive, model comprehensive transition and postsecondary programs for students who are deaf-blind. Requires the establishment of a coordinating center for such programs that provides them with information, technical assistance, and evaluations. Directs the Architectural and Transportation Barriers Compliance Board to establish, regularly review, and amend guidelines regarding the accessibility of all instructional materials for students who are attending IHEs that receive title IV funding. Establishes a competitive grant program to support model demonstration programs to improve the access of postsecondary students with print disabilities to quality postsecondary instructional materials in specialized formats. Requires certain producers of instructional materials for the postsecondary education market to include closed captions or subtitles in materials that incorporate synchronized audio and visual formats. Directs the Secretary to establish the Advisory Commission on Serving and Supporting Students with Psychiatric Disabilities in Institutions of Higher Education to conduct a comprehensive study aimed at improving the opportunities for postsecondary students with psychiatric disabilities to receive services and supports that optimize their rates of retention and graduation. Title X: Amendments to Other Laws - Amends the Truth in Lending Act to: require a lender, before issuing a private education loan for a student attending an IHE, to obtain specified certifications from the IHE; impose specified reporting requirements on issuers of private education loans; bar borrowers from making a pre-dispute waiver of their rights or remedies relating to a private education loan; require a private education lender to discharge the liability of borrowers in the event of their death or disability; subject postsecondary education lenders, loan holders, and loan servicers to civil liability; impose specified reporting requirements on financial institutions regarding any agreement they have with an IHE or its affiliates to offer consumer financial products or services to students; prohibit a financial institution that offers a consumer financial product or service that is affiliated with an IHE from entering into a revenue-sharing arrangement with the IHE; and impose specified consumer protection and disclosure requirements on student loan servicers. Amends the Internal Revenue Code to authorize the disclosure of tax return information to the Department of Education on student borrowers who are more than 150 days delinquent on an FFEL or DL. Revises federal bankruptcy law to limit the hardship exception to the exemption of educational debts from discharge in bankruptcy to: (1) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit; or (2) an obligation to repay funds received from a governmental unit as an educational benefit, scholarship, or stipend. Amends the Servicemembers Civil Relief Act to set a 6% limitation on the interest rate that can be charged a servicemember during the servicemember's military service and one year thereafter on the student loans incurred by the servicemember prior to his or her military service, including student loans incurred prior to such service but consolidated or refinanced during that service. Amends the United States Institute of Peace Act to reauthorize funding for the United States Institute of Peace. Title XI: Reports, Studies, and Miscellaneous Provisions - Prohibits IHEs from participating in a federal financial assistance program unless they meet certain consumer protection requirements with respect to any of their students who are in a program of postsecondary education or training that is designed to prepare them for entry into a recognized occupation or profession that has pre-conditions for entry. Requires: a longitudinal study of the effectiveness of student loan counseling, a study on public service loan forgiveness, a longitudinal study of the causes of student loan default, and a study on the impact of federal financial aid changes on graduate students. Directs the Secretaries of Education, Defense (DOD), and Veterans Affairs (VA) and the Director of the Consumer Financial Protection Bureau (CFPB) to establish and maintain a working group to assess and improve the resources available to federal personnel to assist members of the Armed Forces and their spouses in using DOD tuition assistance programs. Directs the Secretary to establish an Institutional Risk-Sharing Commission to study and make recommendations for the implementation of a new risk-sharing system for IHEs that participate in the DL program through which IHEs would be held financially accountable for poor student outcomes. Requires the the Comptroller General (GAO) to report to Congress on the educational attainment of homeless and foster care youth. American Dream Accounts Act - Directs the Secretary to establish a competitive grant program enabling specified eligible entities to establish American Dream Accounts for a group of low-income students. Defines an "American Dream Account" as a personal online account for low-income students that monitors their readiness for higher education and includes a college savings account.

113 S2954 IS: Higher Education Affordability Act U.S. Senate 2014-11-20 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. 2954 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To improve the Higher Education Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Higher Education Affordability Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. General effective date. TITLE I—General provisions Sec. 101. Graduate medical schools; postsecondary career and technical education institutions. Sec. 102. 85–15 revenue source requirement for proprietary institutions. Sec. 103. Definitions. Sec. 104. Authorization of appropriations for drug and alcohol abuse prevention. Sec. 105. Mandatory financial aid award letter. Sec. 106. Code of conduct in affiliated consumer financial products or services. Sec. 107. Restriction on marketing with Federal educational assistance funds. Sec. 108. Minimum standards for net price calculators. Sec. 109. Benefits for borrowers who are members of the Armed Forces. Sec. 110. Data improvements for college navigator. Sec. 111. College scorecard. Sec. 112. Reporting requirements. Sec. 113. In-State tuition rates for certain individuals. Sec. 114. State higher education information system pilot program. Sec. 115. Responsibilities of FSA Ombudsman; addition of point of contact for military families and homeless children. Sec. 116. Responsibilities of covered institutions, institution-affiliated organizations, and lenders. Sec. 117. Establishment of complaint resolution and tracking system. Sec. 118. Proprietary education oversight coordination committee. TITLE II—Improving educator preparation Sec. 201. Improving educator preparation. TITLE III—Institutional aid Sec. 301. Rule of construction. Sec. 302. Program purpose. Sec. 303. Duration of grant. Sec. 304. American Indian tribally controlled colleges and universities. Sec. 305. Alaska Native and Native Hawaiian-serving institutions. Sec. 306. Predominantly Black Institutions. Sec. 307. Native American-serving nontribal institutions. Sec. 308. Asian American and Native American Pacific Islander-serving institutions. Sec. 309. Native American education tuition cost share. Sec. 310. Grants to institutions. Sec. 311. Allotments to institutions. Sec. 312. Professional or graduate institutions. Sec. 313. Applications for assistance. Sec. 314. Limitations on Federal insurance for bonds issued by the designated bonding authority. Sec. 315. Authorization of appropriations. TITLE IV—Student assistance Part A—Grants to students SUBPART 1—Federal Pell Grants Sec. 401. Year-round Federal Pell Grants; extension of Federal Pell Grant inflation adjustments. Sec. 401A. College opportunity and graduation bonus demonstration program. SUBPART 2—Early awareness of college financing options Sec. 403. Federal TRIO programs authorization. Sec. 404. Postbaccalaureate achievement program authorization. Sec. 405. Gaining early awareness and readiness for undergraduate programs authorization. Sec. 405A. Early awareness of college financing options. Sec. 405B. Awareness of postsecondary education financing options for adult learners. SUBPART 3—Federal supplemental education opportunity grants Sec. 407. Authorization of appropriations. Sec. 408. Institutional share of Federal supplemental educational opportunity grants. Sec. 409. Federal supplemental educational opportunity grants allocation of funds. SUBPART 4—American Dream Grants and LEAP program Sec. 415. Purpose; appropriations authorized. Sec. 416. American Dream grants. SUBPART 5—Reauthorization of appropriations for other part A programs. Sec. 417. Reauthorization of appropriations for other part A programs. Part B—Federal Family Education Loan program Sec. 421. Simplification of income-based repayment options for federally insured student loans. Sec. 422. Improvements to military loan deferment; clarification of SCRA protections; simplification of income-based repayment options. Sec. 423. Simplification of income-based repayment options for Federal Consolidation Loans. Sec. 424. Reasonable collection costs and rehabilitation payments. Sec. 425. FFEL loan forgiveness for certain American Indian educators. Sec. 426. Reauthorization of appropriations for certain loan forgiveness programs. Sec. 427. Improvements to credit reporting for Federal student loans. Sec. 428. Reduced duplication in student loan servicing. Sec. 429. Improved determination of cohort default rates; publication of default prevention plan. Sec. 430. Improved disability determinations. Sec. 431. Treatment of borrowers falsely certified as eligible to borrow due to identity theft. Part C—Federal work-Study programs Sec. 441. Authorization of appropriations. Sec. 442. Federal work study allocation of funds. Sec. 443. Institutional share of Federal work study funds. Sec. 444. Additional funds to conduct community service work-study programs. Sec. 445. Work colleges. Part D—Federal Direct Loan program Sec. 451. Elimination of origination fees and other amendments to terms and conditions of loans. Sec. 452. Improved student loan servicing and debt collection practices. Sec. 453. Funds for administrative expenses. Sec. 454. Federal Direct Loan forgiveness for certain American Indian educators. Part E—Federal Perkins Loans Sec. 461. Appropriations authorized. Sec. 462. Perkins allocation of funds. Sec. 463. Institutional contributions for Perkins. Sec. 464. Simplification of military deferment eligibility. Sec. 465. Forgiveness of loans for eligible military service. Sec. 466. Distribution of assets from student loan funds. Part F—Need analysis Sec. 471. Increased income protection allowance for dependent students. Sec. 472. Increased income protection allowance for independent students without dependents other than a spouse. Sec. 473. Increased income protection allowance for independent students with dependents other than a spouse. Sec. 474. Updated tables and amounts for income protection allowance. Sec. 475. Prior prior year; definition of independent student. Part G—General provisions Sec. 481. Definitions. Sec. 482. Standard notification format for delinquent borrowers; explanation of benefits of Federal loans. Sec. 483. Institutional financial aid award letter. Sec. 483A. Consumer testing. Sec. 483B. Loan repayment rate and speed-based repayment rate. Sec. 483C. One-time FAFSA pilot program. Sec. 484. Ability to benefit. Sec. 485. Reasonable collection costs in State court judgments. Sec. 486. Improved disclosures, counseling, and financial assistance information for students. Sec. 487. Improvements to National Student Loan Data System. Sec. 488. Competency-based education demonstration program. Sec. 489. Program participation agreements. Sec. 490. Civil penalties. Sec. 491. Advisory Committee on Student Financial Assistance. Sec. 492. Income-based repayment. Sec. 493. Extending the protections for student loans for active duty borrowers. Sec. 493A. Disbursement of credit balance. Sec. 493B. Disclosure of cohort rates based on repayment plan and deferment status. Sec. 493C. Institutional reporting requirements. Part H—Program integrity Sec. 496. Public disclosure of finalized accreditation documents; prohibition on pre-dispute arbitration mandates. Sec. 497. Improved targeting of program reviews. Sec. 498. Program review and data. Part I—State-Federal college affordability partnership Sec. 499. State-Federal college affordability partnership. TITLE V—Developing Institutions Sec. 501. Rule of construction. Sec. 502. Authorized activities under part A of title V. Sec. 503. Duration of grants under title V. Sec. 504. Authorized activities under part B of title V. Sec. 505. Duration of grants under part B of title V. Sec. 506. Waiver authority; reporting requirement; technical assistance. Sec. 507. Authorizations of appropriations for developing institutions. TITLE VI—International education programs Sec. 601. Technical and conforming amendment. Sec. 602. Authorization of appropriations for international and foreign language studies. Sec. 603. Authorization of appropriations for business and international education programs. Sec. 604. Authorization of appropriations for the Institute for International Public Policy. Sec. 605. Authorization of appropriations for the science and technology advanced foreign language education grant program. TITLE VII—Graduate and postsecondary improvement programs Sec. 701. Authorization of appropriations for the Jacob K. Javits Fellowship Program. Sec. 702. Authorization of appropriations for graduate assistance in areas of national need. Sec. 703. Authorization of appropriations for the Thurgood Marshall Legal Educational Opportunity Program. Sec. 704. Authorization of appropriations for masters degree programs at historically Black colleges and universities and Predominantly Black Institutions. Sec. 705. Authorization of appropriations for the fund for improvement of postsecondary education. Sec. 706. Correctly recognizing educational achievements to empower graduates. Sec. 707. Authorization of appropriations for demonstration projects to support postsecondary faculty, staff, and administrators in educating students with disabilities. Sec. 708. Authorization of appropriations for transition programs for students with intellectual disabilities. Sec. 709. Authorization of appropriations for the Commission on Accessible Materials and programs to support improved access to materials. Sec. 710. Authorization of appropriations for the National Technical Assistance Center; Coordinating Center. Sec. 711. First in the world competitive grant program. Sec. 712. Dual enrollment and early college high school programs. Sec. 713. Minority-serving institutions innovation fund. Sec. 714. State competitive grant program for reforms to improve higher education persistence and completion. TITLE VIII—Additional programs Sec. 801. Reorganization. Sec. 802. Authorization of appropriations for Project Grad. Sec. 803. Authorization of appropriations for the mathematics and science scholars program. Sec. 804. Community college and industry partnerships program. Sec. 805. Authorization of appropriations for capacity for nursing students and faculty. Sec. 806. Authorization of appropriations for Teach for America. Sec. 807. Authorization of appropriations for the Patsy T. Mink Fellowship Program. Sec. 808. Authorization of appropriations for improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian Students. Sec. 809. Authorization of appropriations for student safety and campus emergency management. Sec. 810. Authorization of appropriations for the education disaster and emergency relief program. Sec. 811. Authorization of appropriations for the jobs to careers program. Sec. 812. Authorization of appropriations for rural development grants for rural-serving colleges and universities. Sec. 813. Authorization of appropriations for training for realtime writers. Sec. 814. Authorization of appropriations for centers of excellence for veteran student success. Sec. 815. Authorization of appropriations for path to success. Sec. 816. Authorization of appropriations for the Henry Kuualoha Giugni Kupuna Memorial Archives. Sec. 817. Appropriations for masters degree programs. Sec. 818. Appropriations for postbaccalaureate programs. Sec. 819. Tyler Clementi Program. TITLE IX—Higher education opportunities and supports for students with disabilities Sec. 901. Higher education opportunities and supports for students with disabilities. TITLE X—Amendments to other laws Part A—Truth in Lending Act SUBPART 1—Definitions Sec. 1010. Definitions. SUBPART 2—Amendments to Truth in Lending Act Sec. 1011. Exempted transactions. Sec. 1012. Mandatory certification. Sec. 1013. Civil liability. Sec. 1014. Definition of private education loan. Sec. 1015. Revenue sharing and disclosure of affiliation. Sec. 1016. Improved consumer protections for student loan servicing. SUBPART 3—Regulations and reports Sec. 1017. Implementation of regulations. Sec. 1018. Report on credit reporting and student lending. Sec. 1019. Ombudsman report on private education loan market. Part B—Internal Revenue Code of 1986 Sec. 1022. Information sharing authority relating to income-based repayment. Part C—Title 11 of the United States Code Sec. 1031. Private loan discharge in bankruptcy. Part D—Servicemembers Civil Relief Act Sec. 1041. Modification of limitation on rate of interest on student loans during and immediately after period of military service. Part E—United States Institute of Peace Act Sec. 1051. United States Institute of Peace Act. TITLE XI—Reports, Studies, and Miscellaneous provisions Sec. 1101. Consumer protections for students. Sec. 1102. Longitudinal study of the effectiveness of student loan counseling. Sec. 1103. Recommendations for student loan counseling. Sec. 1104. Working group on improvement of resources available to members of the Armed Forces and their spouses in using tuition assistance programs of the Department of Defense. Sec. 1105. Study on public service loan forgiveness. Sec. 1106. Longitudinal study of the causes of student loan default. Sec. 1107. Institutional Risk-Sharing Commission. Sec. 1108. GAO report on educational attainment of homeless children and youth and foster care children and youth. Sec. 1109. American Dream Accounts. Sec. 1110. Study on the impact of Federal financial aid changes on graduate students. 3. References 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 Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 4. General effective date Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. I General provisions 101. Graduate medical schools; postsecondary career and technical education institutions (a) In general Section 102 ( 20 U.S.C. 1002 (1) in subsection (a)— (A) in paragraph (1)(B), by striking vocational career and technical education (B) in paragraph (2)(A)— (i) in the matter preceding clause (i), by striking part D of title IV unless— part D of title IV unless the school meets 1 of the following requirements: (ii) by striking clause (i) and inserting the following: (i) Graduate medical school (I) In general In the case of a graduate medical school located outside the United States— (aa) (AA) not less than 60 percent of those enrolled in, and not less than 60 percent of the graduates of, such graduate medical school located outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and (BB) not less than 75 percent of the individuals who were nationals of the United States who were students or graduates of the graduate medical school located outside the United States or Canada taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV; or (bb) the institution— (AA) has or had a clinical training program that was approved by a State as of January 1, 1992; and (BB) continues to operate a clinical training program in at least 1 State that is approved by that State. (II) Expiration of alternative qualification The authority of a graduate medical school described in subclause (I)(bb) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Higher Education Affordability Act ; (iii) in clause (ii)— (I) by striking in the case of a veterinary school Veterinary school.— (II) by striking ; or (iv) in clause (iii), by striking in the case of a nursing school Nursing school.— (2) in subsection (c)— (A) in the subsection heading, by striking vocational career and technical education (B) in paragraph (1), by striking vocational career and technical education (C) in paragraph (2), by striking vocational career and technical education (b) Loss of eligibility If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility. 102. 85–15 revenue source requirement for proprietary institutions Section 102(b) ( 20 U.S.C. 1002(b) (1) in paragraph (1)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period and inserting ; and (C) by adding at the end the following: (F) meets the requirements of paragraph (2). ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Revenue sources (A) In general In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution's revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). (B) Federal funds In this paragraph, the term Federal funds (C) Calculation of revenue In making calculations under subparagraph (A), an institution of higher education shall— (i) use the cash basis of accounting; (ii) consider as revenue only those funds generated by the institution from— (I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; (II) activities conducted by the institution that are necessary for the education and training of the institution's students, if such activities are— (aa) conducted on campus or at a facility under the control of the institution; (bb) performed under the supervision of a member of the institution's faculty; and (cc) required to be performed by all students in a specific educational program at the institution; and (III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; (iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student, except to the extent that the student's tuition, fees, or other institutional charges are satisfied by— (I) grant funds provided by an outside source that— (aa) has no affiliation with the institution; and (bb) shares no employees with the institution; and (II) institutional scholarships described in clause (v); (iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; (v) include a scholarship provided by the institution— (I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and (II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that— (aa) has no affiliation with the institution; and (bb) shares no employees with the institution; and (vi) exclude from revenues— (I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student's institutional charges; (II) the amount of funds the institution received under subpart 4 of part A of title IV; (III) the amount of funds provided by the institution as matching funds for any Federal program; (IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and (V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. (D) Report to congress Not later than July 1, 2015, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)— (i) the amount and percentage of such institution's revenues received from Federal funds; and (ii) the amount and percentage of such institution's revenues received from other sources. . 103. Definitions Section 103 ( 20 U.S.C. 1003 (1) by redesignating paragraphs (4) through (9), (10) through (14), and (15) through (24), as paragraphs (5) through (10), (13) through (17), and (20) through (28), respectively; (2) by inserting after paragraph (3) the following: (4) Default manipulation The term default manipulation ; (3) by inserting after paragraph (10), as redesignated by paragraph (1), the following: (11) Federal educational assistance funds The term Federal educational assistance funds (A) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (D) Section 1784a, 2005, or 2007 of title 10, United States Code. (E) Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. Public Law 113–128 (F) The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. (12) Foster care children and youth The term foster care children and youth (A) means children and youth whose care and placement is the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. 42 U.S.C. 672 (B) includes individuals whose care and placement was the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ; (4) by inserting after paragraph (17), as redesignated by paragraph (1), the following: (18) Recruiting and marketing activity (A) In general Except as provided in subparagraph (B), the term recruiting and marketing activity (i) Any advertising or promotion activity, including a paid announcement in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for a display or promotion at a job fair, military installation, or postsecondary education recruiting event. (ii) Any effort to identify and attract prospective students, directly or through a contractor or other third party, which shall include any contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV or participation in preadmission or advising activities, including— (I) paying employees responsible for overseeing enrollment and for contacting potential students in person, by phone, by email, by internet communications, or by other means, regarding enrollment; (II) compensating a person to provide to an institution of higher education contact information regarding prospective students, including information obtained through websites established for such purpose; and (III) providing funds to a third party to create or maintain a website for the purpose of obtaining contact information regarding prospective students. (iii) Any other activity as the Secretary may determine, including paying for promotion or sponsorship of education or military-related associations. (B) Exception An activity that is required as a condition of receipt of funds by an institution under title IV, or under another applicable Federal law, shall not be considered to be a recruiting and marketing activity under subparagraph (A). (19) Private education loan The term private education loan 15 U.S.C. 1650(a) ; and (5) in paragraph (28), as redesignated by paragraph (1)— (A) in the matter before subparagraph (A), by striking scientifically valid research-based (B) in subparagraph (B), by striking all students, including students with disabilities and students who are limited English proficient. all students. 104. Authorization of appropriations for drug and alcohol abuse prevention Section 120(e)(5) ( 20 U.S.C. 1011i(e)(5) 2009 2015 105. Mandatory financial aid award letter Part B of title I (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: 124. Use of mandatory financial aid award letter (a) In general Notwithstanding any other provision of law, each institution of higher education that participates in any program under title IV shall use the financial aid award letter developed under section 483B in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. (b) Effective date The requirement under subsection (a) shall take effect 12 months after the Secretary finalizes the financial aid award letter developed under section 483B. . 106. Code of conduct in affiliated consumer financial products or services Part B of title I ( 20 U.S.C. 1011 et seq. 125. Code of conduct in affiliated consumer financial products or services (a) Definitions In this section: (1) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (2) Associated individual The term associated individual (A) an officer of such institution of higher education; (B) an employee or agent of the institution of higher education who is involved in the contracting, approval, analysis, or decisionmaking process for an affiliated consumer financial product or service; or (C) an employee or agent of the institution of higher education involved in the marketing or solicitation process pertaining to an affiliated consumer financial product or service. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (5) Institution of higher education The term institution of higher education (b) Code of conduct Notwithstanding any other provision of law, no institution of higher education that is affiliated with a consumer financial product or service shall be eligible to receive funds or any other form of financial assistance under this Act, unless the institution— (1) develops a code of conduct with respect to affiliated consumer financial products or services with which associated individuals shall comply that— (A) prohibits a conflict of interest with the responsibility of an associated individual with respect to such affiliated consumer financial product or services; (B) requires each associated individual to act in the best interest of the students enrolled at the institution of higher education in carrying out their duties; and (C) at a minimum, is aligned with the requirements and prohibitions described under subsections (c) through (g); (2) publishes such code of conduct prominently on the institution's website; and (3) administers and enforces such code by, at a minimum, requiring that all of the institution's associated individuals be annually informed of the provisions of the code of conduct. (c) Ban on revenue-Sharing arrangements (1) Prohibition An institution of higher education that is affiliated with a consumer financial product or service shall not enter into any revenue-sharing arrangement with the financial institution. (2) Definition In this subsection, the term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) the financial institution provides or issues a consumer financial product or service to students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education in connection with the consumer financial products or services provided to students of the institution of higher education; and (B) does not include an arrangement solely based on a financial institution paying a fair market price to an institution of higher education for the institution of higher education to advertise or market the financial institution to the general public. (d) Gift ban (1) Prohibition No associated individual of an institution of higher education shall solicit or accept any gift from a financial institution that has a consumer financial product or service with which the institution is affiliated. (2) Definition of gift (A) In general In this subsection, the term gift (B) Exceptions The term gift (i) Standard material, activities, or programs on issues related to a consumer financial product or service or financial literacy, such as a brochure, a workshop, or training. Such material, training, or program shall not promote a product or service of any specific financial institution. (ii) Food, refreshments, training, or informational material furnished to an associated individual as an integral part of a training session that is designed to improve the service of a financial institution to the institution of higher education, if such training contributes to the professional development of the associated individual. (iii) Favorable terms, conditions, and borrower benefits on a consumer financial product or service provided to all employees of the institution of higher education if such terms, conditions, or benefits are comparable to those provided to all students of the institution. (iv) Philanthropic contributions to an institution of higher education from a financial institution that are unrelated to the affiliated consumer financial product or service or the financial institution in general or any contribution from the financial institution that is not made in exchange for any advantage related to the financial institution. (C) Rule for gifts to family members For purposes of this subsection, a gift to a family member of an associated individual of an institution of higher education shall be considered a gift to the associated individual if— (i) the gift is given with the knowledge and acquiescence of the associated individual; and (ii) the associated individual has reason to believe the gift was given because of the official position of the associated individual. (e) Contracting arrangements prohibited (1) Prohibition No associated individual of an institution of higher education shall accept from a financial institution that has a consumer financial product or service with which the institution is affiliated a fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to the financial institution or on behalf of the financial institution. (2) Rule of construction Nothing in this subsection shall be construed as prohibiting the conduct of an individual who is not an associated individual. (f) Ban on staffing assistance An institution of higher education shall not request or accept from a financial institution with which the institution has an affiliated consumer financial product or service any assistance with call center staffing, financial aid office staffing, or any other office or department of the institution of higher education. (g) Advisory board compensation Any associated individual of an institution of higher education who serves on an advisory board, commission, or group established by a financial institution that has a consumer financial product or service with which the institution is affiliated shall be prohibited from receiving anything of value from the financial institution, except that the individual may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group. . 107. Restriction on marketing with Federal educational assistance funds (a) Transfer Section 119 of the Higher Education Opportunity Act ( 20 U.S.C. 1011m (1) by transferring such section so as to follow section 125 of the Higher Education Act of 1965, as added by section 106; and (2) by redesignating such section as section 126 of the Higher Education Act of 1965. (b) Amendments Section 126, as transferred and redesignated by subsection (a), is further amended— (1) in the section heading, by inserting and Restrictions on Sources of Funds for Recruiting and Marketing Activities Funds (2) in subsection (d), by striking subsections (a) through (c) subsections (a), (b), (c), and (e) (3) by redesignating subsection (e) as subsection (f); (4) by inserting after subsection (d) the following: (e) Restrictions on sources of funds for recruiting and marketing activities (1) In general An institution of higher education, or other postsecondary educational institution, may not use revenues derived from Federal educational assistance funds for recruiting or marketing activities. (2) Rule of construction Nothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal educational assistance funds. (3) Reporting Each institution of higher education, or other postsecondary educational institution, that receives revenues derived from Federal educational assistance funds shall report annually to the Secretary and to Congress the institution's expenditures on advertising, marketing, and recruiting, and shall include in such report a verification from an independent auditor that the institution of higher education is in compliance with the requirement under paragraph (1). ; (5) by striking the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. this Act (6) by striking Secretary of Education Secretary 108. Minimum standards for net price calculators Section 132(h) ( 20 U.S.C. 1015a(h) (1) by redesignating paragraph (4) as paragraph (6); (2) in paragraph (2), by inserting before the period , and, not later than 1 year after the date of enactment of the Higher Education Affordability Act (3) in paragraph (3), by inserting after the first sentence the following: Not later than 1 year after the date of enactment of the Higher Education Affordability Act (4) by inserting after paragraph (3) the following: (4) Minimum requirements for net price calculators Not later than 1 year after the date of enactment of the Higher Education Affordability Act (A) The link for the calculator— (i) is clearly labeled as a net price calculator (ii) may also be included on the institution’s compliance webpage, which contains information relating to compliance with Federal, State, and local laws. (B) The results screen for the calculator specifies the following information: (i) The net price (as calculated under subsection (h)(2)) for the individual student, which is the most visually prominent figure on the results screen. (ii) Cost of attendance for the institution, including— (I) tuition and fees; (II) the average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; (III) the average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and (IV) the estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. (iii) Estimated amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that students receive at the institution, showing the subtotal for each category and the total for all sources of grant aid. (iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). (v) The disclaimer described in paragraph (6). (vi) In the case of a calculator that— (I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or (II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to official Federal information about such benefits. (C) The institution populates the calculator with data from no earlier than 2 academic years prior to the most recent academic year. (5) Privacy requirements and disclosures (A) Privacy requirements An institution of higher education— (i) shall carry out this subsection in a manner that complies with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 20 U.S.C. 1232g (ii) shall not— (I) allow any personal information, voluntarily provided by users for the net price calculator for the institution to be sold or made available to third parties; (II) store any responses made by users through the net price calculator; (III) require that a user provide any personally identifiable information in order to use the net price calculator. (B) Privacy disclosures A net price calculator shall— (i) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; (ii) in the case of a calculator that requests contact information from users, clearly mark such requests as optional (iii) clearly state Any information that you provide on this site is confidential. The Net Price Calculator does not require personally identifiable information of any kind and does not store your responses. (iv) be established, maintained, and operated in a manner that is in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 20 U.S.C. 1232g ; and (5) by adding at the end the following: (7) Universal net price calculator Not later than 2 years after the date of enactment of the Higher Education Affordability Act (A) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; (B) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; (C) is developed in consultation with— (i) the heads of relevant Federal agencies; (ii) representatives of institutions of higher education, nonprofit consumer groups, and secondary and postsecondary students; and (iii) secondary school and postsecondary guidance counselors; (D) before being finalized and publicly released, is tested in accordance with the consumer testing process described in section 483C; and (E) complies with the privacy requirements described in paragraph (5). (8) Report from Secretary Not later than 2 years after the date of enactment of the Higher Education Affordability Act (A) steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families; (B) how institutions are complying with the requirements of this subsection, including an analysis of where institutions are placing the net price calculators on their websites and the design of the net price calculators by institutions; and (C) an analysis of how students are benefitting from the use of net price calculators. (9) Website Link The Secretary shall ensure that a link to the website containing the net price calculator and the universal net price calculator (once the universal net price calculator has been developed) is available on each of the following websites: (A) The College Navigator website described under subsection (i). (B) The College Scorecard website described under section 133. (C) The website of the College Affordability and Transparency Center. (D) The website of the Office of Federal Student Aid. . 109. Benefits for borrowers who are members of the Armed Forces Section 131(f) ( 20 U.S.C. 1015(f) (f) Benefits for members of the Armed Forces (1) Website (A) In General The Secretary, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall create a revised and updated searchable Internet website that— (i) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 484C, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and (ii) is easily accessible through the Internet website described in subsection (e)(3). (B) Implementation Not later than 1 year after the date of enactment of the Higher Education Affordability Act (C) Dissemination The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Internet website described in subparagraph (A) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public. (D) Definition In this paragraph, the term Federal and State student financial assistance (i) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and (ii) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans. (2) Enrollment Form (A) In General The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection, the Secretary of Defense, and the heads of any other relevant Federal agencies, shall create a simplified disclosure and enrollment form for borrowers who are performing eligible military service (as defined in section 481(d)). (B) Contents The disclosure and enrollment form described in subparagraph (A) shall include— (i) information about the benefits and protections under title IV and under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that are available to such borrower because the borrower is performing eligible military service; and (ii) an opportunity for the borrower, by completing the enrollment form, to invoke certain protections, activate certain benefits, and enroll in certain programs that may be available to that borrower, which shall include the opportunity— (I) to invoke applicable protections that are available under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), as such protections relate to Federal student loans under title IV; and (II) to activate or enroll in any other applicable benefits that are available to such borrower under this Act because the borrower is performing eligible military service, such as eligibility for a deferment or eligibility for a period during which interest shall not accrue. (C) Implementation Not later than 365 days after the date of the enactment of the Higher Education Affordability Act (D) Notice Requirements (i) SCRA interest rate limitation The completion of the disclosure and enrollment form created pursuant to subparagraph (A) by the borrower of a loan made, insured, or guaranteed under part B or part D of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) (ii) FFEL Lenders The Secretary shall provide each such disclosure and enrollment form completed and submitted by a borrower of a loan made, insured, or guaranteed under part B of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) . 110. Data improvements for college navigator Section 132(i)(1) ( 20 U.S.C. 1015(i)(1) (M) The student faculty ratio, the number of full-time faculty, the ratio of the number of course sections taught by part-time instructors to the number of course sections taught by full-time faculty, the mean and median years of employment for part-time instructors, and the number of graduate assistants with primarily instructional responsibilities, at the institution. . 111. College scorecard Part C of title I ( 20 U.S.C. 1015 et seq. (1) by redesignating sections 133 through 137 as sections 134 through 138, respectively; and (2) by inserting after section 132 the following: 133. College scorecard (a) Definitions In this section: (1) College Scorecard The term College Scorecard (2) Institution of higher education The term institution of higher education (3) Recent graduate The term recent graduate (b) In general The Secretary shall develop and make publicly available a College Scorecard website to provide students and families with information regarding higher education affordability and value for each institution of higher education that receives funds under title IV. (c) Standard format (1) In general The Secretary, in consultation with the heads of relevant Federal agencies, shall develop a standard format to be used by the Secretary for public disclosure of information related to higher education affordability and value, including the information described in subsections (d) and (e). (2) Recommendations from other groups The standard format developed under paragraph (1) shall be based on recommendations from representatives of secondary school students and postsecondary students, the families of secondary school and postsecondary students, institutions of higher education, secondary school and postsecondary education counselors, and nonprofit consumer groups. (3) Sources of data The data used in the standard format shall be data that are available to the Secretary through other sources and reports. (d) Key required contents The standard format developed under subsection (c) shall include, in a consumer-friendly manner that is simple and understandable, the following information for each degree- and certificate-granting institution of higher education that receives funds under title IV for the most recent year for which data are available: (1) Net price information (A) The average net price paid by enrolled students to attend the institution, calculated in a manner consistent with section 132(a)(3), for the subgroups of students at the institution in each of the following annual family income categories, and the percentage of students in each category: (i) $0 to $30,000. (ii) $30,001 to $48,000. (iii) $48,001 to $75,000. (iv) $75,001 to $110,000. (v) $110,001 and more. (B) A visual representation that provides context for the information conveyed under subparagraph (A), including how the net price information compares to other institutions. (C) The Commissioner of the National Center for Education Statistics may periodically adjust the annual family income categories described under subparagraph (A). (2) Completion and transfer data (A) For each institution, the percentages of certificate- or degree-seeking undergraduate students enrolled at the institution who obtain a certificate or degree within— (i) 100 percent of the normal time for completion of, or graduation from, the student’s educational program; and (ii) 150 percent of the normal time for completion of, or graduation from, the student’s educational program. (B) For each institution, the percentages of certificate- or degree-seeking undergraduate students enrolled at the institution— (i) who persist and remain enrolled in the institution from academic term to academic term; and (ii) who persist and remain enrolled in the institution from year to year. (C) For each institution, the percentages of certificate- or degree-seeking undergraduate students who have transferred to a 4-year institution of higher education within— (i) 100 percent of the normal time for completion of, or graduation from, the student’s initial educational program; and (ii) 150 percent of the normal time for completion of, or graduation from, the student’s initial educational program. (D) For each institution, a visual representation that provides context for the information conveyed under subparagraphs (A) and (B) and, as applicable, subparagraph (C), including how the completion, transfer, and persistence rates compare to other institutions. (3) Loan information (A) The percentage of students at the institution who have completed their certificate or degree program and who borrowed 1 or more loans under part B, D, or E of title IV, or private education loans, while attending the institution. (B) The institution's speed-based loan repayment rate, as calculated under section 483D(c) and the comparison information described in section 483D(c)(4). (C) A visual representation that provides context for the information conveyed under this paragraph, including how the information described in subparagraphs (A) and (B) compares to other institutions. (4) Debt information (A) The mean and median student loan debt, including private education loan debt, incurred by students who have earned a certificate or degree from the institution and who borrowed student loans in the course of obtaining such certificate or degree in the most recent year for which data are available. (B) The percentage of students at the institution who have borrowed money to attend the institution. (C) A visual representation that provides context for the information conveyed under subparagraphs (A) and (B), including how the debt information compares to other institutions. (5) Repayment information (A) The expected monthly repayment amounts for the mean and median student loan debt described in paragraph (4), under a standard repayment plan described in section 455(d)(1)(A) based on a 10-year period. (B) A visual representation that provides context for the information conveyed under subparagraph (A), including how the repayment information compares to other similar institutions. (6) Type of institution A specification as to— (A) whether the institution of higher education is a public, private nonprofit, or private for-profit institution; and (B) whether the institution is a 4-year, 2-year, or less than 2-year institution and which degree type the institution primarily awards. (7) Additional information Any other information the Secretary, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, and secondary and postsecondary students, and secondary school and postsecondary guidance counselors, determines necessary so that students and parents can make informed decisions regarding postsecondary education. (e) College tuition transparency information The standard format developed for institutions of higher education under subsection (c) shall— (1) prominently and clearly identify if the institution has been identified under section 132(c)(1), and the reasons for each institution's identification; and (2) provide a link to the webpage of the net price calculator of the institution, as required under section 132(h)(3). (f) Additional requirements The standard format developed by the Secretary under subsection (c) shall— (1) use, for the terms described in subsection (d), standard definitions and names that are developed by the Secretary in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, secondary and postsecondary students, and secondary school and higher education guidance counselors; and (2) use standard formatting and design that the Secretary, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, secondary school students, postsecondary students, and secondary school and higher education guidance counselors determine are clear, understandable, and suitable for secondary school students. (g) Consumer testing The Secretary shall carry out consumer testing for the College Scorecard in accordance with section 483C. (h) Final standard format and availability of college scorecard Not later than 60 days after the conclusion of the consumer testing required under subsection (h), the Secretary shall— (1) submit to the authorizing committees the final standard format for the College Scorecard and a report describing the results of consumer testing, including whether the Secretary added any additional items pursuant to subsection (d)(8); and (2) make the final College Scorecard, including all information required for the standard format under subsections (d) and (e) for all institutions of higher education that receive funds until title IV, publicly available through a College Scorecard website and through a link on the following other websites: (A) The College Navigator website described under section 132(i). (B) The website of the College Affordability and Transparency Center. (C) The website of the Office of Federal Student Aid. (i) Distribution of college scorecard Each institution of higher education receiving funds under title IV shall— (1) make the most recent College Scorecard for the institution publicly available on the website of the institution; (2) distribute the most recent College Scorecard for the institution to prospective students and accepted students of the institution— (A) in the same format in which the institution communicates with prospective and accepted students about applying to and enrolling in the institution; and (B) in a manner that allows for the student or the family of the student to take such information into account before applying or enrolling, without regard to whether the information was requested; and (3) in the case of an institution with high student default risk that is required under section 487(a)(32) to provide a student accepted for enrollment with a waiting period of not less than 2 weeks to consider postsecondary options, disclose to the student the College Scorecard of the institution at or before the start of such waiting period. (j) Public awareness campaign (1) In general Not later than 180 days after the date of enactment of the Higher Education Affordability Act (2) Content and implementation of campaign The public awareness campaign carried out under this subsection shall disseminate information regarding the functions and methods of accessing the College Scorecard, and shall be implemented, to the extent practicable, using a variety of media, including print, television, radio, and the Internet. (3) Use of research-based strategies The Secretary shall design and implement the public awareness campaign carried out under this subsection based on relevant independent research and information on dissemination strategies found suitable for students in secondary school and postsecondary education. . 112. Reporting requirements Section 135(b), as redesignated by section 111, is amended— (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period and inserting ; and (3) by adding at the end the following: (3) is developed pursuant to the institutional reporting requirements under section 493G. . 113. In-State tuition rates for certain individuals Section 136, as redesignated by section 111, is amended to read as follows: 136. In-State tuition rates for certain individuals (a) Members of the Armed Forces on active duty (1) Requirement In the case of a member of the Armed Forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (2) Continuation If a member of the Armed Forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by paragraph (1), the provisions of paragraph (1) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State. (b) Homeless children or youths and foster care children or youths A State shall not charge a homeless child or youth or a foster care child or youth tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State, if the homeless child or youth or foster care child or youth— (1) graduated from secondary school or obtained the recognized equivalent of a secondary school diploma in such State; (2) resided in such State as a homeless child or youth or a foster care child or youth while attending secondary school in an adjacent State, as verified by— (A) a local educational agency homeless liaison, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) (B) the director (or a designee of the director) of an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth or families; (C) the director (or a designee of the director) of a program funded under chapter 1 or 2 of subpart 2 of part A of title IV; or (D) the State or tribal organization that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.). (c) Effective dates (1) Armed forces With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. (2) Homeless children or youths and foster care children or youths With respect to an individual described in subsection (b), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2015. (d) Definitions (1) Armed Forces active duty for a period of more than 30 days In this section, the terms Armed Forces active duty for a period of more than 30 days section 101 (2) Homeless children and youths The term homeless children and youths . 114. State higher education information system pilot program Section 137(g), as redesignated by section 111, is amended by striking 2009 2015 115. Responsibilities of FSA Ombudsman; addition of point of contact for military families and homeless children Section 141(f) ( 20 U.S.C. 1018(f) (1) in paragraph (3)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) receive, review, and resolve expeditiously complaints regarding a student's independence under subparagraph (B) or (H) of section 480(d)(1), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless children and youths designated under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) or State Coordinators for Education of Homeless Children and Youths established under such subtitle. ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Military and Veteran Point of Contact (A) In general The Chief Operating Officer, in consultation with the Secretary, shall designate 1 or more employees to act as the military and veteran point of contact within the office of the Student Loan Ombudsman. (B) Functions The designated military and veteran point of contact described in subparagraph (A) shall— (i) monitor the complaints received from the Ombudsman under paragraph (3)(A) from, and provide timely assistance to, members of the Armed Forces (including members of the National Guard and Reserves), veterans, and their dependents; (ii) coordinate with other agencies, including the Department of Defense, the Department of Veterans Affairs, the Department of Homeland Security, and the Bureau of Consumer Financial Protection, to ensure that members of the Armed Forces, veterans, and the dependents of members of the Armed Forces and veterans, who are students, borrowers, or potential borrowers, are aware of the availability and functions of the Ombudsman; and (iii) issue to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an annual report on the challenges that such members of the Armed Forces, veterans, and dependents are facing as students, borrowers, and potential borrowers. . 116. Responsibilities of covered institutions, institution-affiliated organizations, and lenders Section 152 ( 20 U.S.C. 1019a (1) in the matter preceding clause (i) of subsection (a)(1)(A), by striking (h) of section 487 (g) of section 487 (2) in subsection (b)(1)(B)(i)(I), by striking section 487(e) section 487(d) 117. Establishment of complaint resolution and tracking system Title I ( 20 U.S.C. 1001 et seq. (1) by striking section 155; and (2) by adding at the end the following: F Complaint Tracking System 161. Complaint tracking system (a) Definition of complainant In this section, the term complainant (1) a student of a postsecondary educational institution; (2) a family member of a student of a postsecondary educational institution; (3) a third party acting on behalf of a student of a postsecondary educational institution; or (4) a staff member or employee of a postsecondary educational institution. (b) Establishment of complaint tracking system (1) Establishment of complaint tracking system (A) In general Not later than 1 year after the enactment of the Higher Education Affordability Act (B) Purpose The purpose of the complaint tracking system is to address allegations of fraud, misrepresentation, or negligence with respect to recruitment and marketing to students. (2) Establishment of complaint tracking office The Secretary shall establish within the Department an office whose functions shall include establishing, administering, and disseminating widely information about the complaint tracking system established under paragraph (1). The Secretary shall— (A) to the extent necessary, combine and consolidate the other offices and functions of the Department in order to ensure that the office established under this paragraph is the single point of contact for students and borrowers with complaints; and (B) to the extent practicable, ensure that the office established in this paragraph will work with the Student Loan Ombudsman appointed in accordance with section 141(f) to assist borrowers that have complaints regarding the educational practices and services, and recruiting and marketing practices, of postsecondary educational institutions. (c) Handling of complaints (1) Timely response to complaints The Secretary shall establish, in consultation with the heads of appropriate agencies, reasonable procedures to provide a timely response to complainants, in writing where appropriate, to complaints against, or inquiries concerning, an institution of higher education that receives funds under this Act. Each response shall include a description of— (A) the steps that have been taken by the Secretary in response to the complaint or inquiry; (B) any responses received by the Secretary from the institution of higher education; and (C) any additional actions that the Secretary has taken, or plans to take, in response to the complaint or inquiry. (2) Timely response to secretary by institution of higher education The Secretary shall notify each institution of higher education that receives funds under this Act and that is the subject of a complaint or inquiry under this section regarding the complaint or inquiry. Not later than 60 days after receiving such notice, such institution shall provide a response to the Secretary concerning the complaint or inquiry, including— (A) the steps that have been taken by the institution to respond to the complaint or inquiry; (B) all responses received by the institution from the complainant; and (C) any additional actions that the institution has taken, or plans to take, in response to the complaint or inquiry. (3) Further investigation The Secretary may, in the event that the complaint is not adequately resolved or addressed by the responses of the institution of higher education receiving funds under this Act under paragraph (2), ask additional questions of such institution or seek additional information from or action by the institution. (4) Provision of information (A) In general An institution of higher education that receives funds under this Act shall, in a timely manner, comply with a request by the Secretary for information in the control or possession of such institution concerning a complaint or inquiry received by the Secretary under subsection (a), including supporting written documentation, subject to subparagraph (B). (B) Exceptions An institution of higher education that receives funds under this Act shall not be required to make available under this subsection— (i) any nonpublic or confidential information, including any confidential commercial information; (ii) any information collected by the institution for the purpose of preventing fraud or detecting or making any report regarding other unlawful or potentially unlawful conduct; or (iii) any information required to be kept confidential by any other provision of law. (5) Compliance An institution of higher education that receives funds under this Act shall comply with the requirements to provide responses and information, in accordance with this subsection, as a condition of receiving such funds. (d) Transparency (1) Sharing information with Federal and State agencies As appropriate and in accordance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”) and other laws, the Secretary shall coordinate with the heads of relevant Federal and State agencies to— (A) collect complaints related to the complaint tracking system described in subsection (b) from such agencies; and (B) route such complaints to relevant Federal and State agencies when appropriate. (2) Interaction with existing complaint systems To the extent practicable, all procedures established under this section, and all coordination carried out under paragraph (1), shall be done in accordance with the complaint tracking systems established under Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving servicemembers, veterans, spouses, and other family members). (3) Public information (A) In General The Secretary shall regularly publish on the website of the Department information on the complaints and inquiries received for each postsecondary educational institution under this section, including— (i) the number of complaints and inquiries received; (ii) the types of complaints and inquiries received; and (iii) where applicable, information about the resolution of the complaints and inquiries. (B) Data privacy In carrying out subparagraph (A), the Secretary shall— (i) comply with applicable data privacy laws and regulations; and (ii) ensure that personally identifiable information is not shared. (C) Appeals process The Secretary shall establish an appeals process to allow postsecondary educational institutions to challenge or appeal a complaint after such complaint has been made public. A postsecondary educational institution shall provide adequate documentation to the Secretary to demonstrate that such a complaint is unfounded before the Secretary may decide to remove the complaint from the website of the Department. (4) Reports Each year, the Secretary shall prepare and submit a report to the authorizing committees describing— (A) the types and nature of complaints the Secretary has received under this section; (B) the extent to which complainants are receiving relief pursuant to this section; (C) whether particular types of complaints are more common in a given sector of postsecondary educational institutions; (D) any legislative recommendations that the Secretary determines are necessary to better assist students and families; and (E) the schools with the highest volume of complaints, as determined by the Secretary. . 118. Proprietary education oversight coordination committee Title I ( 20 U.S.C. 1001 et seq. G Proprietary Education Oversight Coordination Improvement 166. Definitions In this part: (1) Executive officer The term executive officer (A) the president of such corporation; (B) a vice president of such corporation who is in charge of a principal business unit, division, or function of such corporation, such as sales, administration, or finance; or (C) any other officer or person who performs a policy making function for such corporation. (2) Federal funds The term Federal funds (3) Proprietary institution of higher education The term proprietary institution of higher education (4) State approval agency The term State approval agency (5) Veterans service organization The term veterans service organization section 5902 167. Establishment of Committee (a) Establishment There is established a committee to be known as the Proprietary Education Oversight Coordination Committee Committee (1) The Department of Education. (2) The Bureau of Consumer Financial Protection. (3) The Department of Justice. (4) The Securities and Exchange Commission. (5) The Department of Defense. (6) The Department of Veterans Affairs. (7) The Federal Trade Commission. (8) The Department of Labor. (9) The Internal Revenue Service. (10) At the discretion of the President, any other relevant Federal agency or department. (b) Purposes The Committee shall have the following purposes: (1) Coordinate Federal oversight of proprietary institutions of higher education to— (A) improve enforcement of applicable Federal laws and regulations; (B) increase accountability of proprietary institutions of higher education to students and taxpayers; and (C) ensure the promotion of quality education programs. (2) Coordinate Federal activities to protect students from unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures of proprietary institutions of higher education. (3) Encourage information sharing among agencies related to Federal investigations, audits, or inquiries of proprietary institutions of higher education. (4) Increase coordination and cooperation between Federal and State agencies, including State Attorneys General and State approval agencies, with respect to improving oversight and accountability of proprietary institutions of higher education. (5) Develop best practices and consistency among Federal and State agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students, parents, and other stakeholders have easy access to such information. (c) Membership (1) Designees For any designee described in subsection (a), the head of the member entity shall appoint a high-level official who exercises significant decision making authority for the oversight or investigatory activities and responsibilities related to proprietary institutions of higher education of the respective Federal entity of such head. (2) Chairperson The Secretary of Education or the designee of such Secretary shall serve as the Chairperson of the Committee. (3) Committee support The head of each entity described in subsection (a) shall ensure appropriate staff and officials of such entity are available to support the Committee-related work of such entity. 168. Meetings (a) Committee meetings The members of the Committee shall meet regularly, but not less than once during each quarter of each fiscal year, to carry out the purposes described in section 167(b). (b) Meetings with State agencies and stakeholders The Committee shall meet not less than once each fiscal year, and shall otherwise interact regularly, with State Attorneys General, State approval agencies, veterans service organizations, and consumer advocates to carry out the purposes described in section 167(b). 169. Report (a) In general The Committee shall submit a report each year to the authorizing committees, and any other committee of Congress that the Committee determines appropriate. (b) Public access The report described in subsection (a) shall be made available to the public in a manner that is easily accessible to parents, students, and other stakeholders in accordance with the best practices developed under section 167(b)(5). (c) Contents (1) In general The report shall include— (A) an accounting of any action (as defined in paragraph (3)) taken by the Federal Government, any member entity of the Committee, or a State— (i) to enforce Federal or State laws and regulations applicable to proprietary institutions of higher education; (ii) to hold proprietary institutions of higher education accountable to students and taxpayers; and (iii) to promote quality education programs; (B) a summary of complaints against each proprietary institution of higher education received by any member entity of the Committee; (C) the data described in paragraph (2) and any other data relevant to proprietary institutions of higher education that the Committee determines appropriate; and (D) recommendations of the Committee for such legislative and administrative actions as the Committee determines are necessary to— (i) improve enforcement of applicable Federal laws; (ii) increase accountability of proprietary institutions of higher education to students and taxpayers; and (iii) ensure the promotion of quality education programs. (2) Data (A) Industry-wide data The report shall include data on all proprietary institutions of higher education that consists of information regarding— (i) the total amount of Federal funds that proprietary institutions of higher education received for the previous academic year, and the percentage of the total amount of Federal funds provided to institutions of higher education (as defined in section 102) for such previous academic year that reflects such total amount of Federal funds provided to proprietary institutions of higher education for such previous academic year; (ii) the total amount of Federal funds that proprietary institutions of higher education disbursed or delivered, on behalf of a student, or to a student to be used to attend an institution of higher education, for the previous academic year, disaggregated by— (I) educational assistance in the form of a loan provided under title IV; (II) educational assistance in the form of a grant provided under title IV; (III) educational assistance provided under chapter 33 (IV) tuition assistance provided under section 2007 (V) assistance provided under section 1784a (VI) Federal funds not described in subclauses (I) through (V); (iii) the percentage of the total amount of Federal funds provided to institutions of higher education (as defined in section 102) for such previous academic year for each of the programs described in subclauses (I) through (V) of clause (ii) that reflects such total amount of Federal funds provided to proprietary institutions of higher education for such previous academic year for each of such programs; (iv) the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education; (v) the average cohort default rate (as defined in section 435(m)) for proprietary institutions of higher education, and an annual list of cohort default rates (as defined in such section) for all proprietary institutions of higher education; (vi) for careers requiring the passage of a licensing examination— (I) the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career; and (II) the passage rate of all individuals taking such exam to pursue such a career; and (vii) the use of private education loans at proprietary institutions of higher education that includes— (I) an estimate of the total number of such loans; and (II) information on the average debt, default rate, and interest rate of such loans. (B) Data on publicly traded corporations (i) In general The report shall include data on proprietary institutions of higher education that are publicly traded corporations, consisting of information on— (I) any pre-tax profit of such proprietary institutions of higher education— (aa) reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) reported for each such proprietary institution of higher education; (II) revenue for such proprietary institutions of higher education spent on recruiting and marketing activities, student instruction, and student support services, reported— (aa) as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) for each such proprietary institution of higher education; (III) total compensation packages of the executive officers of each such proprietary institution of higher education; (IV) a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs; and (V) the data described in clauses (ii) and (iii). (ii) Disaggregated by ownership The report shall include data on proprietary institutions of higher education that are publicly traded corporations, disaggregated by corporate or parent entity, brand name, and campus, consisting of— (I) the total cost of attendance for each program at each such proprietary institution of higher education, and information comparing such total cost for each such program to— (aa) the total cost of attendance for each program at each public institution of higher education; and (bb) the average total cost of attendance for each program at all institutions of higher education, including such institutions that are public and such institutions that are private; (II) total enrollment, disaggregated by— (aa) individuals enrolled in programs taken online; and (bb) individuals enrolled in programs that are not taken online; (III) the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education; (IV) the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within— (aa) the standard period of completion for such program; and (bb) a period that is 150 percent of such standard period of completion; (V) the total cost of attendance for each program at such proprietary institutions of higher education; (VI) the average cohort default rate, as defined in section 435(m), for such proprietary institutions of higher education, and an annual list of cohort default rates (as defined in such section) for all proprietary institutions of higher education; (VII) the median educational debt incurred by students who complete a program at such a proprietary institution of higher education; (VIII) the median educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education; (IX) the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students; (X) for careers requiring the passage of a licensing examination, the rate of individuals who attended such a proprietary institution of higher education and passed such an examination; and (XI) the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the Committee. (iii) Department of Defense and Veterans Affairs assistance (I) In general To the extent practicable, the report shall provide information on the data described in clause (ii) for individuals using, to pay for the costs of attending such a proprietary institution of higher education, Federal funds provided under title 10, United States Code or title 38, United States Code. (II) Revenue The report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the Federal funds described in subclause (I). (C) Comparison data To the extent practicable, the report shall provide information comparing the data described in subparagraph (B) for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by State. (3) Accounting of any action For the purposes of paragraph (1)(A), the term any action (A) a complaint filed by a Federal or State agency in a local, State, Federal, or tribal court; (B) an administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; or (C) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. 170. Warning list for parents and students (a) In general Each academic year, the Committee shall publish a list to be known as the Warning List for Parents and Students (1) that have engaged in illegal activity during the previous academic year as determined by a Federal or State court; (2) that have entered into a settlement resulting in a monetary payment; (3) that have had any higher education program withdrawn or suspended; or (4) for which the Committee has sufficient evidence of widespread or systemic unfair, deceptive, abusive, unethical, fraudulent, or predatory practices, policies, or procedures that pose a threat to the academic success, financial security, or general best interest of students. (b) Determinations In making a determination pursuant to subsection (a)(4), the Committee may consider evidence that includes the following: (1) Any consumer complaint collected by any member entity of the Committee. (2) Any complaint filed by a Federal or State agency in a Federal, State, local, or tribal court. (3) Any administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation. (4) Any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. (5) Data or information submitted by a proprietary institution of higher education to any accrediting agency or association recognized by the Secretary of Education pursuant to section 496 or the findings or adverse actions of any such accrediting agency or association. (6) Information submitted by a proprietary institution of higher education to any member entity of the Committee. (7) Any other evidence that the Committee determines relevant in making a determination pursuant to subsection (a)(4). (c) Publication Not later than July 1 of each fiscal year, the Committee shall publish the list described in subsection (a) prominently and in a manner that is easily accessible to parents, students, and other stakeholders in accordance with any best practices developed under section 167(b)(5). . II Improving educator preparation 201. Improving educator preparation Title II ( 20 U.S.C. 1021 et seq. II Improving Educator Preparation 200. Definitions In this title: (1) Applied learning The term applied learning (A) engages students in opportunities to apply rigorous academic content aligned with postsecondary-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, project-based learning or service-learning; and (B) develops students’ cognitive competencies and pertinent employability skills. (2) Clinical training The term clinical training (A) Experiential clinical training in an elementary school or secondary school that, to the extent practicable, is aligned with the grade level and subject area where the teacher or school leader will be placed upon program completion, and that includes— (i) opportunities for teacher or school leader candidates to develop and demonstrate teaching skills or leadership skills as supervised classroom teachers or school leaders to better prepare such teachers or school leaders to meet the needs of serving in high-need local educational agencies, high-need schools, or schools in rural areas, or being a teacher in a high-need subject or field; (ii) opportunities to work with diverse learners; (iii) ongoing assessment and regular opportunities for feedback for teacher candidates or school leader candidates from faculty and current teachers or school leaders; (iv) aligning school-based clinical experiences with coursework in educational theory and content through supervised clinical practice and regular feedback on the development of teaching skills or leadership skills and performance that include integrating social and emotional development, building a positive classroom or school culture and climate, and developing effective classroom management or school leadership techniques; (v) for teachers, developing the ability to— (I) link teaching practice to student learning; (II) create effective teaching units and lesson plans that provide all students with the ability to apply content knowledge, think critically, solve complex problems, communicate effectively, and work collaboratively with their peers; (III) develop and implement formative and interim assessments to diagnose student learning and modify instruction as a result of the data derived from such assessments; (IV) implement evidence-based differentiated instruction strategies; and (V) teach diverse learners, including students with special needs and English learners; (vi) for school leaders, developing the ability to— (I) lead effective teams of teachers; (II) identify and model effective classroom practices; (III) learn how to recruit and support effective teachers; and (IV) engage community members and parents. (B) Align the coursework offered at the educator preparation entity with the needs of the local educational agencies, including the academic needs of students, served by the educator preparation entity and the clinical experiences offered under subparagraph (A). (C) Provide high-quality mentoring. (D) Be offered over the course of an educator preparation program. (E) Be designed through collaboration between faculty or staff at the educator preparation entity and employees, including teachers and school leaders, of the local educational agencies served by the educator preparation entity. (F) Provide support and training for faculty or staff at educator preparation entities and for individuals who serve as mentors for new and prospective teachers or school leaders. (3) Core academic subjects The term core academic subjects (4) Early childhood educator The term early childhood educator (5) Educational service agency The term educational service agency (6) Educator preparation entity The term educator preparation entity (7) Educator preparation program The term educator preparation program (8) Educator residency program The term educator residency program (9) Effective literacy instruction The term effective literacy instruction (A) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (B) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (C) uses differentiated instructional approaches, including individual and small group instruction and discussion; (D) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction; (E) uses strategies to enhance children's motivation to read and write and children's engagement in self-directed learning; (F) incorporates the principles of universal design for learning; (G) depends on teachers' collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and (H) links literacy instruction to the challenging academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, including the ability to navigate, understand, and write about, complex print and digital subject matter. (10) Eligible partnership Except as otherwise provided in section 216, the term eligible partnership (A) shall include— (i) a high-need local educational agency; (ii) (I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or (II) as applicable, a high-need early childhood education program; (iii) a partner institution; and (iv) a school, department, or educator preparation program within such partner institution; and (B) may include any of the following: (i) The Governor of the State. (ii) The State educational agency. (iii) The State board of education. (iv) The State agency for higher education. (v) A school or department of arts and sciences within such partner institution. (vi) A business. (vii) A public or private nonprofit educational organization. (viii) An educational service agency. (ix) A teacher organization. (x) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. (xi) A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965). (xii) A school or department within the partner institution that focuses on psychology and human development. (xiii) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development. (xiv) An entity operating a program that provides alternative routes to State certification of teachers or school leaders. (11) English learner The term English learner (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States; (ii) whose native language is a language other than English; (iii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iv) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet or exceed the State challenging student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 in a subject for the individual’s grade level, as determined based on the State academic assessments described in section 1111(b)(3) of such Act; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society. (12) High-need early childhood education program The term high-need early childhood education program (13) High-need local educational agency The term high-need local educational agency (A) (i) for which not less than 20 percent of the children served by the agency are children from low-income families; (ii) that serves not fewer than 10,000 children from low-income families; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965; or (iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 6221(b) of the Elementary and Secondary Education Act of 1965; and (B) (i) for which 1 or more schools served by the agency is identified by the State as a low-performing school under section 1116 of the Elementary and Secondary Education Act of 1965 or identified as eligible to receive funds under section 1003(g) of such Act; or (ii) for which there is— (I) a shortage of teachers in high-need subjects or fields; or (II) a high teacher turnover rate. (14) High-need school The term high-need school (A) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (B) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (15) High-quality professional development The term high-quality professional development (A) are designed and implemented to improve student achievement and classroom practice; (B) are aligned with— (i) State challenging academic content standards and State challenging student academic achievement standards adopted under section 1111(b) of the Elementary and Secondary Education Act of 1965; (ii) related academic and school improvement goals of the school, local educational agency, and, as appropriate, statewide and local curricula; (iii) for teachers, rigorous teaching standards; and (iv) for school leaders, rigorous standards for leadership skills; (C) increase teachers' or school leaders'— (i) knowledge and understanding about how students learn; (ii) academic content knowledge; (iii) knowledge and understanding about the link between social and emotional development and student outcomes; (iv) ability to analyze student work and achievement data from multiple sources, including teacher developed assessments and how to adjust instructional strategies, assessments, and materials based on such analysis; (v) ability to instruct students with disabilities and English learners so that such students with disabilities and English learners are able to meet the State challenging academic content standards and State challenging student academic achievement standards; (vi) ability to effectively manage a classroom, including the ability to— (I) implement multi-tiered systems of support; (II) create a positive learning environment that conveys high expectations for all students; and (III) equitably implement school discipline policies; (vii) ability to lead teams of effective teachers, in the case of school leaders; (viii) ability to implement opportunities for applied learning; (ix) knowledge and understanding of culturally relevant practices; and (x) teaching skills and school leadership skills; (D) are informed by, and aligned with, such teachers' and school leaders' evaluations; (E) are collaborative, data-driven, and classroom- or school-focused; (F) provide the teacher or school leader with high-quality feedback with actionable steps to improve their practice; (G) are sustained, intensive, and job-embedded, and not limited in scope to a 1-day or short-term workshop or conference; (H) are, as appropriate, designed to— (i) provide teachers or school leaders with the knowledge and skills to work more effectively with parents and families; and (ii) where applicable, address the transition from prekindergarten to elementary school, including issues related to school readiness across all major domains of early learning, as well as transitions from elementary school to middle school and middle school to high school; and (I) for school leaders, provide comprehensive opportunities to practice effective strategies and help school leaders develop the abilities to lead effective teams of teachers and maintain active engagement with families and community organizations. (16) Highly competent The term highly competent (A) with specialized education and training in development and education of young children from birth until entry into kindergarten, including children with disabilities and English learners; (B) with— (i) a baccalaureate degree in an academic major in the arts and sciences; or (ii) an associate’s degree in a related educational area; and (C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education. (17) Induction program The term induction program (A) High-quality mentoring. (B) Periodic, structured time for collaboration and observation opportunities with teachers or school leaders, as well as interdisciplinary collaboration among highly effective teachers, school leaders, faculty, researchers, other educators, and other staff who prepare new teachers or school leaders. (C) The application of empirically based practice and scientifically valid research on instructional and behavioral interventions. (D) Opportunities for new teachers or school leaders to draw directly on the expertise of mentors, faculty, local educational agency personnel, and researchers to support the integration of empirically based practice and scientifically valid research with practice. (E) The development of content expertise. (F) Faculty who— (i) model the integration of research and practice in the classroom and innovative practices that support the acquisition and transferability of college- and career-ready skills, including critical thinking, complex problem solving, effective communication and collaboration, such as through project-based and applied learning; (ii) assist new teachers and school leaders with the effective use and integration of technology in instruction; (iii) for teachers, assist in the creation and use of teacher-developed assessments for the purpose of informing and targeting instructional practice; (iv) demonstrate the content knowledge and skills necessary to be effective in advancing student achievement; and (v) are able to substantially participate in the early childhood program or elementary school or secondary school classroom setting, as applicable, which may include receiving release time or workload credit for such participation. (G) Assistance with the understanding of data, particularly student assessment achievement data, including data from interim, formative, and summative assessments and the application of such data in classroom instruction or school leadership. (H) Regular, structured observation and evaluation of new teachers or school leaders, including post-observation feedback and dialogue, by multiple-trained evaluators, using valid and reliable measures of teaching and leadership skills. (18) Low-income family The term low-income family (A) has a student who is eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act; (B) is eligible for means tested benefits or public assistance at the local, State, or Federal level; or (C) lives in a high-poverty area or has a student who attends an elementary school or high school with an attendance area in a high-poverty area. (19) Mentor The term mentor (A) provide opportunities for prospective or new teachers or school leaders to develop and demonstrate teaching skills or school leadership skills to better prepare such prospective or new teachers or school leaders to meet the unique needs of serving in high-need local educational agencies, high-need schools, or schools in rural areas, or being a teacher in a high-need subject or field; (B) provide ongoing assessment of and regular feedback to mentees; (C) possess— (i) a demonstrated record of strong teaching skills or leadership skills and improving student achievement; (ii) strong verbal and written communication skills; and (iii) knowledge, skills, and attitudes to— (I) establish and maintain a professional learning community that uses data, feedback, and coaching to improve mentee performance; and (II) create and maintain a learning culture for mentees that provides a climate conducive to the professional development of the mentees; and (D) have a demonstrated record of improving student achievement. (20) Mentoring The term mentoring (A) Clear criteria for the selection of mentors that takes into account the mentor’s effectiveness. (B) Provides high-quality training for such mentors in how to support teachers or school leaders effectively, including— (i) for teachers, instructional strategies for literacy instruction; and (ii) for teachers or school leaders, instruction in classroom management or school management techniques, including approaches that improve the schoolwide climate for learning, such as social and emotional development strategies and multi-tiered systems of support. (C) Provides regularly scheduled time for collaboration, examination of student work and achievement data, joint professional development opportunities, and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading, and identify and address areas for improvement. (D) Matches mentees with mentors in the same field, grade, grade span, or subject area. (E) Provides paid release time for mentors, as applicable. (21) Partner institution The term partner institution (A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through— (i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or (ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State using criteria consistent with the requirements for the State report card under section 210; and (B) that requires each teacher or school leader candidate in the program— (i) to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical training; (ii) to become highly effective; and (iii) preparing to become an early childhood educator, to meet degree requirements, as established by the State, and become highly competent. (22) Principles of scientific research The term principles of scientific research (A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs; (B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and (C) include, appropriate to the research being conducted— (i) use of systematic, empirical methods that draw on observation or experiment; (ii) use of data analyses that are adequate to support the general findings; (iii) reliance on measurements or observational methods that provide reliable and generalizable findings; (iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as random-assignment experiments; (v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research; (vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and (vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions. (23) Recent program graduate The term recent program graduate (A) an individual who has graduated from a teacher preparation program or school leader preparation program not earlier than 3 years preceding the date of the determination; or (B) an alternative route participant who, within the 3 years preceding the date of the determination, received a level of certification or licensure that allows the participant to serve as the teacher or school leader of record in the State in which the participant is employed. (24) Satisfaction survey The term satisfaction survey (25) Scientifically valid research The term scientifically valid research (26) School leader The term school leader (A) is an employee or officer of a school who is responsible for— (i) the daily instructional leadership and managerial operations of the school; and (ii) creating the optimum conditions for student learning; or (B) is an early childhood program leader or director. (27) School leader preparation entity The term school leader preparation entity (28) School leader preparation program The term school leader preparation program (29) School leader residency program The term school leader residency program (A) for 1 academic year, acts as a school leader or assistant school leader alongside a mentor school leader; (B) receives concurrent instruction during the year described in subparagraph (A) from an educator preparation entity, which courses may be taught by local educational agency personnel or residency program faculty; (C) acquires and demonstrates effective school leadership skills; (D) prior to completion of the program, attains full State certification of licensure; and (E) in the case of a postbaccalaureate or master’s residency program, acquires a master’s degree not later than 24 months after beginning the program. (30) School leadership skills The term school leadership skills (A) recruit, train, supervise, support, retain, and evaluate teachers and other staff; (B) develop teams of effective school staff, and distributing among members of such teams responsibilities for leading and improving their schools; (C) establish a positive school culture and learning community where school leaders and teachers— (i) share a commitment to improving student outcomes and performances for all students, including students with disabilities and English learners; and (ii) set a continuous cycle of collective inquiry and improvement in which teachers and school leaders work together on a regular basis to analyze and improve the alignment and effectiveness of curriculum, instruction, learning, and assessment; (D) understand how students learn and develop, and use this knowledge to set high expectations for student achievement and support student success; (E) address the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; (F) manage resources and school time to support high-quality instruction and improvements in student achievement; and (G) actively engage and work effectively with students' parents and other members of the community. (31) Student growth The term student growth (A) for grades and subjects in which assessments are required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965, the student’s score on such assessments, and, as appropriate, other multiple measures of student learning, such as those designated under paragraph (B); and (B) for grades and subjects for which such assessments are not required, alternative statewide measures of student learning and performance, such as student results on pre-tests and end-of-course tests, and objective performance-based assessments, and student performance on English language proficiency assessments. (32) Teacher in a high-need subject or field The term teacher in a high-need subject or field (A) students with disabilities; (B) English learners; or (C) science, technology, engineering, or mathematics. (33) Teacher performance assessment The term teacher performance assessment (A) based on professional teaching standards; (B) used to measure the effectiveness of a teacher's— (i) curriculum planning; (ii) instruction of students, including appropriate plans and modifications for students who are English learners and students who are children with disabilities; (iii) assessment of students, including analysis of evidence of student learning; and (iv) ability to advance student learning; (C) validated based on professional assessment standards; (D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and (E) used to support continuous improvement of educator practice. (34) Teacher preparation entity The term teacher preparation entity (35) Teacher preparation program The term teacher preparation program (36) Teacher residency program The term teacher residency program (A) for 1 academic year, teaches alongside a mentor teacher, who is the teacher of record; (B) receives concurrent instruction during the year described in subparagraph (A) from an educator preparation entity, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; (C) acquires teaching skills; (D) prior to completion of the program, attains full State certification of licensure and is prepared to be effective; and (E) in the case of a postbaccalaureate or master’s residency program, acquires a master’s degree not later than 24 months after beginning the program. (37) Teaching skills The term teaching skills (A) increase student learning, achievement, and the ability to apply knowledge; (B) effectively convey and explain academic subject matter; (C) effectively teach higher-order analytical, critical thinking, evaluation, problem-solving, and communication skills; (D) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically-based practice and scientifically valid research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; (iii) are culturally responsive; (iv) integrate social and emotional development and academic achievement; and (v) focus on the identification of students’ specific learning needs and develop the skills needed to promote successful learning, particularly among students with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; (E) conduct and utilize the results of an ongoing assessment of student learning, which may include the use of formative assessments, interim assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures the full range of academic standards and higher-order thinking skills (including application, analysis, synthesis, and evaluation); (F) effectively manage a classroom, including the ability to implement multi-tiered systems of support, create a positive learning environment that conveys high expectations for all students, and equitably implement school discipline policies; (G) communicate and work with parents, and involve parents in their children’s education; (H) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs; and (I) teach, in the case of a career and technical education teacher, technical skills to industry standards in a classroom setting and possess strategies for incorporating content from non-career and technical education courses and standards for college and career into career and technical education courses. A Educator quality partnership grants 201. Purposes The purposes of this part are to— (1) improve student achievement in high-need schools; (2) improve the quality of prospective and new teachers or school leaders by improving the preparation of prospective teachers or school leaders and enhancing professional development activities for new teachers or school leaders; (3) hold educator preparation entities at institutions of higher education accountable for preparing highly effective teachers or school leaders; (4) recruit well qualified individuals, including members of groups underrepresented in teaching and individuals from other occupations, as teachers and school leaders; and (5) meet the staffing needs of high-need local educational agencies and high-need schools through collaborative partnerships with educator preparation programs within institutions of higher education. 202. Grants to improve educator preparation and support educator residencies (a) Program authorized From amounts made available under subsection (g), the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to carry out the activities described in this section. (b) Application An eligible partnership that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including at a minimum— (1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and special education teachers, teachers of English as a second language, school leaders, and, as applicable, early childhood educators and career and technical education teachers, including— (A) an assessment of the hiring needs of the high-need schools served by the high-need local educational agency in the eligible partnership; and (B) a projection of vacancies for teachers in a high-need subject or field, and the number of teachers needed in each such high-need subject or field or school leaders in high-need schools; (2) an assurance that the eligible partnership will target grant funds provided under this section to recruit, prepare, and support highly effective educators to serve in high-need local educational agencies and high-need schools, consistent with the needs assessment conducted under paragraph (1); (3) an assurance that the eligible partnership will include meaningful collaboration, as described in subsection (c)(2)(A), between an educator preparation program and a high-need local educational agency, in order to ensure educator preparation programs are preparing educators with the teaching skills or leadership skills necessary to meet the needs of the high-need local educational agency; (4) an assurance that the educator preparation program will administer satisfaction surveys to employers and recent program graduates on an annual basis, in order to ascertain employer satisfaction with recent program graduates’ performance; (5) a coherent strategy for using grant funds provided under this section with other Federal, State, and local funds to— (A) increase student achievement in high-need schools by improving the quality of preparation for new and prospective educators, and by enhancing professional development activities for new educators; and (B) meet the needs of high-need local educational agencies and high-need schools by establishing meaningful partnerships with educator residency programs; (6) a description of how the eligible partnership will sustain the activities proposed in the application after the grant period ends; (7) a description of how the eligible partnership will prepare all educators to— (A) understand and use scientifically valid research, as well as data on their students’ educational progress to modify and improve the implementation or supervision of classroom instruction; (B) meet the needs of students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act to ensure individualized education plans created promote student success; and (C) meet the needs of English learners; (8) a description of— (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other educator preparation programs or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation; and (B) how the activities of the eligible partnership will be consistent with State, local, and other education reform activities that promote teacher and school leader effectiveness and student academic achievement; (9) a description of how the eligible partnership will align the educator residency program carried out with grant funds with the— (A) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development, such as social and emotional development; (B) challenging academic content standards and challenging student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located; and (C) hiring objectives of the high-need local educational agency in the partnership; (10) a description of how faculty at the partner institution will work, during the term of the grant, with highly effective educators in high-need schools served by the high-need local educational agency in the eligible partnership to— (A) provide high-quality professional development activities, including in-service professional development, to strengthen the content knowledge and teaching skills or leadership skills of elementary school and secondary school teachers or school leaders; (B) for teachers, train classroom teachers to implement literacy programs that incorporate the essential components of literacy instruction; and (C) as appropriate, provide training for educators to teach technical skills to industry standards in a classroom setting; (11) a description of the partnership’s evaluation plan under section 204(a), including how the partnership will collect, analyze, use, and report data annually on the retention and performance of recent program graduates as well as how the eligible partnership will conduct and publicly report the evaluation required under section 204(a); and (12) a description of how the eligible partnership will design and implement an induction program to support all new educators who are prepared by the educator preparation program in the partnership and who serve in the high-need local educational agency in the partnership, and, to the extent practicable, all new educators who serve in such high-need local educational agency, and how such an induction program will comply with the requirements under section 200(16) and be integrated with other ongoing efforts to support new educators by the high-need local educational agency. (c) Educator residency programs (1) In general An eligible partnership that receives a grant under this section shall use the grant funds to design and implement an effective educator residency program that is grounded in scientifically valid research to prepare educators for success in the high-need schools served by the high-need local educational agency. (2) Content of program An educator residency program implemented under paragraph (1) shall include the following: (A) Meaningful collaboration Establish meaningful collaboration between the partner institution and the high-need local educational agency to ensure the partner institution is preparing teachers with the teaching skills or school leaders with the leadership skills necessary to meet the specific needs of the high-need local educational agency by requiring the partner institution to— (i) engage in regular consultation with the high-need local educational agency throughout the development and implementation of programs and activities carried out under this section and provide evidence that such programs and activities are aligned with the needs of the high-need schools served by such high-need local educational agency; (ii) incorporate ongoing feedback and regular communication from the high-need local educational agency and the high-need schools served by such high-need local educational agency, in— (I) the development of recruitment and admissions goals and priorities; (II) the design of the educator residency program’s curriculum, coursework content, clinical training, induction programs, and other professional development activities, including opportunities to collaborate with specialized instructional support personnel; (III) continuing efforts to modify and improve the activities and programs carried out by the partner institution; and (IV) meeting the needs of the high-need schools in which recent program graduates are employed and by monitoring the performance of such graduates; and (iii) administer satisfaction surveys and utilize the feedback from such surveys to drive program improvement. (B) Induction programs for new educators Implement an induction program, as described in section 200(16) for new educators or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. Such induction program shall be integrated with other ongoing efforts to support new educators by the high-need local educational agency. (C) Educator recruitment Develop and implement effective mechanisms (which may include alternative routes to State certification of teachers or school leaders) to ensure that the eligible partnership is able to recruit well qualified individuals with a record of academic, volunteer, or leadership distinction to become effective educators, which shall include— (i) the development of recruitment and admissions goals and priorities aligned with the hiring objectives identified under subsection (a)(1); and (ii) an emphasis on recruiting— (I) individuals from under represented populations; (II) individuals to— (aa) become teachers in high-need subject or fields and to teach in schools in rural areas; or (bb) become school leaders in schools in rural areas or high-need local educational agencies; (III) mid-career professionals from other occupations, former military personnel, and recent college graduates; and (IV) for school leaders, individuals with teaching experience and demonstrated leadership competencies. (D) Support and training for participants in early childhood education programs In the case of an eligible partnership focusing on early childhood educator preparation, implement initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. (E) Recent program graduate performance Increase capacity and collect and analyze data on the performance of recent program graduates of educator residency programs, including data on— (i) results from statewide teacher or school leader evaluation systems; (ii) recent program graduate retention rates in full-time positions; (iii) satisfaction survey outcomes; and (iv) to the extent practicable, surveys of parents on how well the teacher or school leader engages parents in student learning activities. (F) Comprehensive literacy instruction Strengthen comprehensive literacy instruction, that— (i) incorporates effective literacy instruction; and (ii) is designed to support— (I) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content areas; and (II) developmentally appropriate and contextually explicit instruction, and frequent practice, in writing across content areas. (3) Teacher residency programs In addition to the requirements under paragraph (2), an eligible partnership receiving a grant under this section to design and implement an effective teacher residency program, shall include the following requirements: (A) Reforms Implementing reforms, including— (i) curriculum changes that are aligned with the needs of the high-need local educational agency in the eligible partnership, in order to improve, evaluate, and assess how well all prospective and new teachers develop teaching skills; (ii) using empirically-based practice and scientifically valid research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators— (I) are prepared to be highly effective teachers and, as applicable, highly competent early childhood educators; (II) understand and can implement research-based teaching practices in classroom instruction; (III) possess strong teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable all teachers to— (aa) meet the specific learning needs of all students, including students with disabilities, English learners, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; (bb) differentiate instruction for such students; (cc) have knowledge of student learning styles; (dd) analyze the results of student learning and other data to improve instruction; (ee) effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act in order to ensure individualized education plans promote student success; (ff) if applicable, successfully employ effective strategies for comprehensive literacy instruction; and (gg) employ techniques to improve children’s cognitive, social, emotional, and physical development; (IV) if applicable, receive training on effective teaching in rural or diverse communities and on teaching students with disabilities and English learners; and (V) can effectively teach students with disabilities; and (iii) administering satisfaction surveys to employers of recent program graduates and to recent program graduates. (B) Clinical training Implementing at least 1 academic year of preservice high-quality clinical training in high-need schools that includes the following criteria: (i) Integration of pedagogy, robust classroom practice, and mentoring to promote effective teaching skills. (ii) Engagement of teacher residents in rigorous coursework, which shall be aligned to the needs of the high-need local educational agency in the eligible partnership. (iii) Establishment of clear criteria for the selection and assignment of mentor teachers. (iv) Placement of teacher residents in cohorts that facilitate professional collaboration, both among teacher residents and between such teacher residents and mentors in the receiving school. (v) Support for teacher residents, once the teacher residents are hired as teachers of record, through an induction program, high-quality professional development, and regular opportunities to support the residents in their development of teaching skills during not less than the residents’ first 2 years of teaching. (C) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teacher residency program under this paragraph, an individual shall— (I) be— (aa) a graduate of a 4-year institution of higher education; or (bb) in the third or fourth year of undergraduate baccalaureate education being pursued by the teacher candidate; and (II) submit an application to the teacher residency program. (ii) Selection criteria An eligible partnership carrying out a teacher residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teacher residency program, aligned to the hiring needs and objectives of the high-need local educational agency in the eligible partnership, and based on, at a minimum, the following applicant characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (IV) Demonstrated commitment, which could be evidenced by past work experience, to serving in high-need local educational agencies. (V) Demonstrated leadership in past education or work experiences. (4) School leader residency programs In addition to the requirements under paragraph (2), an eligible partnership receiving a grant under this section to design and implement an effective school leader residency program, shall include the following requirements: (A) Reforms Implementing reforms, including the following: (i) Preparing prospective school leaders for careers as principals, assistant principals, early childhood education program directors, or other school leaders (including individuals preparing to work in high-need local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader). (ii) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively— (I) develop a shared vision for high achievement and college- and career-readiness for all students; (II) support teachers in implementing rigorous curricula and assessments tied to State challenging academic content standards and challenging student academic achievement standards adopted pursuant to section 1111(b) of the Elementary and Secondary Education Act of 1965; (III) create and maintain a data-driven, professional learning community within the school leader’s school and understand the teaching skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning; (IV) recruit, hire, assign, and retain effective teachers and complete high-quality evaluations of instructional staff for continuous improvement; (V) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills; (VI) manage resources and school time to improve student academic achievement, and to ensure the school environment is safe; (VII) engage and involve families, community members, the local educational agency, businesses, and other community leaders, to respond to the diverse interests and needs and leverage additional resources to improve student academic achievement; (VIII) understand how students learn and develop in order to increase academic achievement for all students, including students with disabilities and English learners; and (IX) understand the varied roles and responsibilities of general and special educators and teachers of English as a second language to support meaningful observation, feedback, and evaluations. (B) Clinical training Implementing at least 1 academic year of high-quality clinical training in high-need schools that includes the following criteria: (i) Integration of coursework, robust school-based practice, and mentoring, to promote effective leadership skills. (ii) Engagement of school leader residents in rigorous coursework, which shall be aligned to the needs of the high-need local educational agency in the eligible partnership. (iii) Establishment of clear criteria for the selection and assignment of mentor school leaders. (iv) Placement of school leader residents in cohorts that facilitate professional collaboration, both among school leader residents and between such school leader residents and mentors in the receiving school. (v) Support for school leader residents once such school leader residents are hired as school leaders, through an induction program, high-quality professional development, and regular opportunities, to support residents in their development of leadership skills during not less than the residents’ first 2 years of serving as a school leader. (C) Selection of individuals as school leader residents (i) Eligible individual In order to be eligible to be a school leader resident in a school leader residency program under this paragraph, an individual shall— (I) be a graduate of a 4-year institution of higher education; (II) have prior prekindergarten through grade 12 teaching experience; (III) have experience as an effective leader, manager, and communicator; and (IV) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a school leader residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the school leader residency program, aligned to the hiring needs and objectives of the high-need local educational agency in the eligible partnership, and based on, at a minimum, the following applicant characteristics: (I) Demonstrated leadership skills in an elementary school or secondary school setting. (II) Strong record of accomplishment in prior prekindergarten through grade 12 teaching experience. (III) Strong verbal and written communication skills. (IV) Other attributes linked to effective leadership. (V) Demonstrated commitment, which may be evidenced by past work experience, to serving in high-need local educational agencies. (5) Stipends or salaries; applications; agreements; repayments (A) Stipends or salaries A teacher residency program or school leader residency program funded under this subsection shall provide a 1-year living stipend or salary to each teacher or school leader resident during the residency program. (B) Applications for stipends or salaries Each teacher or school leader residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (C) Agreements to serve Each application submitted under subparagraph (B) shall contain or be accompanied by an agreement that the applicant will— (i) serve as a full-time teacher or school leader for a total of not less than 3 academic years immediately after successfully completing the teacher residency program or school leader residency program; (ii) fulfill the requirement under subclause (i)— (I) by serving as a teacher in a high-need subject or field in a high-need school served by the high-need local educational agency in the eligible partnership or serving as a school leader in such a school; or (II) if there is no appropriate position available in a high-need school served by the high-need local educational agency in the eligible partnership, by serving as a teacher in a high-need subject or field in a high-need school in another high-need local educational agency or serving as a school leader in such a school; (iii) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in clauses (i) and (ii) at the beginning of, and upon completion of, each year or partial year of service; (iv) for teachers, meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this subparagraph; and (v) comply with the requirements set by the eligible partnership under subparagraph (D) if the applicant is unable or unwilling to complete the service obligation required under this subparagraph. (D) Repayments (i) In general An eligible partnership receiving a grant under this section to design and implement an effective educator residency program shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the eligible partnership that the recipient intends not to complete, the service obligation required under subparagraph (C) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the eligible partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (ii) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in subparagraph (A) or for deferral of a teacher or school leader resident’s service obligation required by subparagraph (C) on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (iii) Use of repayments An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this subsection. (d) Consultation (1) In general In addition to the requirements identified in subsection (b)(2)(A), members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section. (2) Regular communication To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. (3) Written consent The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent to such changes signed by all members of the eligible partnership. (e) Construction Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. (f) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. (g) Authorization of Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. 203. Administrative provisions of educator residency grants (a) Duration; number of awards; payments (1) Duration (A) In general A grant awarded under this part shall be not more than 5 years in duration. (B) Requirements for additional funding Before receiving funding for the third or any subsequent year of a grant under this part, the eligible partnership receiving the grant shall demonstrate to the Secretary that the eligible partnership is— (i) making progress in implementing the requirements under section 202(c) at a rate that the Secretary determines will result in full implementation of the program during the remainder of the grant period; and (ii) making progress, as measured by the performance objectives established by the eligible partnership under section 204(a), at a rate that the Secretary determines will result in reaching the targets and achieving the objectives of the grant, during the remainder of the grant period. (2) Number of awards An eligible partnership may not receive more than 1 grant during a 5-year period. Nothing in this part shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this part from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period applicable to the eligible partnership with which the individual member has first partnered has expired. (b) Peer review (1) Panel The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority The Secretary, in funding applications under this part, shall give priority— (A) to eligible partnerships that include a high-need local educational agency that serves a student population that consists of 40 percent or more students from low-income families; (B) to eligible partnerships that include an institution of higher education whose educator preparation program has a rigorous selection process to ensure the highest quality of students entering such program; (C) to applications from broad-based eligible partnerships that involve businesses and nonprofit community organizations; or (D) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas. (3) Secretarial selection The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants under this part. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership. (c) Matching requirements (1) In general Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part. (d) Limitation on administrative expenses An eligible partnership that receives a grant under this part may use not more than 4 percent of the funds provided to administer the grant. 204. Performance measures and evaluation of educator residency grants (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, a plan for evaluating the grant project using scientifically valid research that includes strong and measurable performance objectives. The plan shall include, at a minimum, objectives and measures for determining the eligible partnership’s success in increasing— (1) each teacher candidate or school leader candidate’s performance during their clinical training under paragraphs (3)(B) and (4)(B) of section 202(c); (2) educator retention in high-need schools— (A) 3 years after initial placement as a teacher or school leader; and (B) 5 years after initial placement as a teacher or school leader; (3) the pass rates and scaled scores for first time test takers on the State certification or licensing examination; (4) educator effectiveness, as measured by— (A) performance on teacher or school leader evaluations, including impact on student growth; and (B) satisfaction survey outcomes; and (5) the percentage of— (A) recent program graduates hired by the high-need local educational agency who are rated effective under a State or district evaluation system 2 years after program completion; (B) recent program graduates hired by the high-need local educational agency who are rated effective under a State or district evaluation system 2 years after program completion and are members of underrepresented groups; (C) recent program graduates hired by the high-need local educational agency who are rated effective under a State or district evaluation system 2 years after program completion and who teach in high-need subject areas or fields; (D) recent program graduates hired by the high-need local educational agency who are rated effective under a State or district evaluation system 2 years after program completion and who serve in high-need schools or schools in rural areas, disaggregated by the elementary school and secondary school levels; and (E) early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent, as applicable. (b) Annual report Each eligible partnership that receives a grant under this part shall submit to the Secretary and make publicly available, at such time and in such manner as the Secretary may require, an annual report including at a minimum— (1) data on the eligible partnership’s progress on the measures described in subsection (a); and (2) a description of the challenges the eligible partnership has faced in implementing its grant and how the eligible partnership has addressed or plans to address such challenges. (c) Information An eligible partnership receiving a grant under this part shall ensure that candidates for admission to educator preparation programs, teachers, school leaders, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part. (d) Revised application If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary— (1) shall cancel the grant; and (2) may use any funds returned or available because of such cancellation under paragraph (1) to— (A) increase other grant awards under this part; or (B) award new grants to other eligible partnerships under this part. (e) Technical assistance, evaluation, and dissemination The Secretary shall reserve not more than 2 percent of the funds appropriated under section 202(g) for a fiscal year— (1) to provide, directly or through grants, contracts, or cooperative agreements, technical assistance by qualified experts on using practices grounded in scientifically valid research to improve the outcomes of projects funded under this part; (2) acting through the Director of the Institute for Education Sciences, to— (A) develop performance measures, including the measures described in subsection (a) and evaluate the activities funded under section 202 by these performance measures by applying the same measures to each project funded under section 202; (B) report the findings of the evaluation to the authorizing committees and make publicly available on the website of the Department; and (C) identify best practices and disseminate research on best practices that scientifically valid research indicates are the most successful in improving the quality of educator preparation programs, including through regional educational laboratories and comprehensive centers (as authorized under the Education Sciences Reform Act of 2002). (f) Evaluation To be made publicly available Each eligible partnership receiving a grant under this part shall complete and make publicly available, not later than 90 days after the grant period for such eligible partnership ends, an evaluation based on the evaluation plan described under subsection (a). (g) Development of performance measures The Secretary shall develop performance measures described in subsection (e) prior to awarding grants under this part. The Secretary shall ensure that such measures are made available to potential applicants prior to seeking applications for grants under this part. B State innovation in educator preparation 206. Educator preparation program reform grants (a) Definitions In this section: (1) Educator Preparation Program Accountability and Improvement System The term Educator Preparation Program Accountability and Improvement System (A) defining at least 4 performance levels that differentiate the performance of educator preparation programs based on data required in subparagraph (D); (B) administering satisfaction surveys to employers of recent program graduates; (C) administering satisfaction surveys to recent program graduates; (D) assessing all such educator preparation programs on multiple measures that, at a minimum, shall include— (i) for teacher preparation programs— (I) a statewide measure of teacher impact on student learning for recent program graduates who are employed as full-time teachers as demonstrated through either— (aa) the percentage of recent program graduates in each evaluation rating category for States that have statewide teacher evaluation systems if such evaluation systems contain the impact on student achievement, multiple measures, and more than 2 rating categories; or (bb) for States that do not have a statewide teacher evaluation system meeting the requirements in item (aa), the percentage of recent program graduates who demonstrate evidence of improved student growth that is limited to evidence-based or externally-validated measures; (II) the number and percentage of recent program graduates employed as full time teachers who are identified as well-prepared by their employers in the surveys described in subparagraph (B); (III) the number and percentage of recent graduates employed as full-time teachers who identify themselves as being well-prepared in surveys described in subparagraph (C); (IV) the number and percentage of teachers who graduated from teacher preparation programs and who are still teaching in full-time positions 3 years and 5 years after initial placement as a teacher; and (V) the number and percentage of teachers who graduated from the educator preparation program in the most recent academic year who are teaching in full-time positions; (ii) for school leader preparation programs— (I) a statewide measure of school leader impact on student learning for recent program graduates who are employed as full-time school leaders as demonstrated through either— (aa) the percentage of recent program graduates in each evaluation rating category for States that have statewide school leader evaluation systems that include the impact on student achievement, multiple measures, and more than 2 rating categories; or (bb) for States that do not have school leader evaluation systems that meet the requirements of item (aa), the percentage of recent program graduates who demonstrate evidence of improved student achievement and growth that is limited to evidence-based or externally-validated measures; (II) evidence of training school leaders to provide strong instructional leadership and support to teachers and other staff; (III) the number and percentage of recent program graduates employed as full time school leaders who are identified as well-prepared in the surveys described in subparagraph (B); (IV) the number and percentage of recent program graduates employed as school leaders who, based on surveys described in subparagraph (C), described themselves as prepared to be effective school leaders; (V) the number and percentage of school leaders who graduated from the educator preparation program in the most recent academic year who are employed as school leaders; and (VI) the number and percentage of school leaders who graduated from programs and are still serving in a school leadership role 3 years and 5 years after initial placement as a school leader; (iii) for all educator preparation programs— (I) evidence of meaningful collaboration with high-need local educational agencies to ensure the educator preparation programs are preparing educators to meet the workforce needs of high-need local educational agencies and to ensure that high-need local educational agencies have a role in the design of the teacher or school leader candidate education offered at educator preparation programs; and (II) the number and percentage of graduates who are working as full-time teachers or school leaders in high-need schools after 3 years; (E) using the same metrics and weights to determine the performance level of all educator preparation programs in the State; (F) public reporting of performance levels on a program by program basis based on the measures described in subparagraph (D); (G) distribution of educator preparation program performance information to all local educational agencies and school boards in the State; (H) interventions for programs identified as low performing pursuant to subparagraph (A), including— (i) for programs identified as low performing for 1 year, requiring such programs to conduct a needs assessment and develop and implement an improvement plan based on that needs assessment; (ii) for programs identified as low performing for 3 consecutive years, requiring such programs to lose eligibility for TEACH grants under subpart 9 of part A of title IV and continue to implement an improvement plan; and (iii) for programs identified as low performing for 4 consecutive years, requiring the State to terminate the ability of such program to operate; and (I) for programs identified in the lowest performing level for 1 or more years under subparagraph (A), an automatic designation as a low performing program under section 212. (2) Eligible entity The term eligible entity (A) a State; or (B) a consortium of States. (b) Program authorized (1) Educator preparation program reform grants The Secretary shall award grants to eligible entities to enable such entities to reform and improve educator preparation programs. (2) Duration (A) In general A grant awarded under this section shall be not more than 5 years in duration. (B) Number of grants A State shall not receive, directly or as part of a consortium, more than 1 grant under this section for any grant period. (C) Requirements for additional funding Before receiving funding for the third or any subsequent year of the grant, the eligible entity receiving the grant shall demonstrate to the Secretary that the eligible entity is— (i) making progress in implementing the plan under subsection (c)(1)(A) at a rate that the Secretary determines will result in full implementation of the plan during the remainder of the grant period; and (ii) making progress, as measured by the performance measures established by the Secretary under subsection (h), at a rate that the Secretary determines will result in reaching the measures and achieving the objectives of the grant, during the remainder of the grant period. (D) Substantial progress (i) In general If the Secretary determines that an eligible entity receiving a grant under this section is not making substantial progress in meeting the objectives of the grant, as appropriate, by the end of the third year of the grant under this section, then the Secretary may, after notice and an opportunity for a hearing in accordance with chapter 5 (I) withhold funds provided under the grant under this section for failure to comply substantially with the requirements of this section; or (II) take actions to recover funds provided under the grant if the entity uses grant funds for an unallowable expense, or otherwise fails to discharge its responsibility to properly account for grant funds. (ii) Use of recovered or unused funds Any funds recovered or withheld under clause (i) shall— (I) be credited to the appropriations account from which amounts are available to make grants under this section; and (II) remain available until expended for any purpose of such account authorized by law that relates to the program under this section. (E) Reservation of funds From amounts made available to carry out this section for a fiscal year, the Secretary may reserve not more than 5 percent to carry out activities related to technical assistance, outreach and dissemination, and evaluation. (c) Application and selection criteria (1) Application An eligible entity that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each such application shall include— (A) a plan to implement the required activities in subsection (e)(1) statewide, including a description of its plan to support educator preparation programs to make the necessary reforms and improvements required under this section; (B) an assurance that the eligible entity will use the Educator Preparation Program Accountability and Improvement System to reward high-performing educator preparation programs and identify and improve low-performing educator preparation programs and the specific criteria the eligible entity will use to identify low-performing and high-performing educator preparation programs; (C) evidence of the steps the State has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of the State plans under subparagraph (A); (D) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds to develop statewide reforms and improvements to educator preparation programs; (E) evidence of collaboration between the eligible entity, State standards boards for teacher or school leader certification, local educational agencies, educator preparation programs, teachers, school leaders, and other key stakeholders within the State in developing the plan under subparagraph (A), including the design of the Education Preparation Program Accountability and Improvement System; (F) a commitment to participate in the reporting provisions under subsection (f) and the evaluation of the activities carried out under this section, as described in subsection (h); and (G) a description of the eligible entity's plan to regularly review the success of activities undertaken as part of the grant and continuously improve such activities. (2) Selection criteria In awarding grants under this section, the Secretary shall consider— (A) the extent to which the eligible entity has the capacity to implement the activities described in subsection (e); (B) the extent to which the eligible entity has a demonstrated record of effectiveness or an evidence-based plan for reforming educator preparation programs; and (C) the likelihood of the eligible entity sustaining the reforms and improvements required under the grant, once the grant has ended and the eligible entity’s plan for sustaining the reforms and improvements after the grant has ended. (d) Awarding grants In awarding grants under this section, the Secretary shall give priority to an eligible entity with— (1) data systems in place to link the results of teacher or school leader evaluation systems for recent program graduates back to the educator preparation programs from which they graduated; (2) statewide teacher or school leader evaluation systems based on multiple measures, that include student growth; and (3) strong partnerships between educator preparation programs and high-need local educational agencies. (e) Activities (1) Required uses of funds for all grantees Each eligible entity that receives a grant under this section shall use the grant funds to do the following: (A) Incorporate into the State’s educator preparation program approval process a requirement that educator preparation entities— (i) successfully recruit top talent and hold a high bar for admission to educator preparation programs; (ii) present evidence demonstrating selective admission; (iii) provide participants with clinical training, including prioritizing clinical training in high-need schools; (iv) for entities that prepare teachers, prepare all teachers to effectively teach students with disabilities and English learners, and for entities that prepare school leaders, prepare all school leaders to lead schools that effectively address the academic needs of students with disabilities and English learners; (v) for entities that prepare teachers, ensure that all teacher candidates demonstrate subject matter mastery and mastery of effective classroom management, and for entities that prepare school leaders, ensure that all school leader candidates demonstrate mastery of school management techniques, including strategies for creating a positive learning environment that conveys high expectations for all students and equitably implementing school discipline policies; (vi) ensure that all teachers and school leaders develop teaching skills and school leadership skills, respectively; and (vii) are aligned with research-based professional teaching or leadership standards. (B) Design and implement an Educator Preparation Program Accountability and Improvement System and require all educator preparation programs to be included in such system. (C) Require all educator preparation programs to regularly communicate with the in-State local educational agencies they predominantly serve to ascertain the agencies' educator workforce needs and whether the educator preparation programs are meeting the workforce needs and whether recent program graduates have the skills needed to be effective. (D) Require all educator preparation programs to utilize satisfaction surveys of recent program graduates that are conducted by the States to improve educator preparation programs. (E) Require all educator preparation programs to utilize satisfaction surveys of employers that are conducted by the States to ascertain employer satisfaction with recent program graduates of educator preparation programs. (F) Ensure statewide data systems, including the Educator Preparation Program Accountability and Improvement System, do not publicly report personally identifiable information of educators or elementary school or secondary school students, comply with section 444 of the General Education Provisions Act ((20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (i) the aggregate impact their recent program graduates have on student achievement as demonstrated through teacher or school leader evaluation results of their program graduates; (ii) retention of their program graduates, including at— (I) 3 years after initial placement as a teacher or school leader; and (II) 5 years after initial placement as a teacher or school leader; and (iii) the number and percentage of recent program graduates hired into full-time positions as teachers or school leaders within 1 year of certification or licensure. (G) Report publicly on the aggregate performance of each educator preparation program operating in the State, including aggregate data on the measures described in subparagraph (F), and ensure that key stakeholders such as applicants to teacher preparation programs or school leader preparation programs, school administrators, and school board members, receive these performance results. (H) Redesign certification and licensing exams to ensure that such exams are aligned with the State’s challenging academic content standards and challenging student academic achievement standards required under section 1111(b) of the Elementary and Secondary Education Act of 1965, educator performance assessments, and educator evaluation systems. (I) Utilize data collected, as described in subsection (a)(1), in program approval, program re-approval, program improvement, and program closures processes. (J) Require all educator preparation programs within the State to offer a high-quality clinical training to educator candidates. (2) Required uses of funds for consortia grantees Each eligible entity that receives a grant under this section and is a consortium of States shall use the grant funds to carry out the uses of funds under paragraph (1) and each of the following: (A) Develop consistent program quality and accountability indicators across State lines. (B) Develop consistent measures for identifying educator preparation programs as low performing. (C) Develop systems for the sharing of the data required under the Educator Preparation Program Accountability and Improvement System across State lines that complies with all relevant Federal and State privacy laws, including section 444 of the General Education Provisions Act ((20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (3) Permissive uses of funds Each eligible entity that receives a grant under this section may use the grant funds (after meeting all the required uses of funds under paragraph (1) and, as applicable, paragraph (2)) to do the following: (A) Incentivize educator preparation programs to pursue programmatic accreditation. (B) Improve diversity of teacher or school leader candidates in educator preparation programs. (C) Develop partnerships between high-need local educational agencies and educator preparation entities to provide high-quality induction programs and mentoring programs for new educators. (D) Provide subgrants for educator development. In this subparagraph, the term educator (E) Include, in the subgrants provided under subparagraph (D), the following activities: (i) Implementing curriculum changes that improve, evaluate, and assess how well educators develop instructional skills. (ii) Preparing educators to use empirically based practice and scientifically valid research, where applicable. (iii) Providing pre-service clinical training. (iv) Creating induction programs for new educators. (v) Aligning recruitment and admissions goals and priorities with the hiring objectives with local educational agencies in the State, including high-need local educational agencies. (f) Reporting An eligible entity that receives a grant under this section shall submit to the Secretary and make publicly available, at such time and in such manner as the Secretary may require, an annual report, including, at a minimum— (1) data on the eligible entity’s progress on the performance measures established by the Secretary under subsection (h); (2) a description of the challenges the eligible entity has faced in implementing its plan under this section, and how the eligible entity has addressed or plans to address such challenges; and (3) data on educator preparation programs in the State recruiting and selecting candidates who are members of groups underrepresented in the teaching profession. (g) Supplement, not supplant Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. (h) Research, evaluation, and dissemination The Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) develop performance measures to evaluate the effectiveness of the activities carried out under this grant program; and (2) identify best practices and disseminate research on best practices. (i) Development of performance measures The Secretary shall establish performance measures described under subsection (h) prior to awarding grants under this section. The Secretary shall ensure that such measure are made available to potential applicants prior to seeking applications for grants under this section. (j) Teacher or school leader privacy No State or local educational agency shall be required to publicly report information in compliance with this section in a case in which the results would reveal personally identifiable information about an individual teacher or school leader. (k) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State or local laws (including applicable regulators or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (l) Report to Congress Not later than 5 years after the date of enactment of the Higher Education Affordability Act, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Appropriations of the House of Representatives on lessons learned through programs funded with grants awarded under this section and shall make such report publicly available. (m) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. C Educator preparation program reporting and improvement 210. Information on educator preparation programs (a) Institutional and program report cards on the quality of educator preparation (1) Report card Each institution of higher education that conducts a traditional educator preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act and each educator preparation entity that is not based at an institution of higher education and that receives Federal assistance shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following, in the aggregate for each institution and entity and disaggregated by program within each institution and entity: (A) Goals and assurances For the most recent year for which the information is available for the institution or entity— (i) whether the goals set under section 211 have been met; and (ii) if the goals under section 211 have not been met, a description of the steps the program is taking to improve its performance in meeting such goals. (B) Pass rates and scaled scores For the most recent year for which the information is available for those program participants who took the assessments used for teacher or school leader certification or licensure by the State in which the program is located and are enrolled in the traditional educator preparation program or alternative routes to State certification or licensure program, for each of such assessments— (i) the percentage of all program participants who have taken the assessment who have passed such assessment compared to the average passage rate percentage in the State on such assessment; (ii) the percentage of all program participants who have taken the assessment who passed such assessment on the first time taking the assessment compared to the first-time average passage rate in the State on such assessment; (iii) the percentage of program participants who have taken such assessment and enrolled in the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program, as applicable; (iv) the average scaled score for all program participants who have taken such assessment, as compared to the passing score required by the State on such assessment; (v) the average scaled score for all program participants who have taken such assessment for the first time compared to the average scaled score for programs in the State; and (vi) if applicable, the percentage of all program participants who have taken and passed a teacher performance assessment compared to the average passage rate for all programs in the State on such assessment. (C) Candidate information For the most recent academic year for which data is available— (i) the median cumulative grade point average of admitted program participants compared to the institution or entity as a whole; (ii) the median score on standardized entrance examinations of admitted program participants compared to the institution or entity as a whole, as applicable; (iii) in the aggregate and disaggregated by race, ethnicity, gender, and Pell Grant recipient status, the number of program participants who— (I) enrolled in the program; and (II) completed or graduated from the program in 100 percent of normal time and 150 percent of normal time; and (iv) the total number of program participants who have been certified or licensed as teachers or school leaders, disaggregated by race, ethnicity, gender, Pell Grant recipient status, subject and area of certification or licensure. (D) Program information For the most recent academic year for which data is available— (i) the percentage of enrolled program participants who participated in a clinical training; (ii) the number of hours of clinical training required for program participants; and (iii) the percentage of program participants graduating from or completing the program who obtained at minimum 50 percent of clinical training in high-need schools. (E) Accreditation and approval Whether the program is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional educator preparation programs and whether the program is approved by the State. (F) Designation as low-performing Whether the program has been designated as low performing by the State under section 212. (G) Educator training A list of the activities that prepare— (i) general education and special education teachers and other educators to effectively teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are English learners; and (ii) school leaders to effectively develop a shared vision for high achievement and college and career readiness for all students, including creating structures and staffing to meet the needs of all students, in particular students with disabilities and English learners. (2) Fines The Secretary may impose a fine not to exceed $27,500 on an institution of higher education or educator preparation entity that is not based at an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (3) Rule of construction Nothing in this section shall be construed to prevent a State from collecting and reporting additional data indicators regarding teacher preparation programs. (4) Special rule In the case of an institution of higher education, or educator preparation entity that is not based at an institution of higher education, that conducts a traditional educator preparation program or alternative routes to State certification or licensure program and has fewer than 10 program participants in a program, the institution or entity shall collect and publish information, as required under paragraph (1) over a 3-year period. (5) Protection for teacher or leader identity and data validity The Secretary, in consultation with the Commissioner of the National Center for Education Statistics, shall ensure that data collected under paragraph (1) and subsection (b) is collected in a way to protect the privacy of teacher or school leader candidates, as well as teachers or school leaders, and to ensure there is sufficient data quality to ensure the validity of conclusions to be drawn from the data collection. (b) State report card on the quality of educator preparation (1) In general Each State that receives funds under this Act shall provide to the Secretary, and make widely available to the general public and to all local educational agencies located within the State, including by sending information about the State report card to every local educational agency in the State, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of educator preparation in the State, both for traditional educator preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following: (A) All information reported under subsection (a)(1), for the State as a whole, and for each educator preparation program located within the State. (B) For the most recent year for which the information is available for each educator preparation program located within the State— (i) the number and percentage of recent program graduates hired into full-time positions as teachers or school leaders within 1 year of certification or licensure, in the aggregate and reported separately by— (I) teachers in high-need subject areas or fields; (II) high-need schools; and (III) certification or licensure type; (ii) for teacher preparation programs, the number and percentage of recent program graduates hired into full-time positions as teachers who served for periods of not less than 3 academic years after their initial placement in a teacher position, in the aggregate and reported separately by— (I) teachers in high-need subject areas or fields; (II) high-need schools; (III) certification or licensure type; and (iii) for school leader preparation programs, the number and percentage of recent program graduates hired into full-time positions as school leaders who served for periods of not less than 3 academic years after their initial placement in a school leader position, in the aggregated and reported separately by— (I) principals; (II) assistant principals; and (III) high-need schools. (C) For recent program graduates at each educator preparation program in the State— (i) the percentage of recent program graduates whose elementary and secondary students demonstrate evidence of improved student growth on State teacher or leader evaluation systems, if States have such teacher or leader evaluation systems; and (ii) the percentage of recent program graduates who are rated highly based on results from State-administered satisfaction surveys, as available, and the percentage of recent program graduates who self-identify as prepared to be effective teachers or school leaders based on results from State-administered satisfaction surveys, as available. (D) Any educator preparation program that has a first-time passage rate for all test takers from the program (regardless of whether or not they are considered program graduates) on assessments used for teacher or school leader certification or licensure below 80 percent. (E) The total number of teachers certified or licensed in the preceding year in each high-need subject or field, as compared to the number of teachers needed in each high-need subject or field, and the total number of school leaders certified or licensed in the preceding year and serving in a high-need school compared to the number of school leaders needed in a high-need school, by elementary schools and secondary schools located within the State. (2) State report card distribution and publication Each academic year, a State shall— (A) submit the report card required under paragraph (1) for the State and for each educator preparation program in the State to the Secretary; (B) publish the State’s and each educator preparation program’s report cards on the website of the State educational agency; (C) require that each educator preparation program in the State publish the report card required under paragraph (1) on the program’s website and provide the report card to prospective teacher and school leader candidates as well as teacher and school leader candidates accepted for admission; and (D) provide the report card required under paragraph (1) to each local educational agency in the State. (3) Low-performing programs Each State receiving funds under this Act shall provide— (A) the State’s criteria for assessing the performance of educator preparation programs in the State, including the measures described in section 212(a); (B) a list of all programs identified as low performing under section 212, and an identification of those programs at risk of being placed on such list, including a specification of the factors that led to each program’s identification; (C) for States that do not identify any programs as low performing under section 212 or at risk of being classified as low performing, a description of the reliability and validity of the measures used to assess program performance and evidence that each program met the State’s criteria for assessing performance of teacher preparation programs and school leader preparation programs; and (D) for States that do not identify any programs as low performing under section 212 or at risk of being classified as low performing, an explanation of why programs that have first-time passage rates under 80 percent on assessments used for teacher or school leader certification or licensure are not identified as low-performing by the State. (4) Prohibition against creating a national list The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection. (c) Data quality The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. (d) Report of the secretary on the quality of educator preparation (1) Report card The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher and school leader qualifications and preparation in the United States, including all the information reported in subsection (b)(1). Such report shall identify States which received a grant under this part as part of an eligible partnership. (2) Report to congress The Secretary shall prepare and submit a report to the authorizing committees and make such report publicly available that contains the following: (A) A comparison of States’ efforts to improve the quality of the current and future educator force, including a list of those States that did not identify any programs as low performing under section 212, or at risk for being identified as low performing, and an assessment of the reliability and validity of the criteria used to by such States to evaluate program performance. (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future educator force. (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher or school leader certification or licensure. (3) Special rule In the case of a teacher preparation program or school leader preparation program with fewer than 10 graduates in a program, the Secretary shall collect and publish, and make publicly available, the information required under subsection (b)(1) taken over a 3-year period. (e) Coordination The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. 211. Goals for meeting the needs of educator shortage areas (a) Annual goals Each institution of higher education that offers a traditional educator preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this Act, and each non-institution of higher education-based educator preparation entity receiving Federal assistance shall set annual quantifiable goals for increasing the number of prospective educators trained in educator shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of English learners. (b) Assurances Each institution described in subsection (a) shall provide assurances to the Secretary that— (1) training provided to prospective educators responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach or lead, based on past hiring and recruitment trends; (2) training provided to prospective educators is closely linked with the needs of schools and the instructional decisions new teachers or school leaders face in the classroom and school; (3) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects; (4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, English learners, and children from low-income families; and (5) prospective educators receive training on how to effectively meet the needs of urban and rural schools, as applicable. (c) Rule of construction Nothing in this section shall be construed to require an institution to create a new educator preparation area of concentration or degree program or adopt a specific curriculum in complying with this section. 212. State identification of low-performing programs (a) State assessment In order to receive funds under this Act, a State shall conduct an assessment to identify low-performing educator preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing educator preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 210(b). Levels of performance shall be determined by the State and shall include, at minimum— (1) measures of candidates’ academic strength, such as median cumulative grade point averages or median standardized entrance examination scores of admitted students; (2) first-time passage rates and scaled scores on assessments used for teacher or school leader certification or licensure by the State; (3) the number of hours of clinical training required for program candidates; (4) programs’ progress towards achieving goals set under section 211(a); (5) employment outcomes for recent program graduates, including job placement rates and retention rates, particularly in high-need schools; (6) recent program graduates’ results from teacher or leader evaluations; and (7) results of satisfaction surveys, as applicable. (b) Termination of eligibility Any educator preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to accept or enroll any student who receives aid under title IV in the institution’s educator preparation program; (3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and (4) shall be reinstated upon demonstration of improved performance, as determined by the State. (c) Negotiated rulemaking If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations. (d) Application of the requirements The requirements of this section shall apply to both traditional educator preparation programs and alternative routes to State certification and licensure programs. 213. General provisions (a) Methods The Secretary shall ensure that States, institutions of higher education, and educator preparation entities, use fair and equitable methods in reporting under this part and that the reporting methods do not reveal personally identifiable information. (b) Special rule For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965, in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act, the Secretary shall— (1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores. (c) Release of information to educator preparation programs (1) In general For the purpose of improving teacher and school leader preparation programs, a State that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to an educator preparation program any and all pertinent education-related information that— (A) may enable the educator preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and (B) is possessed, controlled, or accessible by or through the State. (2) Data required to be shared In addition to the information described in paragraph (1), the State shall share with each educator preparation program in the State, and to the extent practicable, with educator preparation programs in other States whose program graduates are teaching in the State, data from teacher or school leader evaluation results, including any information necessary to complete subsections (a) and (b) of section 210. (3) Privacy The information and data required under paragraphs (1) and (2) to be shared shall— (A) include aggregate elementary and secondary academic achievement, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the educator preparation program, as available; and (B) comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (d) Funding A State may use funds made available under section 2113(a)(3) of the Elementary and Secondary Education Act of 1965 to carry out this section. D Enhancing teacher education 1 Honorable Augustus F. Hawkins Centers of Excellence 214. Definitions In this subpart: (1) Eligible institution The term eligible institution (A) an institution of higher education that offers a teacher preparation program that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502); (iii) a Tribal College or University (as defined in section 316); (iv) an Alaska Native-serving institution (as defined in section 317(b)); (v) a Native Hawaiian-serving institution (as defined in section 317(b)); (vi) a Predominantly Black Institution (as defined in section 318); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (viii) a Native American-serving, nontribal institution (as defined in section 319); (B) a consortium of institutions described in subparagraph (A); or (C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 215 is located at an institution described in subparagraph (A). (2) Scientifically based reading research The term scientifically based reading research 215. Augustus F. Hawkins Centers of Excellence (a) Program authorized From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (b) Use of funds Grants provided by the Secretary under this subpart shall be used to ensure that current and future teachers are highly qualified by carrying out 1 or more of the following activities: (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who are highly qualified, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques to improve student academic achievement, by— (A) retraining or recruiting faculty; and (B) designing (or redesigning) teacher preparation programs that— (i) prepare teachers to serve in low-performing schools and close student achievement gaps, and that are based on rigorous academic content, scientifically valid research (including scientifically based reading research and mathematics research, as it becomes available), and challenging State academic content standards and student academic achievement standards; and (ii) promote strong teaching skills. (2) Providing sustained and high-quality preservice clinical training, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, school leaders, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of highly qualified teachers and school leaders, including minority teachers and school leaders, including programs that provide— (A) teacher or school leader mentoring from exemplary teachers or school leaders, respectively; or (B) induction and support for teachers and school leaders during their first 3 years of employment as teachers or school leaders, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance. (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under section 202. (c) Application Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require. (d) Minimum grant amount The minimum amount of each grant under this subpart shall be $500,000. (e) Limitation on administrative expenses An eligible institution that receives a grant under this subpart may use not more than 2 percent of the funds provided to administer the grant. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this subpart. 2 Preparing general education teachers To more effectively educate students with disabilities 216. Teach to reach grants (a) Authorization of program (1) In general The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct students with disabilities in general education classrooms. (2) Duration of grants A grant under this section shall be awarded for a period of not more than 5 years. (3) Non-Federal share An eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind. (b) Definition of eligible partnership In this section, the term eligible partnership (1) shall include— (A) 1 or more departments or programs at an institution of higher education— (i) that prepare elementary or secondary general education teachers; (ii) that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and (iii) the graduates of which are highly qualified; (B) a department or program of special education at an institution of higher education; (C) a department or program at an institution of higher education that provides degrees in core academic subjects; and (D) a high-need local educational agency; and (2) may include a department or program of mathematics, earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers. (c) Activities An eligible partnership that receives a grant under this section— (1) shall use the grant funds to— (A) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating special education strategies into the general education curriculum and academic content; (B) provide teacher candidates participating in the program under subparagraph (A) with skills related to— (i) response to intervention, positive behavioral interventions and supports, differentiated instruction, and data driven instruction; (ii) universal design for learning; (iii) determining and utilizing accommodations for instruction and assessments; (iv) collaborating with special educators, related services providers, and parents, including participation in individualized education program development and implementation; and (v) appropriately utilizing technology and assistive technology for students with disabilities; and (C) provide extensive clinical training for participants described in subparagraph (B) with mentoring and induction program support throughout the program that continues during the first 2 years of full-time teaching; and (2) may use grant funds to develop and administer alternate assessments of students with disabilities. (d) Application An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and (2) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach after completion of the program under subsection (c)(1). (e) Peer review The Secretary shall convene a peer review committee to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section. (f) Evaluations (1) By the partnership (A) In general An eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine— (i) the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and (ii) the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools. (B) Report to the secretary Each eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary. (2) Report by the secretary Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to Congress and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms. E General provisions 217. Limitations (a) Federal control prohibited Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title. (b) No change in State control encouraged or required Nothing in this title shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. (c) National system of teacher certification or licensure prohibited Nothing in this title shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure. (d) Rule of construction Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (e) Teacher or school leader privacy No State, institution of higher education, or local educational agency shall be required to publicly report information in compliance with this title in a case in which the results would reveal personally identifiable information about an individual teacher or school leader. . III Institutional aid 301. Rule of construction Section 301 ( 20 U.S.C. 1051 (1) in the section heading by adding ; rule of construction Findings and purposes (2) by adding at the end the following: (c) Rule of Construction Nothing in this Act shall be construed to restrict an institution from using funds provided under a section of this title for activities and uses that were authorized under such section on the day before the date of enactment of the Higher Education Affordability Act . 302. Program purpose Section 311 ( 20 U.S.C. 1057 (1) by striking subsection (c) and inserting the following: (c) Authorized activities Grants awarded under this section shall be used for 1 or more of the following activities: (1) The purchase, rental, or lease of educational resources. (2) The construction, maintenance, renovation, or joint use and improvement of classrooms, libraries, laboratories, or other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings. (3) Support of faculty exchanges, faculty development, and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction. (4) Student support services, including supporting distance education, the development and improvement of academic programs, tutoring, counseling, school-sanctioned travel, and financial literacy for students and families. (5) Improving funds management, administrative management, and the acquisition of equipment for use in strengthening funds management. (6) Maintaining financial stability through establishing or developing a contributions development office or endowment fund. (7) Other activities proposed in the application submitted pursuant to section 391 that— (A) contribute to carrying out the purposes of the program assisted under this section; and (B) are approved by the Secretary as part of the review and acceptance of such application. ; and (2) in subsection (d)— (A) in paragraph (2), by inserting 75 percent of equal to or greater than (B) by adding at the end the following: (4) Scholarship An eligible institution that uses grant funds provided under this part to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution. . 303. Duration of grant Section 313 ( 20 U.S.C. 1059 (e) Requirement for additional funding (1) In general The Secretary shall not award grant funds for the fourth or fifth year of a grant under this part unless the Secretary determines that the grantee is making progress in implementing the activities described in the grantee's application under section 391 at a rate that will result in the full implementation of such activities before the end of the grant period. (2) Consideration of data and information The Secretary shall consider any data or information provided to the Department by grantees for the continued receipt of grants under this title under paragraph (1) that is considered in accordance with regulations issued by the Secretary before the date of enactment of the Higher Education Affordability Act. Any requirements the Secretary develops for institutions in accordance with regulations issued by the Secretary after the date of enactment of the Higher Education Affordability Act to carry out this subsection shall take into account the capacity and resources of institutions to comply with such requirements. . 304. American Indian tribally controlled colleges and universities Section 316 ( 20 U.S.C. 1059c (1) in subsection (c)— (A) by striking subparagraphs (A) through (N) and inserting the following: (A) The activities described in section 311(c). (B) Academic instruction in disciplines in which Indians are underrepresented and instruction in tribal governance or tribal public policy. (C) Establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification. (D) Establishing community outreach programs that encourage Indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. ; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (i) in paragraph (2), as redesignated by subparagraph (C)— (ii) by inserting not less than 75 percent of in an amount equal to (iii) by adding at the end the following: (D) Scholarship A Tribal College or University that uses grant funds under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such Tribal College or University. ; and (2) in subsection (d)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2), (3), and (4), as paragraphs (1), (2), and (3), respectively. 305. Alaska Native and Native Hawaiian-serving institutions Section 317(c) ( 20 U.S.C. 1059d(c) (1) in paragraph (1)— (A) by striking Authorized Activities Grants awarded under this section shall Authorized Activities (B) by inserting Such activities may include the activities described in section 311(c). capacity to serve Alaska Natives or Native Hawaiians. (2) by striking paragraph (2). 306. Predominantly Black Institutions Section 318(d) ( 20 U.S.C. 1059e(d) (1) in paragraph (2)(A), by striking paragraphs (1) through (12) paragraphs (1) through (7) (2) in paragraph (3)(B), by inserting 75 percent of equal to or greater than 307. Native American-serving nontribal institutions Section 319(c) ( 20 U.S.C. 1059f(c) (1) in paragraph (1)— (A) by striking Authorized Activities Grants awarded under this section shall Authorized Activities (B) by inserting Such activities may include the activities described in section 311(c). serve Native Americans and low-income individuals. (2) by striking paragraph (2). 308. Asian American and Native American Pacific Islander-serving institutions Section 320(c)(2) ( 20 U.S.C. 1059g(c)(2) (A) the activities described in section 311(c); (B) academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented; (C) conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations; and (D) establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders. . 309. Native American education tuition cost share Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. 319A. Native American education tuition cost share (a) Amount of payment (1) In general Subject to paragraphs (2) and (3), for fiscal year 2015 and each succeeding fiscal year, the Secretary shall pay to any eligible college an amount equal to 40 percent of the total amount of charges for tuition for such year, and the State shall pay 60 percent of such charges for such year, for all Native American Indian students who— (A) are not residents of the State in which the college they attend is located; and (B) are enrolled in the college for the academic year ending immediately prior to the beginning of such fiscal year. (2) Eligible colleges For purposes of this section, an eligible college is any institution of higher education serving Native American Indian students that provides tuition-free education to such students, as mandated by Federal law, with the support of the State in which the college is located, in fulfillment of a condition under which the State or college received its original grant of land and facilities from the United States. (b) Treatment of payment Any amounts received by an eligible college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Native American Indian students free of charge of tuition. (c) Rule of construction Nothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse a college for each academic year— (1) with respect to Native American Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students for such academic year that exceeds the amount received under this section for such academic year; and (2) with respect to Native American Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definition In this section, the term Native American Indian student . 310. Grants to institutions Section 323 ( 20 U.S.C. 1062 (1) in subsection (a), by striking paragraphs (1) through (15) and inserting the following: (1) The purchase, rental, or lease of educational resources. (2) The construction, maintenance, renovation, or joint use and improvement of classrooms, libraries, laboratories, or other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings. (3) Support of faculty exchanges, faculty development, and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction. (4) Student academic and support services, including supporting distance education (including through the purchase or rental of telecommunications technology equipment or services), the development and improvement of academic programs and curricula, tutoring, counseling, school-sanctioned travel, and financial literacy for students and families. (5) Improving funds management, administrative management, and the acquisition of technology, services and equipment for use in strengthening funds and administrative management. (6) Maintaining financial stability through establishing or developing a contributions development office or endowment fund. (7) Initiatives to improve the educational outcomes of African-American males. (8) Other activities proposed in the application submitted pursuant to section 325 that— (A) contribute to carrying out the purposes of the program assisted under this section; and (B) are approved by the Secretary as part of the review and acceptance of such application. ; and (2) in subsection (b)— (A) in paragraph (2), by inserting 75 percent of equal to or greater than (B) by adding at the end the following: (4) Scholarship An institution that uses grant funds provided under this part to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution. . 311. Allotments to institutions Section 324(c) ( 20 U.S.C. 1063(c) 5 years 6 years 312. Professional or graduate institutions Section 326 ( 20 U.S.C. 1063b (c) Uses of funds (1) In General A grant under this section may be used for 1 or more of the following activities: (A) The purchase, rental, or lease of educational resources. (B) The construction, maintenance, renovation, or joint use and improvement of classrooms, libraries, laboratories, or other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings. (C) Support of faculty exchanges, faculty development, and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction. (D) Student academic support services, including supporting distance education (including through the purchase or rental of telecommunications technology equipment or services), the development and improvement of academic programs, tutoring, counseling, school-sanctioned travel, distance education, and financial literacy for students and families. (E) Improving funds management, administrative management, and the acquisition of technology, services, and equipment for use in strengthening funds and administrative management. (F) Maintaining financial stability through establishing or developing a contributions development office or endowment fund. (G) Other activities proposed in the applications submitted pursuant to subsection (d) and section 391 that— (i) contribute to carrying out the purposes of the program assisted under this section; and (ii) are approved by the Secretary as part of the review and acceptance of such application. . 313. Applications for assistance Section 391(b) ( 20 U.S.C. 1068(b) (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9); and (2) by inserting after paragraph (5), the following: (6) provide an assurance that the institution will report to the Secretary on— (A) the number and percentage of undergraduate students who upon entry into the institution matriculate into a major field of study or other program leading to a postsecondary certificate, an associate's degree, or a baccalaureate degree; (B) student persistence data for the institution's undergraduates, demonstrating the number and percentage of students who are continuously enrolled in the institution, which shall be measured in a manner proposed by the institution and approved by the Secretary; and (C) data on the number and percentage of undergraduate students making satisfactory progress, as defined in accordance with section 484(c). . 314. Limitations on Federal insurance for bonds issued by the designated bonding authority Section 344(a) ( 20 U.S.C. 1066c(a) (1) in the matter preceding paragraph (1), by striking $1,100,000,000 $3,000,000,000 (2) in paragraph (1), by striking $733,333,333 $2,088,000,000 (3) in paragraph (2), by striking $366,666,667 $912,000,000 315. Authorization of appropriations Section 399(a) ( 20 U.S.C. 1068h(a) (1) in paragraph (1)— (A) in subparagraph (A), by striking $135,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (B) in subparagraph (B), by striking $30,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (C) in subparagraph (C), by striking $15,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (D) in subparagraph (D), by striking $75,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (E) in subparagraph (E), by striking $25,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (F) in subparagraph (F), by striking $30,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (2) in paragraph (2)— (A) in subparagraph (A), by striking $375,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (B) in subparagraph (B), by striking $125,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (3) in paragraph (3), by striking $10,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (4) in paragraph (4)— (A) in subparagraph (A), by striking $185,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (B) in subparagraph (B), by striking fiscal year 2009 fiscal year 2015 (5) in paragraph (5)— (A) in subparagraph (A), by striking $12,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 (B) in subparagraph (B), by striking fiscal year 2009 fiscal year 2015 IV Student assistance A Grants to students 1 Federal Pell Grants 401. Year-round Federal Pell Grants; extension of Federal Pell Grant inflation adjustments Section 401 ( 20 U.S.C. 1070a (1) in subsection (a)(1), by striking through fiscal year 2017 through fiscal year 2020 (2) in subsection (b)— (A) in paragraph (2)(A)(ii), by striking paragraph (7)(B) paragraph (9)(B) (B) by redesignating paragraphs (5) through (7) as paragraphs (7) through (9), respectively; (C) by inserting after paragraph (4) the following: (5) (A) The purpose of this paragraph is to establish a year-round Federal Pell Grant program to allow eligible students to accelerate the time needed to earn a degree. (B) In this paragraph, the term eligible student (i) has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant; (ii) continues to meets all eligibility requirements to receive a Federal Pell Grant under this section; and (iii) attends an institution of higher education on not less than a half-time basis. (C) Notwithstanding any other provision of this subsection, the Secretary shall award an additional Federal Pell Grant to an eligible student for the additional payment periods during an award year that are not otherwise covered by the student's Federal Pell Grant for the award year. (D) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (C), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the total maximum Federal Pell Grant for such award year calculated in accordance with paragraph (9)(C)(iv)(II). (E) Any period of study covered by a Federal Pell Grant awarded under subparagraph (C) shall be included in determining a student's duration limit under subsection (c)(5). (6) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. ; and (D) in paragraph (9)(C), as redesignated by subparagraph (B)— (i) in clause (ii)— (I) in the clause heading, by striking 2017–2018 2020–2021 (II) in the matter preceding subclause (I), by striking 2017–2018 2020–2021 (ii) in clause (iii)— (I) by striking 2018–2019 2021–2022 (II) by striking 2017–2018 2020–2021 (3) by adding at the end the following: (k) Notification of Pell grant eligibility (1) In General Each eligible institution shall notify each student enrolled in the institution who is receiving a Federal Pell Grant of the student's remaining period of eligibility for a Federal Pell Grant in accordance with subsection (c)(5), at the times required under paragraph (2) and (3). (2) Frequency of notifications An eligible institution shall provide the notification described in paragraph (1) to a student receiving a Federal Pell Grant— (A) not less than once a year while the student is enrolled in the institution; and (B) in the case of a student with 2 years, or less, of Federal Pell Grant eligibility remaining, not less than once a semester (or its equivalent) while the student is enrolled in the institution. (3) Pell Grant Recipients who are borrowers In the case of a student who is receiving a Federal Pell Grant who is also a borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), the requirement described in paragraph (1) shall be carried out in accordance with the notification and counseling requirements described in section 485(n). . 401A. College opportunity and graduation bonus demonstration program Subpart 1 of part A of title IV ( 20 U.S.C. 1070a et seq. 401B. College opportunity and graduation bonus demonstration program (a) Demonstration Program Authority The Secretary is authorized to establish a demonstration program— (1) to reward eligible institutions of higher education that enroll and graduate a significant number of low- and moderate-income students on time; and (2) to encourage institutions of higher education to improve their performance in enrolling and graduating a significant number of low- and moderate-income students on time. (b) Grants The Secretary shall carry out the demonstration program described in paragraph (1) by awarding grants to eligible institutions of higher education in not more than 5 eligible States selected in accordance with subsection (c) that the Secretary determines have a strong record of supporting, reforming, and improving the performance of the State's public higher education systems in order to make college more affordable and increase college access and success, especially for low-income students. (c) Eligible States The Secretary shall select eligible States based on the extent to which a State has— (1) invested, and continues to invest, significantly in public higher education, resulting in a lower net price for low-income students, as compared to the net price for such students in other States; (2) adopted policy reforms to ensure seamless transitions into higher education and among public institutions of higher education, such as dual enrollment and guaranteed credit transfers; (3) allocated State financial aid primarily on the basis of need, and (4) met other criteria, as determined by the Secretary. (d) Institutional eligibility The Secretary shall establish criteria for the eligibility of institutions that are located in eligible States on the basis of— (1) the percentage of the institution's graduating class that is comprised of Pell Grant recipients; (2) the institution’s graduation rate; (3) the institution’s average net price; and (4) other criteria, as determined by the Secretary. (e) Uses of funds Each eligible institution of higher education that receives a grant under this section shall use the grant funds to support reforms to further increase college access and success for low- and moderate-income students, by making key investments and adopting best practices, such as— (1) awarding additional need-based financial aid; (2) enhancing academic and student support services; (3) improving student learning and other outcomes while reducing costs; (4) using technology to scale and enhance improvements; and (5) establishing or expanding accelerated learning opportunities. (f) Amount of grant funds (1) In General Each eligible institution of higher education that receives a grant under this section shall receive annual grant funds in an amount equal to— (A) the number of Pell Grant recipients who graduate from the institution on time (defined as an amount of time equal to or less than 100 percent of program length based on full-time enrollment status) in the previous academic year; multiplied by (B) a per-student base amount, which shall be determined by the Secretary and shall be based on the type of institution receiving the grant (such as whether the institution provides a 2-year program or a 4-year program). (2) Additional per-student funds In addition to the amount of grant funds awarded under paragraph (1), the Secretary shall award eligible institutions that graduate a number of Pell Grant recipients in excess of a certain threshold number established by the Secretary, a per-student bonus amount (in excess of the per student base amount described in paragraph (1)(B)) for each additional Pell Grant recipient who graduates from the institution that is in excess of that threshold. (g) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant— (1) other State funds that eligible States would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low-income and moderate-income students; and (2) other institutional funds that eligible institutions receiving a grant under this section would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low-income and moderate-income students. (h) Evaluation Not later than 3 years after the enactment of this section, the Secretary shall prepare and submit to Congress a report that contains an evaluation of the effectiveness of the pilot program under this section in improving college access and success for low-income and moderate-income students. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. . 2 Early awareness of college financing options 403. Federal TRIO programs authorization Section 402A(g) ( 20 U.S.C. 1070a–11(g) $900,000,000 years. such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. 404. Postbaccalaureate achievement program authorization Section 402E(g) ( 20 U.S.C. 1070a–15(g) each of the fiscal years 2009 through 2014 fiscal year 2015 and each of the five succeeding fiscal years 405. Gaining early awareness and readiness for undergraduate programs authorization Section 404H ( 20 U.S.C. 1070a–28 $400,000,000 such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years 405A. Early awareness of college financing options Subpart 2 of part A of title IV ( 20 U.S.C. 1070a–11 et seq. 3 Early awareness of college financing options 405A. Early awareness of college financing options (a) Purpose The purpose of this section is to establish a demonstration program that explores the effectiveness of early notification of postsecondary financial aid options and the cost of postsecondary education. (b) Grants authorized; Duration (1) Grants Authorized From amounts appropriated under subsection (l) and not reserved under paragraph (3), and beginning after the first postsecondary education information form described in subsection (h) has been developed, the Secretary is authorized to award grants to 15 State educational agencies to enable such agencies to pay the expenses, including the expenses of local educational agencies in the State, for providing information in a cost-effective way to students in grades 8 through 12 in order to— (A) increase student awareness of, and access to, postsecondary education; and (B) increase the likelihood that those students will apply for postsecondary financial aid and attend an institution of higher education. (2) Duration A grant awarded under this section shall be awarded for a 3-year period. (3) Reservation of funds From amounts made available to carry out this section for a fiscal year, the Secretary may reserve not more than 1 percent to award a grant to the Bureau of Indian Education, to enable the Bureau to carry out the purposes of this section with respect to schools operated or funded by the Bureau. (c) State educational agency applications (1) In General Each State educational agency desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents Each application described in paragraph (1) shall include— (A) a commitment to utilize the postsecondary education information form described in subsection (h) (referred to in this section as the information form (B) a description of how the State educational agency plans to disseminate the information form to every school serving grades 8 through 12 in the State; (C) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the demonstration program; and (D) such other information as the Secretary may require. (d) Selection considerations In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall consider— (1) the number and quality of State educational agency applications received; (2) the geographic diversity of applicants; and (3) a State educational agency’s— (A) financial responsibility; (B) administrative capability; and (C) ability to ensure that the activities carried out under the demonstration program serve all students in grades 8 through 12 in the State. (e) Selection priority In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall give priority to those States that have a high percentage of students who are eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or who are, or come from families that are, eligible for benefits under another means-tested Federal benefit program as defined in section 479(d)(2). (f) Activities Each State educational agency receiving a grant under this section shall carry out the following activities: (1) Make the information form available to every school in the State that serves students in grades 8 through 12 so that such schools can distribute the form to each student in grades 8 through 12, not less than once each school year, utilizing the most useful, effective, and relevant modes of communication, including through technology. (2) Develop a statewide public awareness campaign, using a variety of media, to inform students about the cost of postsecondary education and the availability of financial aid. (3) Ensure that local educational agencies serving students who receive the information form will participate in the evaluation of the demonstration program, and that data from such local educational agencies will be made available in accordance with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (4) Conduct annual surveys of a representative sample of students who receive the information form, both before the receipt of such form and after the receipt of such form, to determine the short-term and long-term effects of the information form, including— (A) such students' knowledge about the cost of postsecondary education and financial aid options; (B) the likelihood of such students applying for financial aid, attending an institution of higher education, and enrolling in Advanced Placement, International Baccalaureate, dual enrollment, or early college high school programs; and (C) any other information the State educational agency determines relevant. (g) Development of an initial form (1) Initial development Not later than 90 days after the date of enactment of the Higher Education Affordability Act initial form (2) Consumer testing process The Secretary shall— (A) submit the initial form for consumer testing that is in accordance with section 483C and includes the representatives described in paragraph (1); and (B) not later than 60 days after the conclusion of the consumer testing under subparagraph (A), use the results of the consumer testing of the initial form in the development of a final information form described in subsection (h). (h) Postsecondary Education Information Form (1) In general The Secretary shall develop, using the best available evidence and research, an information form that the Secretary shall update annually and distribute to all State educational agencies that receive a grant under this section. The information form shall contain, at a minimum, the following information: (A) Information about Federal Pell Grants, including— (i) the maximum amount of a Federal Pell Grant for the award year in which the form will be disbursed to students, as determined under clauses (i) and (ii) of section 401(b)(2)(A), which shall be the most visually prominent figure on the information form; and (ii) information about when, and how, a student may apply for a Federal Pell Grant. (B) Information on— (i) Federal student financial aid options, including a description of all available Federal grants (including Federal supplemental educational opportunity grants under subpart 3), loans (including loans under parts D and E), work study assistance under part C, and scholarships for postsecondary education; and (ii) the application processes for such grants, loans, assistance, and scholarships. (C) Information about Federal tax credits available for higher education expenses. (D) Links to the application for the Free Application for Federal Student Aid described in section 483 and Federal student aid websites. (E) A link to the Department’s College Affordability and Transparency Center website, including a link to a webpage providing information about net price calculators, or a successor website with similar information. (F) Information about fee waivers for applications for institutions of higher education that may be available to qualified students. (G) A State-specific section, in which each State educational agency shall include information on State grants for postsecondary education. (2) Distribution of final form The Secretary shall make the final information form described in this subsection available to all State educational agencies that receive a grant under this section. (i) State report Each State educational agency receiving a grant under this section shall use results from the surveys described in subsection (f)(4), and other pertinent information, to submit an annual report to the Secretary that includes the following: (1) A description of the delivery method by which the information form was given to students, and a measurement of the reach of such delivery method. (2) The number of students who report being encouraged to pursue higher education by the activities carried out under the grant program. (3) A description of the barriers to the effectiveness of the grant program. (4) An assessment of the cost-effectiveness of the grant program in improving access to higher education. (5) An identification of outcomes related to postsecondary education attendance, including whether a student who received the information form reported being more likely, as compared to before having received such form— (A) to enroll in Advanced Placement, International Baccalaureate, dual enrollment, or early college high school programs; (B) in the case of a student in grade 12, to submit an application to an institution of higher education; (C) to take the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), SAT, or ACT; and (D) in the case of a student in grade 12, to file a Free Application for Federal Student Aid described in section 483. (6) The number of students who received the information form and were in grade 12 in the previous year, disaggregated by race, ethnicity, gender, status as an English language learner, status as an economically disadvantaged individual, and status as an individual with a disability (except that such disaggregation shall not be required in a case in which the results would reveal personally identifiable information about an individual student), who— (A) enrolled in an institution of higher education; (B) applied for Federal student financial aid; and (C) received Federal student financial aid. (7) A description of the impact of the grant program on the parents of students who received the information form. (j) Evaluation and dissemination of research on best practices The Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) develop performance measures, taking into account the elements that are included in the State report described in subsection (i), for grantees to ascertain outcomes and progress related to the grant program; (2) evaluate the demonstration program, using both quantitative and qualitative methods, to examine the effectiveness of delivery methods used in disseminating the information form to students; and (3) identify best practices and disseminate research on best practices— (A) to State educational agencies, local educational agencies, elementary school and secondary school guidance counselors, and other interested stakeholders; and (B) by making such research publicly available on the website of the Institute of Education Sciences. (k) Implementation (1) In General The Secretary shall— (A) upon completion of the grant period, use the results of the evaluation described in subsection (j) to work with all State educational agencies and with local educational agencies to use the results of the evaluation described in subsection (j) to disseminate the information form described in subsection (h) to every State educational agency; and (B) in cooperation with States, institutions of higher education, organizations involved in college access and student financial aid, employers, and workforce investment boards, make special efforts to provide the information form to individuals who may qualify as independent students, as defined in section 480(d). (2) State educational agencies Not later than 1 year after receiving the first information form from the Secretary under paragraph (1), each State educational agency that receives assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 2 succeeding fiscal years. . 405B. Awareness of postsecondary education financing options for adult learners Subpart 2 of part A of title IV ( 20 U.S.C. 1070a–11 et seq. 4 Awareness of postsecondary education financing options for adult learners 405B. Awareness of postsecondary education financing options for adult learners (a) Purpose The purpose of this section is to establish a demonstration program that explores the effectiveness of notification processes for adult students regarding postsecondary financial aid options and the cost of postsecondary education. (b) Grants authorized; duration (1) Grants authorized From amounts appropriated under subsection (l) and beginning after the first information form described in subsection (h) has been developed, the Secretary is authorized to award grants to 15 States to enable such States to pay the expenses of providing information in a cost-effective way to adult students who have received a secondary school diploma or who have been out of secondary school for not less than 3 years, in order to— (A) increase adult student awareness of, and access to, postsecondary education; and (B) increase the likelihood that adult students will apply for postsecondary financial aid and attend an institution of higher education. (2) Duration A grant awarded under this section shall be awarded for a 3-year period. (c) State applications (1) Designation of agency In order for a State to apply for a grant under this part, the Governor of the State shall designate one agency as the eligible State agency who will apply for and administer the grant. (2) Application process Each State agency designated under paragraph (1) that desires to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (3) Contents Each application described in paragraph (2) shall include— (A) a commitment to utilize the postsecondary education information form described in subsection (h) (referred to in this section as the adult information form (B) a description of how the State plans to disseminate the information form to— (i) one-stop centers, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); (ii) offices that provide access to public benefits at the State and local levels, including unemployment insurance benefits, assistance or benefits provided under the State temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 1396 et seq. (iii) public libraries; (iv) 2-year degree-granting institutions of higher education, including occupational programs at such institutions; (v) adult education providers, which may include 2-year degree-granting institutions of higher education or local educational agencies; (vi) local boards, as defined in section 3 of Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (C) an assurance that the State will fully cooperate with the ongoing evaluation of the demonstration program; and (D) such other information as the Secretary may require. (d) Selection considerations In selecting States to participate in the demonstration program under this section, the Secretary shall consider— (1) the number and quality of State applications received; (2) the geographic diversity of applicants; (3) (A) the financial responsibility of the State agency designated by the State to carry out the program; (B) the administrative capability of such agency; and (C) such agency's ability to ensure that the activities carried out under the grant program serve the maximum number of adult students in the State. (e) Selection priority In selecting States to participate in the demonstration program under this section, the Secretary shall give priority to those States that have a high percentage of adults who are unemployed, underemployed, or eligible for benefits under a Federal means-tested program. (f) Activities Each State agency receiving a grant under this section shall carry out the following activities: (1) Make the information form available to every one-stop center, adult education program, public library, office that provides access to public benefits, 2-year degree-granting institution of higher education, and community-based program in the State that serves adult students so that such entities can distribute the form to each adult student utilizing services at the entity in the most useful, effective, and relevant modes of communication, including through technology. (2) Develop a statewide public awareness campaign, using a variety of media, to inform adult students about the value of a postsecondary education, the availability of supports to help them balance work and school, the cost of postsecondary education, and the availability of financial aid. (3) Ensure that entities serving adult students who receive the information form will participate in the evaluation of the demonstration program, and that data from such entities will be made available in accordance with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232 Family Educational Rights and Privacy Act of 1974 (4) Conduct annual surveys of a representative sample of adult students who receive the information form to determine the short-term and long-term effects of the information form, including what those students know about the cost of postsecondary education and financial aid options, the likelihood of such students applying for financial aid, and attending an institution of higher education, and any other information the State agency determines relevant— (A) before the receipt of such form; and (B) after the receipt of such form. (g) Development of an initial form (1) Initial development Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the heads of relevant Federal agencies and representatives of college admissions staff, financial aid staff, adult student focus groups (including students from low-income families), consumer advocates, and adult education program directors, shall complete the development of an initial model form of postsecondary education information (referred to in this subsection as the initial form (2) Consumer testing process The Secretary shall— (A) submit the initial form for consumer testing in accordance with section 483C that includes the representatives described in paragraph (1); and (B) not later than 60 days after the conclusion of the consumer testing under subparagraph (A), use the results of the consumer testing of the initial form in the development of a final information form described in subsection (h). (h) Postsecondary education information form (1) In general The Secretary shall develop, using the best available evidence and research, an information form that the Secretary shall update annually and distribute to all State agencies that receive a grant under this section. The information form shall contain, at a minimum, the following information: (A) The information described in subparagraphs (A) through (F) of section 405A(h)(1). (B) A State-specific section, in which each State shall include information on State grants for postsecondary education. (C) Information about the— (i) individual and societal benefits of postsecondary education; (ii) importance of academic preparation; (iii) array of postsecondary options available to adult students in the State, including availability of programs that can help adults balance work and school; and (iv) the eligibility of the student for various Federal and State tax benefits and public benefits, such as assistance or benefits provided under the State temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 1396 et seq. (2) Distribution of final form The Secretary shall make the final information form described in this subsection available to all States agencies that receive a grant under this section. (i) State report Each State agency receiving a grant under this section shall use results from the surveys described in subsection (f)(4), and other pertinent information, to submit an annual report to the Secretary including the following: (1) A description of the delivery method by which the information form was given to students, and a measurement of the reach of such delivery method. (2) The number of students who report being encouraged to pursue postsecondary education by the activities carried out under the grant program. (3) A description of the barriers to the effectiveness of the grant program. (4) An assessment of the cost-effectiveness of the grant program in improving access to postsecondary education. (5) An identification of outcomes related to postsecondary education attendance, including whether a student who received the information form reported being more likely, as compared to before having received such form— (A) to submit an application to an institution of higher education; (B) to take the SAT or ACT; and (C) to file a Free Application for Federal Student Aid described in section 483. (6) The number of students who received the information form, disaggregated by race, ethnicity, gender, status as an English language learner, status as an economically disadvantaged individual, and status as an individual with a disability, (except that such disaggregation shall not be required in a case in which the results would reveal personally identifiable information about an individual student) who— (A) enrolled in an institution of higher education; (B) applied for Federal student financial aid; and (C) received Federal student financial aid. (7) A description of the impact of the grant program on the children of students who received the information form. (j) Evaluation and dissemination of research on best practices The Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) develop performance measures, taking into account the elements that are included in the State report described in subsection (i), for grantees to ascertain outcomes and progress related to the grant program; (2) evaluate the demonstration program, using both quantitative and qualitative methods, to examine the effectiveness of delivery methods used in disseminating the information form to students; and (3) identify best practices and disseminate research on best practices— (A) to States, State agencies administering a grant under this section, local educational agencies, community colleges, adult education programs, local workforce development boards, and other interested stakeholders; and (B) by making such research publicly available on the website of the Institute of Education Sciences. (k) Implementation (1) In general The Secretary shall— (A) upon completion of the grant period, use the results of the evaluation described in subsection (j) to work with all States to use the results of the evaluation described in subsection (j) to disseminate the information form to the most appropriate agency in each State; and (B) in cooperation with States, institutions of higher education, organizations involved in postsecondary education access and student financial aid, employers, and workforce development boards, make special efforts to provide the information form to individuals who may qualify as independent students, as defined in section 480(d). (2) State agencies Not later than 1 year after receiving the first information form from the Secretary under paragraph (1), each State that receives assistance under this Act shall ensure that the State agency receiving the information form under paragraph (1)(A) distributes the information form to all adult students, to the maximum extent practicable. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the following 2 fiscal years. . 3 Federal supplemental education opportunity grants 407. Authorization of appropriations Section 413A(b)(1) ( 20 U.S.C. 1070b(b)(1) 2009 2015 408. Institutional share of Federal supplemental educational opportunity grants Section 413C(a)(2) ( 20 U.S.C. 1070b–2(a)(2) 75 percent 50 percent 409. Federal supplemental educational opportunity grants allocation of funds Section 413D ( 20 U.S.C. 1070b–3 (1) by striking subsection (a) and inserting the following: (a) Allocation based on previous allocation (1) In General From the amount appropriated pursuant to section 413A(b), for each fiscal year, the Secretary shall allocate to each eligible institution an amount equal to not less than 90 percent and not more than 110 percent of the amount that the eligible institution received under this subsection and subsection (b) (as such subsections were in effect with respect to allocations for such fiscal year) for the previous fiscal year for which that institution received funds under this section. (2) Ratable reduction If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1), then the amount of the allocation to each such institution shall be ratably reduced. (3) No previous allocation In the case of an institution that has not received a previous allocation under this section, the Secretary shall allocate funds under this section solely on the basis of the need determination described under subsection (c). ; and (2) in subsection (c)— (A) in paragraph (2), by striking To determine the need of an institution's eligible undergraduate students, Until such time as the Secretary establishes a revised method to determine the need of an institution's eligible undergraduate students, in accordance with paragraph (5), (B) by adding at the end the following: (5) Not later than 1 year after the date of enactment of the Higher Education Affordability Act, the Secretary shall establish a revised method for determining the need of an institution's eligible undergraduate students, as described in paragraph (2), which shall take into account the number of low- and moderate-income students that an eligible institution serves. The Secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's need under this subsection. . 4 American Dream Grants and LEAP program 415. Purpose; appropriations authorized Section 415A ( 20 U.S.C. 1070c (1) in subsection (a), in the matter preceding paragraph (1) of subsection (a), by inserting to award American dream grants under section 415G and to make (2) in subsection (b)— (A) in paragraph (1), by striking subpart subpart (except for section 415F) such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. (B) by adding at the end the following: (4) Authorization of appropriations for American Dream grants There are authorized to be appropriated to carry out section 415F such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. . 416. American Dream grants Subpart 4 of part A of title IV ( 20 U.S.C. 1070c et seq. (1) by redesignating section 415F as section 415G; and (2) by adding at the end the following: 415F. American dream grants (a) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided, to the applicable State, a list of each secondary school that the student attended in the United States; and (C) (i) has earned a high school diploma or the recognized equivalent of such diploma from a secondary school, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory progress, as defined in section 484(c), in the program of study during such time period; or (iii) has served in the uniformed services, as defined in section 101 (2) Hardship exception The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). (b) Grants to States (1) Reservation for administration From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. (2) Grants authorized to eligible States From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants, through allotments under paragraph (4), to eligible States to enable the eligible States to carry out the activities described in clauses (i) and (ii) of paragraph (3)(A). (3) Eligible State In this section, the term eligible State (A) increases access and affordability to higher education for students by— (i) offering in-State tuition for Dreamer students; or (ii) expanding in-State financial aid to Dreamer students; and (B) submits an application to the Secretary that contains an assurance that— (i) notwithstanding any other provision of law, the State will not discriminate in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student who resides in the State, if the student otherwise qualifies for the assistance or tuition; and (ii) for fiscal year 2015 and each of the 4 succeeding fiscal years, the State will maintain State support for public institutions of higher education located in the State (not including support for capital projects, research and development, or tuition and fees paid by students) at not less than the level of such support for fiscal year 2013, increased by a percentage equal to the estimated percentage increase in the Consumer Price Index (as such term is defined in section 478(f)) between December 2013 and the December preceding the fiscal year for which the determination under this clause is being made. (4) Allotments The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for such fiscal year. (c) Supplement not supplant Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. (d) Applicability The provisions of sections 415B through 415E shall not apply to the program authorized by this section. . 5 Reauthorization of appropriations for other part A programs. 417. Reauthorization of appropriations for other part A programs (a) Special programs for students whose families are engaged in migrant and seasonal farmwork Section 418A(i) ( 20 U.S.C. 1070d–2(i) $75,000,000 such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. (b) Robert C. Byrd Honors Scholarship Program Section 419K ( 20 U.S.C. 1070d–41 2009 2015 (c) Child Care Access Means Parents in School Section 419N(g) ( 20 U.S.C. 1070e(g) 2009 2015 B Federal Family Education Loan program 421. Simplification of income-based repayment options for federally insured student loans (a) Amendment replacing income-Sensitive replacement Section 427(a)(2)(H) ( 20 U.S.C. 1077(a)(2)(H) (1) by striking graduated or income-sensitive repayment schedule graduated repayment schedule or income-based repayment schedule under section 493C (2) by striking in accordance with the regulations of the Secretary in accordance with section 493C and regulations issued by the Secretary (b) Effective date relating to termination of income-Sensitive repayment The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 422. Improvements to military loan deferment; clarification of SCRA protections; simplification of income-based repayment options (a) Amendments Section 428 ( 20 U.S.C. 1078 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (D), by striking may, following a default by the borrower, be subject to income contingent repayment in accordance with subsection (m) may, following a default by the borrower, be subject to income-based repayment in accordance with subsection (m) and section 493C(d) (ii) in subparagraph (E)(i), by striking standard, graduated standard, graduated, income-based, or extended repayment schedule (as described in paragraph (9)), established by the lender in accordance with the regulations of the Secretary (iii) in subparagraph (M)— (I) by redesignating clause (iv) as clause (v); (II) in clause (iii), by striking the borrower— described in subclause (I) or (II); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (III) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or ; and (B) in paragraph (9)(A)(iii), by inserting and an income-sensitive repayment plan shall be available only for borrowers who have selected or been required to use such a plan before the date that is 1 year after the date of enactment of the Higher Education Affordability Act (2) in subsection (d), by striking section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527 the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) (3) by striking subsection (m) and inserting the following: (m) Income-Based repayment (1) Authority of Secretary to require The Secretary may require borrowers who have defaulted on loans made under this part that are assigned to the Secretary under subsection (c)(8) to repay those loans under an income-based repayment plan, under terms and conditions established by the Secretary that are the same, or similar to, the terms and conditions established under such section. (2) Loans for which income-based repayment may be required A loan made under this part may be required to be repaid under this subsection if the note or other evidence of the loan has been assigned to the Secretary pursuant to subsection (c)(8). . (b) Rulemaking regarding termination of income contingent and income-Sensitive repayment plans By not later than 1 year after the date of enactment of this Act, the Secretary of Education shall promulgate a final rule ending all eligibility for income contingent and income-sensitive repayment plans for loans made under part B or D of title IV of the Higher Education Act of 1965 unless the borrowers have selected, and remained continuously enrolled in, such payment plans before the date that is 1 year after the date of enactment of this Act, in accordance with the amendments made by this Act. (c) Effective date regarding income contingent and income-Sensitive repayment plans The amendments made by clauses (i) and (ii) of subparagraph (A), and subparagraph (B), of paragraph (1), and by paragraph (3), of subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 423. Simplification of income-based repayment options for Federal Consolidation Loans (a) Amendments Section 428C of such Act ( 20 U.S.C. 1078–3 (1) by striking subclause (V) of subsection (a)(3)(B)(i) and inserting the following: (V) an individual may obtain a subsequent consolidation loan under section 455(g) only— (aa) for the purposes of obtaining income-based repayment under section 493C, and only if the loan has been submitted to the guaranty agency for default aversion or if the loan is already in default; (bb) for the purposes of using the public service loan forgiveness program under section 455(m); or (cc) for the purpose of using the no accrual of interest for active duty service members benefit offered under section 455(o). ; (2) in subsection (b)— (A) by striking subparagraph (E) of paragraph (1) and inserting the following: (E) that the lender shall— (i) offer an income-based repayment schedule, established by the lender in accordance with section 493C and regulations promulgated by the Secretary, to the borrower of any consolidation loan made by the lender on or after July 1, 1994, and before July 1, 2010; and (ii) only in the case of any borrower who has selected, before the date that is 1 year after the date of enactment of the Higher Education Affordability Act ; and (B) in paragraph (5), by inserting (if such borrower has selected an income contingent repayment schedule before the date that is 1 year after the date of enactment of the Higher Education Affordability Act income contingent repayment under part D of this title (3) in subsection (c)— (A) in the matter preceding clause (i) of paragraph (2)(A), by inserting , except that an income-sensitive repayment schedule shall only be available to borrowers who have selected such schedule before the date that is 1 year after the date of enactment of the Higher Education Affordability Act regulations of the Secretary (B) in paragraph (3)(B), by inserting for borrowers who have selected income contingent repayment before the date that is 1 year after the date of enactment of the Higher Education Affordability Act subsection (b)(5) (b) Effective date for termination of income-Sensitive or income contingent repayment plans The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 424. Reasonable collection costs and rehabilitation payments Section 428F ( 20 U.S.C. 1078–6 (1) in subsection (a)— (A) by striking item (aa) of paragraph (1)(D)(i)(II) and inserting the following: (aa) charge to the borrower an amount that is reasonable and that does not exceed the bona fide collection costs associated with such loan that are actually incurred in collecting the debt against the borrower, which amount shall not exceed 16 percent of the outstanding principal and interest at the time of the loan sale; and ; and (B) by striking paragraph (5); and (2) by adding at the end the following: (d) Determination of reasonable and affordable (1) In general For purposes of this section, a monthly payment shall be reasonable and affordable based upon the borrower's total financial circumstances if the payment is the equivalent of a monthly payment amount determined for a borrower under the income-based repayment plan under section 493C, except that in no cases shall the monthly payment under this section be less than $5. (2) Appeals process The Secretary shall establish a clear and accessible process for appealing the monthly payment amount determined as reasonable and affordable under this section in any case where a borrower believes that the borrower's monthly payment amount is incorrect, or that the amount calculated for the borrower under paragraph (1) is based on incorrect information or is unreasonable based on the borrower's total circumstances. . 425. FFEL loan forgiveness for certain American Indian educators Section 428J(c) ( 20 U.S.C. 1078–10(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school operated or funded by the Bureau of Indian Education; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b . 426. Reauthorization of appropriations for certain loan forgiveness programs (a) Loan forgiveness for service in areas of national needs Section 428K(h) ( 20 U.S.C. 1078–11(h) 2009 2015 (b) Loan repayment for civil legal assistance attorneys Section 428L(i) ( 20 U.S.C. 1078–11(i) $10,000,000 such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. 427. Improvements to credit reporting for Federal student loans Section 430A ( 20 U.S.C. 1080A (1) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (2) by inserting after subsection (c) the following: (d) Treatment of rehabilitation and income-Based repayment and income contingent repayment plans (1) Necessary steps The Secretary and each guaranty agency, eligible lender, and subsequent holder of a loan shall take all necessary steps to ensure that information furnished under this section about a loan covered by Federal loan insurance pursuant to this part or covered by a guaranty agreement pursuant to section 428, or a loan made under part D, is reported in a manner that reflects the unique attributes of a Federal student loan under this title. The necessary steps required shall include— (A) furnishing consumer reporting agencies with information about a loan's delinquency, default, post-default performance, rehabilitation, and post-rehabilitation performance, as applicable, in a manner that ensures the entire loan history is reported as a single open account for the duration of the borrower's financial obligation; (B) reporting a payment as paid as agreed if the payment made— (i) satisfies the terms of the borrower's income-based repayment plan under section 493C or any income contingent repayment plan authorized under section 455(e); or (ii) is a reasonable and affordable payment made by a borrower subject to section 428F that meet the requirements of such section; and (C) for purposes of payments under an income-based repayment plan under section 493C or any income contingent repayment plan authorized under section 455(e), any additional steps that the Secretary determines necessary, through rulemaking or published guidance, based on the results of the study performed under section 1018 of the Higher Education Affordability Act (2) Application to agents and contractors The requirements of paragraph (1) shall apply to any person furnishing information about loan performance on behalf of the Secretary, a guaranty agency, eligible lender, or subsequent holder of a loan, including third party student loan servicers or collectors. . 428. Reduced duplication in student loan servicing Section 432(l)(4) ( 20 U.S.C. 1082(l)(4) simplifying and standardizing simplifying, standardizing, and reducing duplication in 429. Improved determination of cohort default rates; publication of default prevention plan Section 435 (20 U.S.C. 1085) is amended— (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: (E) In any case where the Secretary has determined that the institution has engaged in default manipulation, the Secretary— (i) shall recalculate the cohort default rate for the institution under this section using corrected data and information, for all fiscal years for which the default manipulation has occurred; and (ii) using the recalculated cohort default rate, shall redetermine under subsection (a)(2) whether the institution is ineligible to participate in a program under this title. ; and (B) in paragraph (7)(A), by adding at the end the following: (iii) Summary of default prevention plan Upon receiving technical assistance from the Secretary under clause (ii), each institution subject to this subparagraph shall— (I) prepare a summary of the plan described under clause (i) that is directed to a student audience; (II) make the summary publicly available; and (III) provide the summary to students at the institution. ; and (2) in subsection (m)(3), by striking through the use of through default manipulation. 430. Improved disability determinations (a) In general Section 437(a) ( 20 U.S.C. 1087(a) (1) in the matter preceding subparagraph (A) of paragraph (1), by striking Notwithstanding any other provision of this subsection, Except as provided in paragraph (4), (2) by striking paragraph (2) and inserting the following: (2) Service-connected disability determinations (A) In general A borrower who has been determined by the Secretary of Veterans Affairs or Secretary of Defense to be unemployable due to a service-connected condition and who provides documentation of such determination to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection, and such borrower shall not be required to present additional documentation for purposes of this subsection. (B) Determination by the secretary of veterans affairs or the secretary of defense (i) In general A borrower who has been assigned a disability rating of 100 percent (or a combination of ratings equaling 100 percent or more) by the Secretary of Veterans Affairs or the Secretary of Defense for a service-connected disability (as defined in section 101 (ii) Rating of disability A disability rating described in clause (i), or similar determination of unemployability by the Secretary of Veterans Affairs or the Secretary of Defense, transmitted in accordance with clause (iii) shall be considered sufficient documentation for purposes of this subsection. (iii) Transfer of information Not later than 180 days after the date of enactment of the Higher Education Affordability Act (3) Disability determinations by the Social Security administration A borrower who has been determined by the Social Security Administration to be disabled with medical improvement not expected and who provides documentation of such determination to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection, and such borrower shall not be required to present additional documentation for purposes of this subsection. (4) Reinstatement provisions A borrower of a loan that is discharged under paragraph (2) or (3) shall not be subject to the reinstatement provisions described in paragraph (1). (5) Data collection and report to congress (A) Data collection The Secretary shall annually collect data about borrowers applying for, and borrowers receiving, loan discharges under this subsection, which shall include the following: (i) Data regarding— (I) the number of applications received under this subsection; (II) the number of such applications that were approved; and (III) the number of loan discharges that were completed under this subsection. (ii) A summary of the reasons why the Secretary reinstated the obligation of, and resumed collection on, loans discharged under this subsection. (iii) The data described in subclauses (I) through (III) of clause (i), and clause (ii), for each of the following: (I) Borrowers applying for, and borrowers receiving, loan discharges under paragraph (2)(A). (II) Borrowers applying for, and borrowers receiving, loan discharges under paragraph (2)(B). (III) Borrowers applying for, and borrowers receiving, loan discharges under paragraph (3). (iv) Any other information the Secretary determines is necessary. (B) Report The Secretary shall annually report to Congress, and make publicly available, the information described in subparagraph (A). . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to carry out the activities described under section 437(a)(2)(B)(iii) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a)(2)(B)(iii) (2) Follow-up Report If the Secretary of Education has not carried out the activities described under section 437(a)(2)(B)(iii) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress, by such date, a report that includes an explanation of why those activities have not been implemented. 431. Treatment of borrowers falsely certified as eligible to borrow due to identity theft Section 437(c)(1) ( 20 U.S.C. 1087(c)(1) of a crime C Federal work-Study programs 441. Authorization of appropriations Section 441(b) ( 42 U.S.C. 2751(b) 2009 2015 442. Federal work study allocation of funds Section 442 ( 42 U.S.C. 2752 (1) by striking subsection (a) and inserting the following: (a) Allocation based on previous allocation (1) In General From the amount appropriated pursuant to section 441(b), for each fiscal year, the Secretary shall allocate to each eligible institution an amount equal to not less than 90 percent and not more than 110 percent of the amount that the eligible institution received under this subsection and subsection (b) (as such subsections were in effect with respect to allocations for such fiscal year) for the previous fiscal year for which that institution received funds under this section. (2) Ratable reduction If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1), then the amount of the allocation to each such institution shall be ratably reduced. (3) No previous allocation In the case of an institution that has not received a previous allocation under this section, the Secretary shall allocate funds under this section solely on the basis of the self-help need determination described under subsection (c). ; and (2) in subsection (c)— (A) in paragraph (2), by striking To determine the self-help need of an institution's eligible undergraduate students, Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible undergraduate students, in accordance with paragraph (5), (B) in paragraph (3), by striking To determine the self-help need of an institution's eligible graduate and professional students, Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible graduate and professional students, in accordance with paragraph (5), (C) by adding at the end the following: (5) Not later than 1 year after the date of enactment of the Higher Education Affordability Act, the Secretary shall establish revised methods for determining the self-help need of an institution's eligible undergraduate students, as described in paragraph (2), and eligible graduate and professional students, as described in paragraph (3), which shall take into account the number of low- and moderate-income students that an eligible institution serves. The Secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's self-help need under this subsection. . 443. Institutional share of Federal work study funds Section 443(b)(5) ( 42 U.S.C. 2753(b)(5) 75 percent 50 percent 444. Additional funds to conduct community service work-study programs Section 447(b)(4) ( 42 U.S.C. 2756a(b)(4) 2009 2015 445. Work colleges Section 448(f) ( 42 U.S.C. 2756b(f) 2009 2015 D Federal Direct Loan program 451. Elimination of origination fees and other amendments to terms and conditions of loans (a) Amendments Section 455 ( 20 U.S.C. 1087e (1) by repealing subsection (c); (2) in subsection (d)— (A) in paragraph (1)(D), by inserting or to any borrower who has not selected the income contingent repayment plan before the date that is 1 year after the date of enactment of the Higher Education Affordability Act (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: (A) pay collection costs in an amount that is reasonable and that does not exceed the bona fide collection costs associated with such student loan that are actually incurred in collecting the debt against the borrower; and ; and (ii) in subparagraph (B), by striking income contingent repayment plan income-based repayment plan, as provided in 493C (3) in subsection (e)— (A) in paragraph (1), by striking The Secretary may With respect to borrowers who have selected, or been required to use, an income contingent repayment plan before the date that is 1 year after the date of enactment of the Higher Education Affordability Act (B) in paragraph (3), by inserting before the date that is 1 year after the date of enactment of the Higher Education Affordability Act income contingent repayment (C) by striking paragraph (6); and (D) by redesignating paragraph (7) as paragraph (6); (4) in subsection (f)(2)— (A) in subparagraph (C), by striking the borrower— described in clause (i) or (ii); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) any period not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or ; (5) by striking subsection (h) and inserting the following: (h) Borrower claims and defenses (1) In general Notwithstanding any other provision of State or Federal law, a borrower, regardless of the account status of the borrower's loan, may assert as an affirmative claim or defense against repayment, any act or omission of an institution of higher education attended by the borrower that would give rise to a cause of action against the institution under this Act, other Federal law, or applicable State law, except that in no event may a borrower recover from the Secretary, in any action arising from or relating to a loan made under this part, an amount in excess of the amount such borrower has repaid on such loan. (2) Exercise by Secretary The Secretary may elect to carry out the authority under this subsection on behalf of a group of multiple borrowers if the Secretary determines that the group has been harmed by the same act, omission, or practice. ; (6) in subsection (m)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) Lump sum payment For purposes of this subsection, if a borrower has enrolled in a repayment plan described in paragraph (1)(A) and makes a lump sum payment through a student loan repayment program under section 2171 of title 10, United States Code, or a similarly structured eligible repayment program (as determined by the Secretary), the Secretary will treat the borrower as having made a number of qualifying payments equal to the lesser of— (A) the number, rounded to the nearest whole number, equal to the quotient of— (i) such lump sum payment; divided by (ii) the monthly payment amount that the borrower would have otherwise made under the repayment plan described in paragraph (1)(A) selected by the borrower; or (B) 12 payments. ; and (7) in subsection (o)— (A) by striking paragraph (1) and inserting the following: (1) In general Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), the Secretary shall not charge interest on a loan made to a borrower under this part for which the first disbursement is made on or after October 1, 2008, during the period in which a borrower who is performing eligible military service is serving in an area of hostilities in which service qualifies for special pay under section 310 ; (B) by striking paragraph (3) and inserting the following: (3) Implementation of accrual of interest provision for members of the Armed Forces (A) In general The Secretary of Education shall enter into any necessary agreements, including agreements with the Commissioner of the Internal Revenue Service and the Secretary of Defense— (i) to ensure that interest does not accrue for eligible military borrowers, in accordance with this subsection; and (ii) to obtain or provide any information necessary to implement clause (i) without requiring a request from the borrower. (B) Reports (i) Plan Not later than 90 days after the date of enactment of the Higher Education Affordability Act (ii) Follow-up report If the Secretary has not implemented the accrual of interest provision described in subparagraph (A) by the date that is 1 year after the date of enactment of the Higher Education Affordability Act ; and (C) in paragraph (4), by striking who qualifies as an eligible military borrower under this subsection described in paragraph (1) (b) Effective dates (1) Repeal of loan fees The amendment made by subsection (a)(1) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (2) Terminating income contingent repayment The amendments made by subparagraphs (A) and (B)(ii) of paragraph (2), and paragraph (3), of subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 452. Improved student loan servicing and debt collection practices (a) Amendments Section 456 ( 20 U.S.C. 1087f (c) Limitation on contracts for the servicing of loans (1) In general A contract entered into under this section for the servicing of loans made or purchased under this part shall include— (A) a provision that prohibits the servicer from marketing to a borrower of a loan which the servicer services, a financial product or service while the borrower is enrolled in an institution of higher education; (B) a provision that, after the borrower is no longer enrolled in an institution of higher education, the servicer may only market a financial product or service to the borrower through an opt-in rather than an opt-out system; and (C) a provision that, to the extent practicable, the servicer shall clearly disclose in any written material or correspondence sent or made available to the borrower (including correspondence and disclosures on the website of the servicer) that the material or correspondence is in relation to a Department of Education loan. (2) No predispute arbitration clauses A contract entered into under this section for the servicing of loans made or purchased under this part shall include a provision that any rights and remedies available to borrowers against the servicer may not be waived by any agreement, policy, or form, including by a predispute arbitration agreement. (d) Study of direct loan debt collection (1) In general The Secretary shall conduct a study to determine whether it is efficient and effective to contract with private entities under this section for the collection of loans made or purchased under this part that are in default. (2) Evaluation method For purposes of the study described in paragraph (1), the Secretary shall evaluate efficiency and effectiveness in terms of— (A) the cost incurred by the Federal Government for the collections of defaulted loans under this part through contracts under this section, and such cost in comparison with the costs of other methods by which debt owed to the Federal Government are collected or recovered, including the collection of any unpaid Federal income taxes; (B) the consumer protections provided to the borrower who has defaulted on a loan under this part through the collections process; (C) the impact of the collections process for defaulted loans under this part on the integrity of the loan program carried out under this part; and (D) borrower experience, as determined through borrower surveys. (3) Recovery costs (A) In general As part of the study conducted under this subsection, the Secretary shall calculate the average recovery cost, per dollar recovered, through the collection of defaulted loans made under this part, in the aggregate for all borrowers of defaulted loans and disaggregated for the following categories of borrowers of defaulted loans: (i) Veterans with a service-connected disability (as defined in section 101 (ii) Individuals who are entitled to benefits under section 223 of the Social Security Act (42 U.S.C. 423). (iii) Individuals who are allowed an earned income tax credit pursuant to section 32 of the Internal Revenue Code of 1986. (iv) Recipients of assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (B) Consultation The Secretary shall consult with the Secretary of the Treasury, the Administrator of the Social Security Administration, the Secretary of Veterans Affairs, and the Secretary of Agriculture, as appropriate, in order to identify individuals in the categories described in clauses (i) through (iv) of subparagraph (A) and to calculate the average recovery cost per dollar recovered for each category of borrowers. (4) Additional information regarding costs The Secretary may directly carry out collection activities for a subset of defaulted loans under this part, instead of awarding contracts under subsection (b)(2) for such activities, if the Secretary determines it would better inform the study required under paragraph (1). (5) Report By not later than the date that is 1 year after the date of enactment of the Higher Education Affordability Act (e) Certification necessary for continued private debt collections (1) Certification Not later than 1 year after the date of enactment of the Higher Education Affordability Act (A) a certification that the Secretary has determined, based on the results of the study conducted under subsection (d), that— (i) the use of private entities for the collection of defaulted loans made or purchased under this part is necessary to maintain the integrity of the loan program carried out under this part; (ii) the collection costs paid to such private entities under the contracts authorized by this section, in the aggregate and for each category of borrowers described in subsection (d)(3)(A), are reasonable; and (iii) expending funds for such collection costs is in the best financial interest of the United States; or (B) a notification that the Secretary will not issue the certification described in subparagraph (A). (2) Prohibition of contracts for private debt collections without certification Notwithstanding subsection (b)(2), beginning on the date that is 1 year after the date of enactment of the Higher Education Affordability Act (f) Termination of contracts (1) Termination The Secretary shall terminate any contract with an entity for the collection of defaulted loans made or purchased under this part if the entity, an affiliate of that entity, or a service provider of the entity is found to have committed a violation of— (A) the prohibition on unfair, deceptive, or abusive acts or practices under section 1031 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5531 (B) the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. (2) Prohibition on additional contracts If the Secretary terminates a contract with an entity under paragraph (1), such entity— (A) shall not be eligible to participate in the next award cycle for contracts relating to the collection of defaulted loans made or purchased under this part that follows the date of termination of the contract; and (B) shall not be eligible to receive any new contract relating to the collection of such defaulted loans during the 2-year period beginning on the date of termination. (3) Identification of other violations (A) In general In any case where the Secretary obtains evidence that any person or entity has engaged in debt collection practices described in paragraph (1) that may constitute a violation of Federal law, the Secretary shall transmit such evidence to the Director of the Bureau of Consumer Financial Protection for further proceedings under the appropriate law. (B) Rule of construction Nothing in this paragraph shall be construed to affect any other authority provided to the Secretary to disclose information to a Federal agency. . (b) Study and report on specialty servicing contracts (1) In general The Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, shall— (A) conduct a study as to whether specialty servicing contracts in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) could better serve varying segments of student loan borrowers, and, in particular, the unique needs of borrowers in delinquency or experiencing partial financial hardship and the allocation of servicer resources to assist such borrower segment; and (B) not later than 180 days after the date of enactment of this Act, submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Education and the Workforce and the Committee on Financial Services of the House of Representatives, on the study described in subparagraph (A). (2) Specialty servicing contract In this subsection, the term specialty servicing contract (A) entered into pursuant to section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f 20 U.S.C. 1087a et seq. (B) that may be compensated at a greater level for such services, as determined appropriate by the Secretary of Education. (c) Report on servicer compensation (1) In general The Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, shall conduct a report— (A) on the compensation and incentive structure for servicers of loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and whether servicers adequately encourage repayment, as well as the use of alternative repayment options and discharge where appropriate; and (B) that includes an analysis of the criteria utilized by the Department of Education in determining performance-based allocation of account volume in entering into contracts for servicing of loans made or purchased under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (2) Comments from the public In conducting the report under paragraph (1), the Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, shall seek and take comments from the public. (3) Procedures to implement recommendations If the report conducted under paragraph (1) includes recommendations on measures to improve the incentive structure, the report shall also include the procedures to implement such recommendations. (4) Publication The report conducted under paragraph (1) shall be published not later than 180 days after the date of enactment of this Act. (d) Report and plan on FFEL servicing (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, shall publish a report that identifies whether the public has adequate visibility into the market of loan servicing under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) to adequately assess the performance of such servicing under such part, including— (A) the utilization of alternative repayment plans; (B) the distribution of delinquent and defaulted loan balances; and (C) loan performance by institution type. (2) Plan If the Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, determines that the public does not have enough visibility into the market of loan servicing, as described in paragraph (1), the Secretary of Education, in consultation with the Director of the Bureau of Consumer Financial Protection and the Secretary of the Treasury, shall establish a plan to disclose such information necessary to provide for such visibility. (e) Report on servicing challenges The Secretary of Education shall periodically issue a report, at times determined appropriate by the Secretary, about the challenges borrowers face in the servicing of their student loans, impediments to the efficient and effective servicing of loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and any changes, including protections for consumers, that should be considered to improve postsecondary education loan servicing for all borrowers, servicers, taxpayers, and the Department of Education. 453. Funds for administrative expenses Section 458(a) ( 20 U.S.C. 1087h(a) (1) in paragraph (3)— (A) in the paragraph heading, by striking 2007 through 2014 2015 through 2020 (B) by striking 2007 through 2014 2015 through 2020 (2) in paragraph (4), by striking 2007 through 2014 2015 through 2020 (3) in paragraph (5), by striking paragraph (3) paragraph (4) 454. Federal Direct Loan forgiveness for certain American Indian educators Section 460(c) ( 20 U.S.C. 1087j(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school operated or funded by the Bureau of Indian Education; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b . E Federal Perkins Loans 461. Appropriations authorized Section 461(b) ( 20 U.S.C. 1087aa (1) in paragraph (1), by striking $300,000,000 such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. (2) in paragraph (2), by striking 2015 2021 462. Perkins allocation of funds Section 462 ( 20 U.S.C. 1087bb (1) by striking subsection (a) and inserting the following: (a) Allocation based on previous allocation (1) In General From the amount appropriated pursuant to section 461(b), for each fiscal year, the Secretary shall allocate to each eligible institution an amount equal to not less than 90 percent and not more than 110 percent of the amount that the eligible institution received under this subsection and subsection (b) (as such subsections were in effect with respect to allocations for such fiscal year) for the previous fiscal year for which that institution received funds under this section. (2) Ratable reduction If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1), then the amount of the allocation to each such institution shall be ratably reduced. (3) No previous allocation In the case of an institution that has not received a previous allocation under this section, the Secretary shall allocate funds under this section solely on the basis of the self-help need determination described under subsection (c). ; and (2) in subsection (c)— (A) in paragraph (2), by striking To determine the self-help need of an institution's eligible undergraduate students, Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible undergraduate students, in accordance with paragraph (5), (B) in paragraph (3), by striking To determine the self-help need of an institution's eligible graduate and professional students, Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible graduate and professional students, in accordance with paragraph (5), (C) by adding at the end the following: (5) Not later than 1 year after the date of enactment of the Higher Education Affordability Act . 463. Institutional contributions for Perkins Section 463(a)(2)(B) ( 20 U.S.C. 1087cc(a)(2)(B) one-third of the Federal capital contributions 50 percent of the Federal capital contributions 464. Simplification of military deferment eligibility Section 464(c)(2)(A) ( 20 U.S.C. 1087dd(c)(2)(A) (1) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (2) in clause (iii), by striking the borrower— described in subclause (I) or (II); during which the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (3) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . 465. Forgiveness of loans for eligible military service Section 465(a)(2)(D) ( 20 U.S.C. 1087ee(a)(2)(D) qualifies for special pay under section 310 is eligible military service 466. Distribution of assets from student loan funds Section 466(b) ( 20 U.S.C. 1087ff(b) October 1, 2012 October 1, 2021 F Need analysis 471. Increased income protection allowance for dependent students (a) Amendment Section 475(g)(2)(D) (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) Effective date The amendment made by subsection (a) shall take effect on July 1, 2015. 472. Increased income protection allowance for independent students without dependents other than a spouse (a) Amendment Section 476(b)(1)(A)(iv) ( 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; . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2015. 473. Increased income protection allowance for independent students with dependents other than a spouse (a) Amendment 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 . (b) Effective date The amendment made by this section shall take effect on July 1, 2015. 474. Updated tables and amounts for income protection allowance (a) Amendments 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. (b) Effective date The amendments made by subsection (a) shall take effect on July 1, 2015. 475. Prior prior year; definition of independent student Section 480 ( 20 U.S.C. 1087 (1) by striking subparagraph (B) of subsection (a)(1) and inserting the following: (B) Notwithstanding section 478(a) and beginning not later than 180 days after the date of enactment of the Higher Education Affordability Act ; (2) in subsection (d)— (A) in paragraph (1)(H)— (i) in the matter preceding clause (i), by striking during the school year in which the application is submitted as either an unaccompanied youth as either an unaccompanied youth age 23 or younger who is (ii) in clause (i), by inserting , or a designee of the liaison Act (iii) in clause (ii), by striking a program funded under the Runaway and Homeless Youth Act an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth, (B) by adding at the end the following: (3) Simplifying the determination process for unaccompanied youth (A) Verification A financial aid administrator is not required to verify homelessness determinations made by the individuals authorized to make such determinations under clause (i), (ii), or (iii) of paragraph (1)(H) in the absence of conflicting information. A documented phone call with, or a written statement from, one of the authorized individuals is sufficient verification when needed. (B) Determination of independence A financial aid administrator shall conduct the verification under paragraph (1)(H) if a student does not have, and cannot get, documentation from any of the individuals authorized to make such determinations under clause (i), (ii), or (iii) of paragraph (1)(H). The financial aid administrator shall make the determination of independence based on the determination of a student as an unaccompanied youth who is a homeless child or youth (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act), or as unaccompanied, at risk of homelessness, and self-supporting, which— (i) shall be distinct from a determination of independence described under paragraph (1)(I); and (ii) may be based on a documented interview with the student if there is no written documentation available. (C) Duration of determination A student shall receive a determination under paragraph (1)(H) during the school year in which the student initially submits the application. If a student is determined to be independent under paragraph (1)(H), the student shall be presumed to be independent in subsequent years unless— (i) the student informs the financial aid office that circumstances have changed; or (ii) the financial aid administrator has specific conflicting information about the student's independence. ; and (3) by striking paragraph (5) of subsection (e) and inserting the following: (5) payments made and services provided under part E of title IV of the Social Security Act, including the value of vouchers for education and training made available under section 477 of such Act, and any payments made directly to youth as part of an extended foster care program pursuant to such part E; and . G General provisions 481. Definitions Section 481 ( 20 U.S.C. 1088 (1) by striking subsection (d); (2) in the subsection heading of subsection (f), by striking Definition of (3) by redesignating subsections (b), (c), (e), and (f) as subsections (f), (m), (c), and (d), respectively, and transferring such subsections to be in alphabetical order based on subsection designation; (4) by inserting after subsection (a) the following: (b) Commission, bonus, or other incentive payment For purposes of this title, the term commission, bonus, or other incentive payment ; (5) by inserting after subsection (d), as redesignated and transferred by paragraph (3), the following: (e) Eligible military service (1) In General The term eligible military service (A) in the case of a member of a regular component of the Armed Forces, means full-time duty in the Armed Forces, other than active duty for training (as defined in section 101 of title 38, United States Code) of 30 days or less; (B) in the case of a member of the reserve components of the Armed Forces, means service on active duty under a call or order to active duty under— (i) section 688, 12302, 12304, or 12322 of title 10, United States Code; (ii) subsection (a), (d), or (g) of section 12301 of title 10, United States Code; or (iii) section 712 (C) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, means, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under section 502(f) (D) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service. (2) Exclusions The term eligible military service (A) was assigned full-time by the Armed Forces to a civilian institution for a course of education that was substantially the same as established courses offered to civilians; (B) serves as a cadet or midshipman at one of the military service academies of the United States; or (C) serves under the provisions of section 12103(d) ; (6) by inserting after subsection (f), as redesignated and transferred by paragraph (3), the following: (g) Institution affiliate For purposes of this title, the term institution affiliate (h) Military orders For purposes of this title, the term military orders (i) Revenue-Sharing arrangement For purposes of this title, the term revenue-sharing arrangement (1) the third party provides, exclusively or nonexclusively, educational products or services to prospective students or students attending the institution of higher education; and (2) the third party or institution of higher education pays a fee or provides other material benefits, including revenue- or profit-sharing, to the institution of higher education or third party in connection with the educational products or services provided to prospective students or students attending the institution of higher education. (j) Securing enrollments or securing or awarding financial aid (1) In general For purposes of this title, the term securing enrollments or securing or awarding financial aid (A) means any activity carried out by a person or entity for the purpose of the admission or matriculation of a student to an institution of higher education or the award of financial aid to a student that occurs at any time until the student has completed the student's educational program at an institution; (B) includes contact in any form with a prospective student, such as contact through preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the institution, attendance at such an appointment, or involvement in a prospective student's signing of an enrollment agreement or financial aid application; and (C) does not include making a payment to a third party for the provision of student contact information for prospective students, as long as such payment is not based on— (i) any additional conduct or action by the third party or any prospective student, such as participation in preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the institution or attendance at such an appointment, or the signing, or being involved in the signing, of a prospective student's enrollment agreement or financial aid application; or (ii) the number of students (calculated at any point in time of an educational program) who apply for enrollment, are awarded financial aid, or are enrolled for any period of time, including through completion of an educational program. (k) Service provider For purposes of this title, the term service provider (1) securing enrollments or securing or awarding financial aid; (2) student performance in educational coursework; (3) student graduation; (4) job placement of students; or (5) any other academic facet of a student’s enrollment in an institution of higher education. (l) Student default risk For purposes of this title, the term student default risk . 482. Standard notification format for delinquent borrowers; explanation of benefits of Federal loans Part G of title IV ( 20 U.S.C. 1088 et seq. 483A. Standard notification format for delinquent borrowers; explanation of benefits of Federal loans (a) Standard notification format for delinquent borrowers (1) In general The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection, shall develop and submit for consumer testing in accordance with section 483C, a standard format to be used to notify, by writing and by telephone, any borrower who is delinquent, or at risk of becoming delinquent, on loans made, insured, or guaranteed under part B or D of the borrower's repayment options, including deferment, forbearance, the income-based repayment plan available under section 493C, loan forgiveness opportunities, and, if applicable, the possibility for loan discharge. (2) Contents To the extent practicable, the information provided through the standard format to borrowers described in paragraph (1) shall include all terms, conditions, fees, and costs associated with the available repayment plans in a format that allows the borrower to compare the borrower's current repayment plan with the alternatives. (b) Explanation of the benefits of Federal loans The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection, shall prepare and make available to eligible institutions, for disclosure in accordance with section 485(l)(2)(L)(ii), a written explanation of the benefits that are unique to Federal student loans (including repayment plans, loan forgiveness, and loan deferment) and a description of the loan terms that borrowers should examine carefully if considering a private education loan. . 483. Institutional financial aid award letter (a) In general Part G of title IV ( 20 U.S.C. 1088 et seq. 483B. Institutional financial aid award letters (a) Standard format The Secretary, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid award letters based on recommendations from representatives of students, students’ families, institutions of higher education, secondary school and postsecondary education counselors, and nonprofit consumer groups. (b) Key required contents for financial aid award letters The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid award letter in either electronic or written format: (1) Information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid award letter, including the following expenses (as determined under section 472): (A) Tuition and fees. (B) Room and board costs. (C) Books and supplies. (D) Transportation. (E) Miscellaneous personal expenses. (2) (A) The amount of financial aid that the student would not have to repay, such as scholarships, grant aid offered under this title, or grant aid offered by the institution, a State, or an outside source to the student for such academic period; (B) a disclosure that such financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution; and (C) in the case of any institution that has a policy or practice of front-loading grant aid, a disclosure of that practice and that the student may receive less grant aid in future academic terms. (3) The net price that the student, or the student's family on behalf of the student, will have to pay for the student to attend the institution for such academic period, equal to the difference between— (A) the cost of attendance as described in paragraph (1) for the student for such academic period; and (B) the amount of financial aid described in paragraph (2) that is included in the financial aid award letter. (4) The amount of work study assistance, including such assistance available under part C, the likelihood of finding employment opportunities on campus, and a disclosure that the aid must be earned by the student and the assistance offered is subject to the availability of employment opportunities. (5) The types and amounts of loans under part D or E that the institution recommends for the student for such academic period, including— (A) a disclosure that such loans have to be repaid; (B) a disclosure that the student can borrow a lesser amount than the recommended loan amount; (C) a clear use of the word loan (D) personalized information showing estimates of the borrower’s anticipated monthly payments and the difference in total interest paid and total payments under each plan; (E) a disclosure that Federal loans cannot be discharged in bankruptcy except in cases of extreme or undue hardship; and (F) a disclosure that the student may be eligible for longer repayment terms, such as extended or income-based repayment plans, and that longer repayment terms may result in the student paying more money over the life of the loans. (6) Where a student or the student’s family can seek additional information regarding the financial aid offered, including contact information for the institution’s financial aid office and the Department's website on financial aid. (7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary, in consultation with the heads of relevant Federal agencies of— (A) the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment; and (B) the loan terms and conditions to examine carefully, if considering a private education loan. (8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid award letter. (9) The academic period covered by the financial aid award letter and a clear indication whether the aid offered is based on full-time or part-time enrollment. (10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution’s most recent cohort default rate, as defined in section 435(m), compared to the most recent national average cohort default rate. (11) Any other information the Secretary, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution. (c) Other required contents for the financial aid award letter The standard format for a financial aid award letter developed under subsection (a) shall also include the following information, in a concise format determined by the Secretary, in consultation with the heads of relevant Federal agencies: (1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information. (2) At the institution’s discretion, additional options for paying for the net price amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student’s family, Federal Direct PLUS Loans, or private education loans. If the institution recommends private education loans, the financial aid award letter shall contain the additional following general disclosures: (A) The availability of, and the student’s potential eligibility for, additional Federal financial assistance under this title. (B) The impact of a proposed private education loan on the student’s potential eligibility for other financial assistance, including Federal financial assistance under this title. (C) The student’s ability to select a private educational lender of the student’s choice. (D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a student’s application and a student’s 3-day right-to-cancel period. (E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans for the student's parents regardless of family income, and of the student’s increased eligibility for Federal student loans under this title if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. (3) The following disclosures: (A) That the financial aid award letter only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. (B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. (C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. (d) Additional requirements for financial aid award letter In addition to the requirements listed under subsections (b) and (c), the financial aid award letter shall meet the following requirements: (1) Clearly distinguish between the aid offered under paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. (2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Higher Education Affordability Act (3) If an institution’s recommended Federal student loan aid offered under subsection (b)(5) is less than the maximum amount of Federal assistance available to the student under parts D and E, provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. (4) Use standard formatting and design to ensure— (A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid award letter whether produced in written or electronic format; and (B) that the other information required in subsections (b) and (c) appears in a standard format and design on the financial aid award letter. (5) Include an attestation that the student has accessed and read the financial aid award letter, if provided to the student in electronic format. (6) Include language developed by the Secretary, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: (A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (C) Section 1784a, 2005, or 2007 of title 10, United States Code. (e) Additional information Nothing in this section shall preclude an institution from supplementing the financial aid award letter with additional information as long as such additional information supplements the financial aid award letter and is not located on the financial aid award letter, except as provided in subsection (c)(2). (f) Consumer testing The financial aid award letter under this section shall undergo consumer testing in accordance with section 483C. The Secretary, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, shall develop multiple designs and formatting, subject to the requirements of subsection (d)(4), of the financial aid award letter to be used for consumer testing not later than 6 months after the date of enactment of the Higher Education Affordability Act . (b) Conforming amendment Section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 483A. Consumer testing Part G of title IV ( 20 U.S.C. 1088 et seq. 483C. Consumer testing (a) Establishment of consumer testing process Not later than 6 months after the date of enactment of the Higher Education Affordability Act (1) The universal net price calculator established under section 132(h)(7). (2) The College Scorecard established under section 133. (3) The initial model form of postsecondary education information required under section 405A(g) for the initial consumer testing, and the postsecondary education information form under section 405A(h) for all subsequent consumer testing. (4) The initial model form of postsecondary education information required under section 405B(g) for the initial consumer testing, and the postsecondary education information form under section 405B(h) for all subsequent consumer testing. (5) The master promissory note. (6) The standard notification format for borrowers who are delinquent or at risk of being delinquent under section 483A. (7) The institutional financial aid award letter required under section 483B. (8) The methodology for comparing institutions based on the speed-based repayment rate under section 483D(c)(4)(A). (9) Online entrance, exit, and interim loan counseling tools, including the Department of Education's Financial Awareness Counseling Tool and other online tools that may be used, and any disclosures that may be provided, during the counseling that is required under subsections (b), (l), and (n) of section 485. (10) The personalized periodic statement required for borrowers who are automatically enrolled into an income-based repayment plan under section 493C(d)(1)(D). (11) Any consent form or any online tool required for consent of borrowers with $0 payment under paragraph (1)(C)(ii)(II) or (3)(B) of section 493C(d). (b) Participants in Consumer Testing The consumer testing process for a product described in subsection (a) shall include, as the Secretary determines necessary for the product— (1) representatives of students (including low-income students, first generation college students, students underrepresented in higher education (including students from ethnic and racial minorities), adult students, and prospective students); (2) students’ families (including low-income families, families with first generation college students, families with students who are underrepresented in higher education (including students from ethnic and racial minorities), and families with prospective students); (3) representatives of institutions of higher education, including faculty; (4) secondary school and postsecondary education counselors; (5) postsecondary financial aid officers; and (6) nonprofit consumer groups. (c) Use of consumer testing results The Secretary shall use the results of the consumer testing in the final development of each product described in subsection (a), and may modify the definitions, terms, formatting, and design of any product tested under this section based on the results of the consumer testing before finalizing the product. (d) Report to Congress Not later than 3 months after the date any consumer testing under this section concludes, the Secretary shall submit to the authorizing committees a report that contains the results of such consumer testing. . 483B. Loan repayment rate and speed-based repayment rate Part G of title IV ( 20 U.S.C. 1088 et seq. 483D. Loan repayment rate and speed-based repayment rate (a) Definitions In this section: (1) Amount paid The term amount paid (2) Cohort loan The term cohort loan (3) Covered Federal student loan The term covered Federal student loan (A) a loan made, insured, or guaranteed under part B or D that is issued to a student borrower; or (B) the portion of a loan made under section 428C or a Federal Direct Consolidation Loan that is used to repay a loan described in subparagraph (A). (4) Current loan balance The term current loan balance (5) Original outstanding balance The term original outstanding balance (6) Payments-made loan The term payments-made loan (A) payments made by a borrower during the most recently completed fiscal year reduce the outstanding balance of the loan (which, in the case of a loan described in paragraph (3)(B), shall be deemed to mean reducing the outstanding balance of the entire consolidation loan) to an amount that is less than the outstanding balance of the loan at the beginning of that fiscal year; or (B) the borrower of the loan is in the process of qualifying for public service loan forgiveness under section 455(m) and submits an employment certification to the Secretary that demonstrates the borrower is engaged in a public service job and the borrower made qualifying payments, as determined under such section, on the loan during the most recently completed fiscal year. (b) Loan repayment rate (1) Method of calculation Each fiscal year, the Secretary shall determine the loan repayment rate for each institution of higher education that is participating in a program under this title or seeking to regain eligibility to participate in a program under this title by using the loan cohort identified under paragraph (2) to calculate the loan repayment rate, in accordance with paragraph (3). (2) Determination of loan cohort (A) In general For purposes of calculating the loan repayment rate for a fiscal year under this subsection, the 2-year loan repayment cohort for an institution of higher education shall consist of all covered Federal student loans of the institution that are in their third year of repayment or in their fourth year of repayment, except as provided in subparagraph (B). (B) Special rules and exclusions (i) Special rule for medical and dental students Notwithstanding subparagraph (A), a covered Federal student loan for any borrower who is a professional or graduate student enrolled in a program of study that requires a medical internship or residency shall be included in the loan cohort when the loan is in its sixth and seventh years of repayment. (ii) Exclusions The Secretary shall exclude from a loan cohort for a fiscal year any covered Federal student loan that would otherwise qualify, if the loan— (I) was discharged under subsection (a)(1) or (d) of section 437 as a result of the death of the borrower; or (II) was assigned or transferred to the Secretary and is being considered for discharge as a result of the total and permanent disability of the borrower, or was discharged by the Secretary on that basis, under section 437(a). (iii) Treatment of deferments and forbearance (I) In general The Secretary shall treat any period during which a covered Federal student loan is in deferment or forbearance under this title as a period of repayment for purposes of this subsection, except as provided in subclause (II). (II) Exception for in-school deferment The Secretary shall not include any period during which payments on a covered Federal student loan are deferred under section 428(b)(1)(M)(i), 428B(d)(1)(A)(i), or 455(f)(2)(A) in determining the borrower's period of repayment for purposes of paragraph (1), subject to subclause (III). (III) No exception for certain short term programs of study Subclause (II) shall not apply in any case where a deferral described in such subclause is due to a borrower's enrollment, after completion of the program for which the loan was made, in a program of study of less than 6 months in duration. (iv) Treatment of consolidation loans For each covered Federal student loan that is a loan described in subsection (a)(3)(B), the Secretary shall— (I) determine the original outstanding balance for each original covered Federal student loan that comprises the consolidation loan; (II) determine the date that the repayment period began, in accordance with this subparagraph, for each such original loan; (III) include, in determining the duration of the repayment period under this paragraph for the underlying loan, the period during which the original loan was in repayment and the period during which the consolidation loan was in repayment; and (IV) include the amount determined under subclause (I) for each underlying loan in the calculations under this paragraph for the appropriate fiscal year based on the repayment period for the underlying loan. (3) Formula for loan repayment rate (A) In general For purposes of this section, the loan repayment rate for an institution for a fiscal year shall be equal to the proportion that— (i) the sum of— (I) the total original outstanding balance of all covered Federal student loans in the loan cohort of the institution for such fiscal year that are paid in full in accordance with subparagraph (B); and (II) the total original outstanding balance of all payments-made loans in the loan cohort for such year; bears to (ii) the total original outstanding balance of all loans in the loan cohort for such year. (B) Loans Paid in Full (i) In General For purposes of paragraph (1)(A), a loan paid in full is a covered Federal student loan in the loan cohort that— (I) has never been in default (or in the case of a loan described in subsection (a)(3)(B), neither the consolidation loan nor any original loan comprising the consolidation loan has ever been in default); and (II) has been paid in full by a borrower. (ii) Consolidation loans and refinancing A covered Federal student loan described in subsection (a)(3)(B) or consolidated under another refinancing process provided for under this Act, is not counted as a loan paid in full for purposes of this subparagraph until the consolidation loan or other financial instrument is paid in full by the borrower. (4) Publication The Secretary shall make the loan repayment rate for each institution of higher education participating in a program under this title or seeking to regain eligibility to participate in a program under this title publicly available on the College Navigator website of the Department, or any successor website, and the website for the National Center for Education Statistics. (c) Speed-Based repayment rate (1) Purpose The purpose of the speed-based repayment rate under this subsection is to provide an estimate of— (A) the annual rate at which student borrowers at an institution of higher education are repaying their loans under part B and D; and (B) the total expected time it takes student borrowers to repay their loans. (2) In general In order to provide additional information regarding loan repayment, the Secretary shall, for each fiscal year— (A) determine the speed-based repayment rate for each institution of higher education that is participating in a program under this title or seeking to regain eligibility to participate in a program under this title; (B) determine the information required for the comparison methodology established by the Secretary under paragraph (4); and (C) publish the most recently available speed-based repayment rate and the comparison information under paragraph (4) for each such institution on the College Scorecard, in accordance with section 133(d)(3), and on the College Affordability and Transparency Center website, or any successor website, of the Department. (3) Determination of speed-based repayment rate In order to provide additional information regarding loan repayment and determine the speed-based repayment rate required under paragraph (2)(A) for an institution of higher education, the Secretary shall, for each fiscal year— (A) determine the percentage paid of the total original outstanding balance of all cohort loans of the institution for the fiscal year (including, for purposes of calculating the speed-based repayment rate only, all loans that would be cohort loans for such fiscal year if the loans were not in delinquency, forbearance, deferment, or default) for which the determination is being made, by dividing— (i) the amount paid of all such cohort loans of the institution for such year; by (ii) the total original outstanding balance of all such cohort loans of the institution for such year; and (B) divide such percentage by the average number of years in repayment for the cohort loans of the institution, rounded to the nearest month and weighted based on the dollar amount of the current loan balance of each cohort loan. (4) Comparison methodology for disclosure purposes (A) In general The Secretary shall establish a methodology for comparing similar institutions of higher education based on the speed-based repayment rate. The methodology shall— (i) use clear and understandable terms, such as quickly slowly (ii) include a projection of the expected time for the average borrower in the loan cohort described in paragraph (3)(A) of each institution to complete repayment at each institution, based on the speed-based repayment rate; (iii) include a comparison of each institution's expected time of repayment under clause (ii) with the expected times of repayment for similar institutions; (iv) not disaggregate the comparisons based on status as a public, private nonprofit, or proprietary institution of higher education; (v) distinguish the overall speed-based repayment rate of an institution from the speed-based repayment rate of all professional degree programs of the institution; and (vi) calculate a separate speed-based repayment rate for each program at an institution that is subject to gainful employment regulations under section 668.7 (B) Consumer testing The Secretary shall submit the methodology described in subparagraph (A) for consumer testing in accordance with section 483C. (5) Guidance and regulations The Secretary may issue guidance and promulgate rules for the purposes of determining the speed-based repayment rate. (6) Authority to adjust formula Notwithstanding any other provision of this section, the Secretary may adjust the formula for calculating the speed-based repayment rate under paragraphs (2) and (3) to provide a more informative and accurate measure of the speed of repayment. (d) Publication of student default risk Each year, the Secretary shall publish the student default risk for each institution for the most recent fiscal year on the website of the National Center for Education Statistics. . 483C. One-time FAFSA pilot program Part G of title IV ( 20 U.S.C. 1088 et seq. 483E. One-time FAFSA pilot program (a) Purposes The purposes of this section are— (1) to streamline the annual process by which students apply for Federal financial assistance; and (2) to reduce the need for students to apply for such assistance each year. (b) Pilot program authorized The Secretary is authorized to establish a pilot program and select 5 eligible States— (1) in which a student who attends an institution of higher education in the eligible State may submit a single Free Application for Federal Student Aid described in section 483 and as modified under subsection (d) (referred to in this section as the FAFSA) (2) that shall receive a grant in accordance with subsection (e). (c) Eligible States The Secretary shall select 5 eligible States that are determined by the Secretary to have a strong record of increasing college access and affordability, especially for low-income students, to participate in the pilot program described in subsection (b). The selection of eligible States shall be based on the extent to which the State has— (1) invested, and continues to invest, significantly in public higher education, resulting in a comparatively lower net price for low-income students; (2) allocated State financial aid primarily on the basis of need; and (3) agreed, as a condition of the State's application for the pilot program under this section, to provide all in-State students (as determined by the State) with an offer for State financial aid that— (A) is valid for not less than 2 years and not more than 4 years, as determined by the State; and (B) shall be subject to change only upon certain conditions, such as significant changes in a student's financial circumstances. (d) Single FAFSA submission The Secretary shall implement, in consultation with the 5 selected eligible States, a pilot program to streamline the process of application to determine the need and eligibility of a student for financial assistance under this title that incorporates the following: (1) An option for students that are enrolled in an institution of higher education in a selected eligible State to submit a single FAFSA at the beginning of the student's postsecondary degree program and receive a determination of financial assistance under this title that shall, on a contingent basis, be valid for not less than 2 years and not more than four years, as determined by the State. (2) The determination of financial assistance under paragraph (1) shall be made in accordance with part F, except that relevant calculations shall be made using a multi-year average, of two or three years, from the most recent tax years for which data are available. A student may use previously submitted student and parent taxpayer data to prepopulate the electronic version of the FAFSA, as described in section 483(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(f) (3) As a condition of the continued receipt of financial assistance under this section, the Secretary may require a student who submits the single FAFSA to respond to a short number of questions (which may be determined by the Secretary), on an annual basis, to determine if there is a change in the financial status of the student (such as whether the student or the student's parent has experienced a substantial increase in annual income) in order to ensure that the student continues to receive the appropriate amount of financial assistance under this title. (4) Notwithstanding paragraph (1), a requirement that students who experience significant changes in their financial circumstances, as determined by the Secretary, will be required to resubmit the FAFSA in order to receive a new determination of financial assistance under this title. (5) An income verification process— (A) which the Secretary, through the establishment of a memorandum of understanding with the Secretary of the Treasury, will develop to share the income tax data of a random sample of students who have received Federal assistance under this title, including Federal Pell Grants under section 401 and loans made under part D; (B) to ensure that students who have not resubmitted a FAFSA in accordance with paragraph (4) did not have a significant change in financial circumstances that would have required them to do so; (C) that shall be carried out in a way so as to ensure that no personally identifiable information is made public through the income verification process; and (D) that will be carried out only with the consent of students, whose consent will be requested as part of the annual response required under paragraph (3). (6) An option for students to request professional judgment or resubmit their FAFSA each year, to receive a new determination of eligibility for financial assistance under this title. (e) Grant amount Selected eligible States that receive a grant under this section shall use grant funds to increase public awareness of, and promote the use of, the single FAFSA that may be submitted under the pilot program to be used for application to determine the need and eligibility of the student for financial assistance under this title during the official length of the student's proposed postsecondary degree program. (f) Supplement not supplant The grants provided under this section shall be used to supplement, and not supplant, State funds that are used to improve college access and affordability. (g) Evaluation Not later than 3 years after the date of enactment of the Higher Education Affordability Act . 484. Ability to benefit (a) In general Subsection (d) of section 484 ( 20 U.S.C. 1091 (d) Students who are not high school graduates (1) Student eligibility In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this title, the student shall meet the requirements of one of the following subparagraphs: (A) The student is enrolled in an eligible career pathway program and meets one of the following standards: (i) The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations. (ii) The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions. (iii) The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of 6 credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education. (B) The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law. (2) Eligible career pathway program In this subsection, the term eligible career pathway program (A) concurrently enrolls participants in connected adult education and eligible postsecondary programs; (B) provides counseling and supportive services to identify and attain academic and career goals; (C) provides structured course sequences that— (i) are articulated and contextualized; and (ii) allow students to advance to higher levels of education and employment; (D) provides opportunities for acceleration to attain recognized postsecondary credentials, including degrees, industry relevant certifications, and certificates of completion of apprenticeship programs; (E) is organized to meet the needs of adults; (F) is aligned with the education and skill needs of the regional economy; and (G) has been developed and implemented in collaboration with partners in business, workforce development, and economic development. . (b) Effective date and transition The amendment made by subsection (a) shall apply to students who first enroll in a program of study during the period beginning July 1, 2012, and ending June 30, 2019. 485. Reasonable collection costs in State court judgments Section 484A(b)(1) ( 20 U.S.C. 1091a(b)(1) reasonable collection costs reasonable collection costs, which, in the case of a loan made under part D, means collection costs in an amount that is reasonable and that does not exceed the bona fide collection costs associated with such student loan that are actually incurred in collecting the debt against the borrower 486. Improved disclosures, counseling, and financial assistance information for students (a) In general Section 485 ( 20 U.S.C. 1092 (1) in subsection (b)— (A) in paragraph (1)(A)— (i) by striking clause (i) and inserting the following: (i) personalized information that reflects the borrower's actual borrowing circumstances, which shall include— (I) the repayment plans available, including the income-based repayment option under section 493C and the standard 10-year repayment option under section 428(b)(9)(A)(i) or 455(d)(1)(A); (II) a description of the different features of each plan; and (III) personalized information showing estimates of the borrower's anticipated monthly payments and the difference in total interest paid and total payments under each plan; ; (ii) by redesignating clauses (viii) and (ix) as clauses (x) and (xi), respectively; (iii) by inserting after clause (vii) the following: (viii) a statement that student loans must be repaid even if the student does not complete the program in which the student is enrolled; (ix) information and resources related to financial literacy and planning, including budgeting, as determined by the Secretary based on the recommendations of the Secretary of the Treasury in the report submitted under section 1103 of the Higher Education Affordability Act ; and (iv) by adding at the end the following: (C) The counseling described in subparagraph (A)— (i) shall be provided in a simple and understandable manner that includes mechanisms to check for comprehension; and (ii) shall be provided— (I) during an exit counseling session conducted in person; or (II) online. ; and (B) in paragraph (2)(A)(iv), by striking , address, social security number, references, and driver's license number , postal address, social security number, references, driver's license number, phone number, and personal electronic mailing address that is not associated with the institution (2) in subsection (d)(1), by striking income-sensitive part D income-based repayment plans for loans made, insured, or guaranteed under part B or made under part D. (3) in subsection (f)— (A) by striking the subsection heading and inserting Disclosure of campus security and harassment policy and campus crime statistics (B) in paragraph (6)(A)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (vii), (viii), and (ix), respectively; and (ii) by inserting after clause (ii) the following: (iii) The term commercial mobile service (iv) The term electronic communication (v) The term electronic messaging services 47 U.S.C. 1001 (vi) The term harassment (I) is sufficiently severe, persistent, or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; and (II) is based on a student's actual or perceived— (aa) race; (bb) color; (cc) national origin; (dd) sex; (ee) disability; (ff) sexual orientation; (gg) gender identity; or (hh) religion. ; (C) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (D) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding harassment, which shall include— (i) a prohibition of harassment of enrolled students by other students, faculty, and staff— (I) on campus; (II) in noncampus buildings or on noncampus property; (III) on public property; (IV) through the use of electronic mail addresses issued by the institution of higher education; (V) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or (VI) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; (ii) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; (iii) a description of the procedures that a student should follow if an incident of harassment occurs; and (iv) a description of the procedures that the institution will follow once an incident of harassment has been reported. (B) The statement of policy described in subparagraph (A) shall address the following areas: (i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. (ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. (iii) Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. (iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. ; (4) in subsection (l)— (A) by striking paragraph (1) and inserting the following: (1) Disclosure required prior to signing master promissory note Each eligible institution shall, prior to obtaining or arranging execution of a master promissory note for a loan under part D (other than a Federal Direct Consolidation Loan) by a first-time borrower at such institution, ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan in accordance with paragraph (2). Such information— (A) shall be provided through the use of interactive programs that include mechanisms to check the borrower's comprehension of the terms and conditions of the borrower’s loans under part D, using simple and understandable language and clear formatting; and (B) shall be provided— (i) during an entrance counseling session conducted in person; or (ii) online. ; (B) in paragraph (2)— (i) in subparagraph (H), by striking within the regular time for program completion (ii) by adding at the end the following: (L) (i) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans, an explanation of the difference and relevance between student loans with a fixed interest rate as compared to student loans with a variable interest rate, and a recommendation that students examine available Federal student loan options before applying for private education loans. (ii) The explanation of the benefits provided under Federal student loans developed by the Secretary under section 483A(b). (M) An explanation, if applicable, that a student may refuse all or part of a student loan available under part D, which could help minimize the student's debt obligations. (N) Information relating to the institution's cohort default rate, including— (i) the cohort default rate, as defined in section 435(m), of the institution; (ii) an easy to understand explanation of the cohort default rate; (iii) the percentage of students at the institution of higher education who borrow Federal student loans under this title; (iv) the national average cohort default rate (as determined by the Secretary in accordance with section 435(m)); (v) in the case of an institution with a cohort default rate that is greater than the national average cohort default rate (as described in clause (iv)), a disclosure to the student that the institution's cohort default rate is above the national average; and (vi) in the case of an institution with a cohort default rate that is greater than 30 percent, a disclosure to the students that if the cohort default rate remains greater than 30 percent for the 3 consecutive years— (I) the institution will lose institutional eligibility for the purposes of programs authorized under this title; and (II) the student will no longer be able to receive Federal financial aid at that institution. (O) Information relating to the institution's speed-based loan repayment rate, including— (i) the speed-based loan repayment rate, as described in section 483D(c), of the institution and, if applicable, the speed-based loan repayment rate of each program at the institution that is subject to gainful employment regulations under section 668.7 (ii) an easy to understand description of what a speed-based loan repayment rate is; (iii) the national average speed-based loan repayment rate, as determined by the Secretary in accordance with section 483D(c); and (iv) in the case of an institution with a speed-based loan repayment rate that is below the national average speed-based loan repayment rate (as described in clause (iii)), a disclosure to the student that the institution's speed-based loan repayment rate is below the national average. (P) In the case of an institution with a school default risk for a fiscal year, as calculated by the Secretary, of 0.1 or higher, an explanation of the obligations of the institution under section 487(a)(32)(A). (Q) The percentages of students at the institution who obtain a degree or certificate within 100 percent of the normal time for completion of the student's program, and who obtain a degree or certificate within 150 percent of the normal time for completion of, the student's program. (R) Information and resources related to financial literacy and planning, including budgeting, as determined by the Secretary based on the recommendations of the Secretary of the Treasury in the report submitted under section 1103 of the Higher Education Affordability Act ; and (C) by adding at the end the following: (3) Borrower Contact Information (A) In general Each eligible institution shall— (i) require that a borrower who applies for a loan under this title to attend the institution on or after the date of enactment of the Higher Education Affordability Act (ii) request that the borrower provide a personal electronic mailing address of the borrower that is not associated with the institution. (B) Borrower responsibility A borrower receiving entrance counseling under this subsection shall provide the institution with the personal electronic mailing address described in subparagraph (A)(ii) and shall update the borrower's contact information as necessary to ensure that the information remains accurate. ; and (5) by adding at the end the following: (n) Additional notifications and counseling for borrowers (1) Annual notifications Each eligible institution shall, not less than once every year while a student is enrolled in the institution, carry out the notification requirements described in subparagraphs (A) through (G) with respect to a borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C) or made under part D (other than a Federal Direct Consolidation Loan). Such notification requirements may be fulfilled by notifications provided at the same time as existing methods of communication, such as by accompanying the annual financial aid award letter, subject to subparagraph (E). (A) Student loan balance; loan terms The eligible institution shall provide the borrower with a written notification of— (i) the borrower's outstanding balance of principal and interest owing on any loan made, insured, or guaranteed under this title; (ii) the borrower's repayment options; (iii) a disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans, an explanation of the difference and relevance between student loans with a fixed interest rate as compared to student loans with a variable interest rate, and a recommendation that students examine available Federal student loan options before applying for private education loans; and (iv) the explanation of the benefits provided under Federal student loans developed by the Secretary under section 483A(b). (B) Federal direct stafford loan eligibility In addition to the notifications under subparagraph (A) and under subparagraph (C), if applicable, in the case of a borrower described in paragraph (1) who qualifies for a Federal Direct Stafford Loan and who was a new borrower on or after July 1, 2013, the institution shall provide— (i) a written notification of the period of time that the borrower has remaining before the borrower will not be eligible for a Federal Direct Stafford Loan in accordance with section 455(q) because the period of time for which the borrower has received Federal Direct Stafford Loans, in the aggregate, exceeds the period of enrollment described in section 455(q)(3); and (ii) a written notification to such student when the period of time for which the borrower has received Federal Direct Stafford Loans, in the aggregate, reaches— (I) except as provided in subclause (II) or (III), a period equal to 100 percent of the published length of the educational program in which the student is enrolled; (II) in the case of a borrower who was previously enrolled in 1 or more other educational programs that began on or after July 1, 2013, a period equivalent to 2/3 (III) in the case of a borrower who was or is enrolled on less than a full-time basis or in the case of a borrower whose course of study or program is described in paragraph (3)(B) or (4)(B) of section 484(b), a period equivalent to 2/3 (C) Federal Pell Grant eligibility In addition to the notifications under subparagraph (A) and under subparagraph (B), if applicable, in the case of a borrower described in paragraph (1) who is receiving a Federal Pell Grant, the institution shall provide a written notification to such borrower of the student's remaining period of eligibility for a Federal Pell Grant in accordance with section 401(c)(5). (D) Confirmation of receipt of notification Each eligible institution shall require the borrower, for each applicable notification described in this paragraph, to provide written confirmation (including through electronic means) that the borrower has received the notification and understands the information contained in that notification. (E) Notifications by certain institutions In the case of an institution described in paragraph (2), the notification requirements under this paragraph (including the confirmation of notification described in subparagraph (D)) shall be carried out annually during the interim in-school counseling described in paragraph (2). (F) Additional loan counseling requirements for certain student borrowers (i) Borrowers in need of additional loan counseling A borrower shall be subject to the requirements described in clause (iii) if— (I) the borrower has a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); and (II) (aa) the borrower has transferred to the institution from another institution of higher education; or (bb) the borrower meets certain criteria that may place a borrower at greater risk of defaulting on student loans. (ii) Determination made by Secretary The Secretary shall determine any appropriate criteria to be used in clause (i)(II)(bb), such as withdrawing prematurely from an educational program or being in danger of failing to meet standards of academic progress. Nothing in this subparagraph shall be construed to allow an institution to select any criteria for purposes of such clause. (iii) Additional counseling Each eligible institution shall require each borrower described in clause (i) to participate in an additional loan counseling session, which shall— (I) be coordinated jointly by the student’s academic advisor and the financial aid office of the institution; (II) include disclosure of the estimated additional cost of attendance that the borrower may incur by failing to progress through the borrower’s educational program at a pace that meets the requirements for satisfactory progress, as described in section 484(c); and (III) in the case of a borrower described in clause (i)(II)(bb), include the development of an institutionally approved academic plan designed to ensure that the borrower will complete the borrower’s educational program within a reasonable timeframe. (G) Counseling for parent plus borrowers (i) In general Each eligible institution shall, prior to disbursement of a Federal Direct PLUS loan made on behalf of a student, ensure that the borrower receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan. Such information— (I) shall be provided through the use of interactive programs that use mechanisms to check the borrower’s understanding of the terms and conditions of the borrower’s loan, using simple and understandable language and clear formatting; and (II) shall be provided— (aa) during a counseling session conducted in person; or (bb) online. (ii) Information to be provided The information to be provided to the borrower under clause (i) shall include the following: (I) Information on how interest accrues and is capitalized during periods when the interest is not paid by the borrower. (II) An explanation of when loan repayment begins, of the options available for a borrower who may need a deferment, and that interest accrues during a deferment. (III) The repayment plans that are available to the borrower, including personalized information showing— (aa) estimates of the borrower’s anticipated monthly payments under each repayment plan that is available; and (bb) the difference in interest paid and total payments under each repayment plan. (IV) The obligation of the borrower to repay the full amount of the loan, regardless of whether the student on whose behalf the loan was made completes the program in which the student is enrolled. (V) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation. (VI) A notification that the loan is not eligible for an income-based repayment plan under section 493C. (VII) The name and contact information of the individual the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan. (2) Interim in-school counseling requirements for institutions with greater than average student default risk Each eligible institution that has a student default risk that is greater than the national average student default risk (as determined by the Secretary), shall require each borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), to undertake not less than 1 online or in-person counseling session at the beginning of each academic year that the borrower is enrolled at such institution, which shall include— (A) the applicable notification requirements described in paragraph (1); and (B) a statement that student loans must be repaid even if the student does not complete the program in which the student enrolled. (o) Required Data In any case where an institution needs data to comply with subsection (b), (l), or (n) that are not available to the institution but that are available to the Department or a Federal agency, the Secretary or the head of such agency shall provide or make available such information to the institution. (p) Reports relating to clinical training programs (1) Report on clinical training program agreements (A) In General Beginning in the year in which the Higher Education Affordability Act (i) the eligible institution agrees to provide funding or other benefits to the hospital or health facility; and (ii) that hospital or health facility provides opportunities for students at the institution to participate in a clinical training program. (B) Timing Following the year in which the Higher Education Affordability Act (C) Contents of Report The report described in this paragraph shall include the following: (i) The amount of any payments from the institution of higher education to a hospital or health facility during the period covered by the report, and the precise terms of any agreement under which such amounts are determined. (ii) Any conditions associated with the transfer of money or the provision of clinical training program opportunities that are part of the agreement described in subparagraph (A). (iii) Any memorandum of understanding between the institution of higher education, or an alumni association or foundation affiliated with or related to such institution, and a hospital or health facility, that directly or indirectly relates to any aspect of any agreement referred to in subparagraph (A) or controls or directs any obligations or distribution of benefits between or among any such entities. (iv) For each hospital or health facility that has an agreement described in subparagraph (A) with the institution, the number of clinical training positions at the hospital or health facility that are reserved for students at that institution. (2) Report on charitable donations (A) In General Beginning in the year in which the Higher Education Affordability Act (i) the eligible institution made a charitable donation to a hospital or health facility in any of the previous 3 years; and (ii) the number of students from the eligible institution who participate in any clinical training program at the hospital or health facility where such a donation was made increases by more than 5 students or 10 percent, whichever is less, as compared to the number of such students who participated in a clinical training program at that hospital or health facility during the first year in the previous 3-year period. (B) Timing Following the year in which the Higher Education Affordability Act (C) Contents of Report The report described in this paragraph shall include the following: (i) The amount of each charitable donation that was made in the previous 3-year period by the eligible institution to a hospital or health facility. (ii) The number of students from the eligible institution who participate in any clinical training program at the hospital or health facility where each such donation was made— (I) during the year in which the report is submitted; and (II) during the first year in the previous 3-year period covered by the report. (3) Aggregation by institution The information required to be reported in this subsection shall include, and shall be aggregated with respect to, each institution of higher education and each alumni association or foundation affiliated with or related to such institution. For any year in which an institution is required to submit a report described under paragraph (1) and a report described under paragraph (2), the institution may submit a single report for that year containing all of the information required under paragraphs (1) and (2). (4) Report to Congress The Secretary, in conjunction with the Secretary of Health and Human Services, shall submit to Congress, and make available to the public, an annual report that lists the reports submitted to the Secretary by each institution of higher education in accordance with this subsection. (5) Public disclosure Each eligible institution described in paragraph (1) or (2) of this subsection shall make readily available the reports described in such paragraph (as applicable), through appropriate publications, mailings, and electronic media to the general public. (6) Definitions In this subsection: (A) Clinical training program The term clinical training program (B) Health facility The term health facility (C) Hospital The term hospital . (b) Effect on changes to campus safety provisions on other laws Nothing in the amendments made by subsection (a)(3), shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this Act are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12101 et seq. (c) Effective date for termination of income-Sensitive repayment plan reference The amendment made by subsection (a)(2) shall take effect on the date that is 1 year after the date of enactment of this Act. 487. Improvements to National Student Loan Data System (a) Amendments Section 485B ( 20 U.S.C. 1092b (1) in subsection (a), by inserting and loans made or insured under part A of title VII, or part E of title VIII, of the Public Health Service Act ( 42 U.S.C. 292 et seq. parts D and E, (2) by striking subsection (h) and inserting the following: (h) Integration of databases (1) In General The Secretary shall integrate the National Student Loan Data System with the Federal Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in programs under this title. (2) Department of Defense and Department of Veterans Affairs Information (A) In General In order to incorporate the military and veteran status of borrowers into the National Student Loan Data System, the Secretary shall integrate the National Student Loan Data System with information from— (i) the Department of Defense, including the Defense Manpower Data Center; and (ii) the Department of Veterans Affairs, including data about veterans who are eligible for educational assistance under laws administered by the Secretary of Veterans Affairs. (B) Memoranda of understanding The Secretary shall enter into any memoranda of understanding or other agreements that are necessary to carry out this paragraph. ; and (3) by adding at the end the following: (i) Public Health Service loans The Secretary shall include in the National Student Loan Data System established pursuant to subsection (a) information regarding loans made under— (1) subpart II of part A of title VII of the Public Health Service Act; or (2) part E of title VIII of the Public Health Service Act. (j) Private education loan information The Secretary shall include in the National Student Loan Data System established pursuant to subsection (a) the information regarding private education loans that is determined necessary by the Director of the Bureau of Consumer Financial Protection, in coordination with the Secretary, to be included pursuant to section 128(e)(13) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(13) . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to implement the Department of Defense and Department of Veterans Affairs data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by subsection (a)(2). (2) Follow-up Report If the Secretary of Education has not implemented the Department of Defense and Department of Veterans Affairs data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by subsection (a)(2), by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why such provision has not been implemented. 488. Competency-based education demonstration program Part G of title IV ( 20 U.S.C. 1088 et seq. 486B. Competency-based education demonstration program (a) Purpose It is the purpose of this section— (1) to allow a demonstration program that is monitored by the Secretary to explore ways of delivering education and disbursing student financial aid that are based on demonstrating competencies rather than credit hours; (2) to potentially lower the cost of postsecondary education and reduce the time needed to attain a postsecondary degree; and (3) to help determine— (A) the specific statutory and regulatory requirements that should be modified to provide greater access to high-quality competency-based education programs, which may be independent of, or combined with, traditional credit hour or clock hour programs; (B) the most effective means of delivering competency-based education; and (C) the appropriate level and distribution methodology of Federal assistance for students enrolled in competency-based education. (b) Definitions In this section: (1) Competency-based education The term competency-based education (A) uses direct assessment of learning for any of its components as a substitute for traditional coursework measured in credit-hours; and (B) upon successful completion, results in the attainment of a 2-year or 4-year postsecondary degree or certificate. (2) Eligible entity The term eligible entity (A) An institution of higher education, as defined in section 101, that is eligible to participate in programs under this title. (B) A consortia of institutions of higher education that meet the requirements in subparagraph (A). (c) Demonstration programs authorized (1) In general The Secretary shall carry out a competency-based education demonstration program under which the Secretary selects, in accordance with subsection (e), eligible entities to participate and receive waivers described in paragraph (2), in order to enable the eligible entities to offer competency-based education programs. (2) Waivers (A) In general The Secretary may waive, for an eligible entity participating in the demonstration program under this section, any requirement of subsections (a) and (f) of section 481 as such subsections relate to requirements under this Act for a minimum number of weeks of instruction (including any regulation promulgated under such subsections). (B) Additional requirements eligible for waiver (i) In general In addition to any waiver authorized under subparagraph (A), the Secretary may waive any requirements described in clause (ii) for an eligible entity that requests such a waiver in the application submitted under subsection (d), if— (I) the Secretary determines that the eligible entity has proposed a high-quality plan for competency-based education that requires such waiver; (II) the eligibility entity has provided equivalent metrics to each of the requirements described in clause (ii) for which the eligible entity is seeking a waiver; and (III) the Secretary has certified that all requirements being waived have such high-quality equivalents. (ii) Description of additional requirements Requirements described in this clause are requirements under this part, part F, or title I (including any regulations promulgated under such parts or title) that inhibits the operation of competency-based education, related to— (I) minimum weeks of instructional time; (II) credit hour or clock hour equivalencies; and (III) the definitions of the terms academic year full-time student standard term non-term non-standard term term satisfactory academic progress educational activity program of study payment period (d) Application (1) In general Each eligible entity desiring to participate in the demonstration program under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the competency-based education to be offered by the eligible entity through the demonstration program; (B) a detailed description of the proposed academic delivery, business, and financial models to be used in the program, including brief explanations of how the program’s approach would result in the achievement and assessment of competencies and how the approach would differ from standard credit hour approaches; (C) (i) a summary of the evidence-based analysis of the financial impact of the proposed program on the institution, its prospective students, and the Federal government; and (ii) a written assurance that— (I) the summary presented to the Secretary is a good-faith representation of all the information available to the institution at the time of the application; and (II) all material internal analyses and supporting data used in the summary shall be retained and made available to the Secretary upon request for a period of not less than 5 years after the approval of the proposed program; (D) a written assurance that the program fully conforms to the institution’s academic policies, and that any degrees or certificates conferred through the program shall be equivalent to the institution’s traditional degrees or certificates; (E) documentation of approval of the competency-based demonstration program from a regional accrediting agency or association; (F) a description of the statutory and regulatory requirements described in subsection (c)(2) for which a waiver is sought, the reasons for which each such waiver is sought, and how the institution proposes to mitigate any risks to students or the Federal Government as a result of the waiver; (G) a description of the entity’s proposal for determining a student’s Federal student aid eligibility under this title and awarding and distributing such aid, including safeguards to ensure that students are making satisfactory progress that warrants disbursement of such aid, and an explanation of how the proposal ensures that the program does not require the expenditure of additional Federal funding beyond what the student is eligible for; (H) a description of the students to whom competency-based education will be offered, including an assurance that the eligible entity will include a minimum of 100 and a maximum of 2,000 eligible students as part of the program; (I) a description of the goals the entity hopes to achieve through the use of competency-based education, including evidence-based estimates of cost savings to the institution, students, and the Federal Government as a direct result of the delivery method being proposed; (J) a description of how the entity plans to maintain program quality and integrity, consistent with part H; (K) an assurance that the entity will fully cooperate with the ongoing evaluations of the demonstration program under subsection (f)(3); (L) an assurance that the entity will not require the expenditure of additional Federal funding to implement the proposed program; (M) an evidence-based estimate of the percentage of students the program would enroll whom the institution estimates will successfully complete the program, satisfy all academic requirements, and attain the academic credential the program is intended to confer; (N) a written assurance that the eligible entity will comply with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (i) no information from the student’s education record would be permanently stored with any other Federal agency; and (ii) no student’s personally identifiable information would be publicly disclosed; and (O) such other information as the Secretary may require. (e) Selection (1) In general Not later than 180 days after the date of enactment of the Higher Education Affordability Act (2) Considerations In selecting eligible entities to participate in the demonstration program under this section, the Secretary shall— (A) not select any eligible entity for which the estimated percentage of students in the proposed program expected to complete their degree, as provided in the application under subsection (d)(2)(O), is lower than the percentage of students enrolled in traditional academic programs at the institution that complete their degree or program of study; (B) consider the number and quality of applications received; (C) consider the eligible entity’s— (i) demonstrated quality, as measured through outcome-based metrics of student success; (ii) financial responsibility; (iii) administrative capability, including the ability to successfully execute the program as described; (iv) commitment and ability to effectively finance a demonstration program as proposed; (v) demonstrated administrative capability and expertise to evaluate learning based on measures other than credit hours or clock hours; (vi) commitment to allow random assignment and collection of school records of eligible program applicants, in full compliance with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (vii) ability to translate competencies to traditional credit hours to help facilitate the ability of students participating in the demonstration project to transfer to another institution of higher education if the student so desires; (D) ability to offer a financial guarantee to assume all Federal loans made under part D to students who demonstrate that the education received did not lead to improved employment prospects; (E) consider the Department’s capacity to oversee and monitor each eligible institution’s participation; and (F) ensure the participation of a diverse group of institutions of higher education (including institutions within eligible entities described in subparagraph (B) or (C) of subsection (b)(2)) with respect to size, mission, and geographic distribution of the institutions. (3) Notification Not later than 180 days after the date of enactment of the Higher Education Affordability Act (f) Evaluations and reports (1) Eligible entity report Each eligible entity that participates in the demonstration program under this section shall prepare and submit to the Secretary an annual report that includes all of the following: (A) For each student participating in the competency-based education program offered by the eligible entity— (i) the number of postsecondary credit hours the student had earned prior to enrollment in the program; (ii) the period of time between the admission of the student in the program and the first assessment of the student’s learning; (iii) the number of credits or competencies and progress towards completion that the student acquired through the program and the period of time during which the student acquired such credits, competencies, and made such progress; (iv) an identification of whether the student is participating in the program and only receiving competency-based education or participating in the program while also taking courses offered in credit or clock hours; (v) the percentage of assessments of student learning that the student passed on the first attempt, during the period of the student’s participation in the program; and (vi) the percentage of assessments of student learning that the student passed on the second attempt, and the average period of time between the student’s first and second attempts, during the period of the student’s participation in the program. (B) The rates of retention in the program for participating students, for each 6-month period of the program. (C) Graduation rates for participating students and the average period of time for degree completion by a student participating in the program, disaggregated based on student status as a first-year, second-year, third-year, or fourth-year student when the student enrolled in the program and status with respect to participating in courses offered in credit or clock hours while also participating in competency-based education. (D) Issues related to awarding and disbursing student financial assistance for competency-based education. (E) The job placement rates of all students who participated in the program, as measured in the second fiscal year after the completion of the program. The Secretary may offer guidance for the purposes of making this calculation. (F) An analysis of the mean debt to earnings ratio, and the mean debt to discretionary earnings ratio, of the students who participated in the program, as measured in the second fiscal year after the completion of the program— (i) in the aggregate and disaggregated for students who earned the degree or credential and students who did not earn the degree or credential; and (ii) calculated for each quintile of students, based on the salary of the students after participation in the program. (G) A compilation of quality reviews by students who participated in the program. (H) Such other information as the Secretary may require. (2) Evaluation The Secretary shall— (A) in the aggregate, annually evaluate the program offered by each eligible entity participating in the demonstration program under this section to review— (i) the extent to which the eligible entity has met the goals set forth in its application under subsection (d), including the progress of the eligible entity based on the measures of program quality assurance; (ii) the number and types of students participating in the competency-based education programs offered, including the progress of participating students toward recognized degrees and the extent to which participation, postsecondary education retention, postsecondary education completion, employment after graduation, and debt repayment increased or decreased for participating students as compared to the general postsecondary education student population; (iii) obstacles related to student financial assistance for competency-based education; and (iv) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions of higher education; and (B) acting through the Director of the Institute of Education Sciences— (i) evaluate the implementation and impact of the activities allowed under this section; and (ii) identify promising practices regarding competency-based education and disseminate research on these practices. (3) Annual report The Secretary shall annually prepare and submit to the authorizing committees a report that includes the following: (A) The evaluations of the demonstration programs required under paragraph (3). (B) The number and types of students receiving assistance under this title who participate in competency-based education programs supported under this section. (C) The postsecondary education retention and completion rates of students participating in such programs. (D) The job placement rates of participating students, as measured 2 fiscal years after the completion of such programs. (E) An analysis of the mean debt to earnings ratio, and the mean debt to discretionary earnings ratio of the students who participated in the program, as measured in the second fiscal year after the completion of the program— (i) in the aggregate and disaggregated for students who earned the degree or credential and students who did not the degree or credential; and (ii) calculated for each quintile of students, based on the salary of the students after participation in the program. (F) Any statutory changes the Secretary would recommend that are designed to support and enhance the expansion of competency-based education. (G) Other such measures as determined by the Secretary. (g) Oversight In conducting the demonstration program under this section, the Secretary shall, on a continuing basis— (1) ensure that eligible entities participating in the program comply with the requirements of this title (other than the requirements that are waived under subsection (c)(2)); (2) provide technical assistance; (3) monitor fluctuations in the student population enrolled in the participating eligible entities; and (4) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities regarding the program. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. . 489. Program participation agreements (a) Sense of the Senate regarding incentive compensation It is the sense of the Senate that— (1) incentive compensation is an inappropriate mechanism in the delivery of higher education for institutions of higher education wishing to participate in programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and (2) the ban on incentive compensation under section 487(a)(20) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(20) (b) Amendments Section 487 ( 20 U.S.C. 1094 (1) in subsection (a)— (A) in paragraph (19), by inserting housing facilities, libraries, (B) by striking paragraph (20) and inserting the following: (20) (A) (i) The institution or any third party acting on the institution’s behalf, including an institution affiliate or service provider to the institution, will not provide any commission, bonus, or other incentive payment to any person or entity at any phase of the academic process based directly or indirectly on success in— (I) securing enrollments or securing or awarding financial aid; (II) performance in educational coursework; (III) graduation; (IV) job placement; or (V) any other academic facet of a student’s enrollment in an institution of higher education. (ii) The requirements of subparagraph (A) shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance. (B) The institution affirmatively acknowledges that the provision of incentive compensation to employees of institutions, institution affiliates, or service providers retained by the institution at any point in the recruitment, enrollment, education, or employment placement of students is a prohibited activity under subparagraph (A)(i). (C) The institution will provide, upon hiring an employee or contracting with a service provider, and not less than once per calendar year, official notice, on a form developed by the Secretary, to employees and service providers (and employees of service providers) contracted by the institution of the statutory and regulatory requirements pursuant to this section. (D) The institution will not enter into any contract with a third party acting on its behalf, including institution affiliates or service providers, that contains a revenue-sharing component premised in full or in any part on any practice described in subparagraph (A)(i). ; (C) by striking paragraph (24) and inserting the following: (24) The institution certifies that the institution— (A) has designated an appropriate staff person, who may also be a coordinator for other programs, as a single point of contact to assist homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (B) posts public notice about student financial assistance and other assistance available to homeless children and youths and foster care children and youth, including their eligibility as independent students under subparagraphs (B) and (H) of sections 480(d)(1); (C) has developed a plan for how homeless children and youths and foster care children and youth can access housing resources during and between academic terms, through means that may include access to on-campus housing during school breaks and a list of housing resources in the community that provide short-term housing; and (D) has included in the institution's application for admission questions (to be answered voluntarily) regarding the applicant's status as a homeless child or youth or foster care child or youth, which the applicant can voluntarily choose to answer for the limited purpose of being provided information about financial aid or any other available assistance. ; (i) in paragraph (25)(A)(ii), by striking subsection (e) subsection (d) (ii) in paragraph (27), by striking subsection (h) subsection (g) (D) by striking paragraph (28) and inserting the following: (28) (A) The institution shall— (i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide— (I) certification to such private educational lender— (aa) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is accepted for enrollment at the institution; (bb) of such student's cost of attendance at the institution as determined under part F of this title; and (cc) of the difference between— (AA) the cost of attendance at the institution; and (BB) the student's estimated financial assistance received under this title, if the student pursued such assistance, and other assistance known to the institution, as applicable; or (II) in the case of a private education loan that the institution may not certify because the private education loan does not meet the requirements described in subsection (D), provide notice to the private educational lender of the institution’s refusal to certify the private education loan; and (ii) provide the certification described in clause (i)(I), or notice of the refusal to provide certification described in clause (i)(II), as the case may be, or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request— (I) within 15 business days of receipt of such certification request; and (II) only after the institution has completed the activities described in subparagraph (B). (B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing the certification under subparagraph (A)(i)(I) or providing notice of the refusal to provide certification under subparagraph (A)(i)(II)— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the student whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) The availability of, and the student’s potential eligibility for, Federal financial assistance under this title, including the explanation of the benefits provided under Federal student loans developed by the Secretary under section 483A(b). (II) The student's ability to select a private educational lender of the student's choice. (III) The impact of a proposed private education loan on the student's potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The student’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a student’s loan application and the right of a borrower of a private education loan to cancel the loan within a 3-day period, in accordance with paragraphs (6) and (7) of section 128(e) of the Truth in Lending Act. (C) For purposes of this paragraph, the term private educational lender 15 U.S.C. 1650 (D) In the case of a private education loan that includes a cosigner, the institution shall not provide certification to a private educational lender under this paragraph unless the private educational lender agrees to send a statement to the borrower’s cosigner, annually notifying the cosigner of the terms, conditions, and status of such private education loan. ; and (E) by adding at the end the following: (30) (A) The institution— (i) shall not include a predispute arbitration agreement in any contract with a student or prospective student for enrollment at the institution; and (ii) shall agree that, in any case where a contract for enrollment at the institution entered into by a student before the date of enactment of the Higher Education Affordability Act (B) In this paragraph, the term predispute arbitration agreement (31) The institution will provide the Secretary with any information that the Secretary requests in order to meet the default prevention requirements of section 435(a)(7). (32) (A) If the institution has a student default risk for a fiscal year, as calculated by the Secretary, of 0.1 or greater, the institution will, for such year— (i) provide an individual accepted for enrollment at the institution with a waiting period, beginning on the date that the individual receives notification of the acceptance and lasting for not less than 2 weeks, before the individual is required to enroll in the institution, pay tuition charges, or sign a master promissory note for a loan under this title, in order to give the individual time to consider, and compare among postsecondary options, program costs at the institution and employment prospects upon completion of a program of study; (ii) ensure that the receipt of financial aid, incentives, or other benefits is not made contingent on an individual confirming enrollment before the end of the individual's waiting period; (iii) inform the individual, in writing and in a manner determined by the Secretary at the time of the acceptance notification, of— (I) the individual's right to the 2-week waiting period under clause (i) beginning on the date that the individual receives notification of the acceptance; and (II) the reason why the institution is required to provide such waiting period; (iv) notify an individual accepted for enrollment at the institution of all financial aid determinations by not less than 1 week before the enrollment confirmation deadline, if all requested application forms are received from the individual on time; and (v) disclose to an individual accepted for enrollment, in a manner determined by the Secretary, that the individual may file a complaint through the complaint tracking system established under section 161 if the individual believes that the institution has violated any provision of this paragraph. (B) If an institution described in subparagraph (A) fails to meet the requirements of this paragraph, the institution shall be subject to a civil penalty in accordance with section 489A. (C) Notwithstanding subparagraph (A), the Secretary may, after providing notice and an opportunity to comment, elect to replace the use of the student default risk percentage threshold established under subparagraph (A) with a loan repayment rate threshold calculated in accordance with section 483D(b). (33) In the case of an institution that enrolls during an academic year more than 100 students who are veterans, the institution shall certify that the institution has developed and implemented a plan to ensure the success of veterans at that institution. To the extent practicable, the institution shall make the plan, and associated policies, public and accessible to students who are veterans. Such plan shall include the following: (A) The designation of certain faculty or staff at the institution who will serve as a point of contact for veterans— (i) within campus offices, including the admissions office; and (ii) during any orientation process for newly enrolled students. (B) The establishment of a working group that will be responsible for veterans issues. (C) A description of disability services that are available to meet the needs of disabled students who are veterans. (D) A plan for how the institution will identify students who are veterans through the application process, or through other processes, to provide better assistance in the receipt of educational assistance under laws administered by the Secretary of Veterans Affairs or the Secretary of Defense. (E) A description of how the institution will evaluate and maximize the number of credits students can receive from military training and service. (34) The institution, and the officers at the institution, will not make any substantial misrepresentation, as described in section 489A(a)(1)(A). (35) The institution will adopt policies regarding academic leaves of absence, readmission, and dismissal for psychiatric reasons that are comparable to such policies for physical health and other medical reasons, including policies that include the same guarantees of due process and appeal. ; (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A)(i), by striking available made publicly available and provided (ii) by striking subparagraphs (F) and (G); (iii) by redesignating subparagraphs (H) and (I) as subparagraphs (F) and (G), respectively; and (iv) in subparagraph (F), as redesignated by clause (iii), by striking under paragraph (3)(B) on the institution of higher education under section 489A (B) by striking paragraph (3); and (C) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; (3) by striking subsection (d); (4) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; and (5) in subsection (f)(1) (as redesignated by paragraph (4)), by striking subsection (e)(2) subsection (d)(2) (c) Effective date regarding private loan certification The amendment made by subsection (b)(1)(D) shall take effect on the effective date of the regulations described in section 1012(b). 490. Civil penalties Part G of title IV is further amended by inserting after section 489 the following: 489A. Civil penalties and other remedies (a) Definitions In this section: (1) Substantial misrepresentation or other serious violation The term substantial misrepresentation or other serious violation (A) A substantial misrepresentation regarding— (i) the nature of the educational program of an institution of higher education; (ii) the financial charges of the institution; (iii) the space availability in a program of the institution for which a student is considering enrollment; (iv) the admission requirements of the institution; (v) the transferability of credits from the institution; (vi) whether a program of the institution meets the necessary standards to qualify students to sit for licensing examinations, or obtain certification required as a precondition for employment, in the State in which the students reside; (vii) the passage rates of students at the institution in obtaining certification requirements; (viii) the passage rates of students who sit for licensing examinations; or (ix) the employability of the graduates of the institution. (B) Failure of an institution subject to the requirements of section 487(a)(32) to comply with such section. (C) A knowing and willful misuse of Federal student aid from any source. (D) A violation of section 487(a)(20). (E) A violation of the default manipulation regulations promulgated by the Secretary under section 435(m)(3). (F) Failure to comply with the program review process described in section 498A, including any disclosure requirement described in paragraph (2)(C) or (5) of section 498A(b). (G) A violation of the program integrity regulations promulgated by the Secretary under this Act. (H) A violation of this Act that the Secretary has determined, by regulation, to be a serious violation for purposes of this section. (2) Officer of an institution of higher education The term officer of an institution of higher education (b) Sanctions for substantial misrepresentations or serious violations (1) Civil penalties (A) In general The Secretary may impose a civil penalty upon an eligible institution upon making a determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in a substantial misrepresentation or other serious violation. (B) Amount of civil penalties A civil penalty imposed for a violation under subparagraph (A) shall be not less than $100,000 or— (i) in the case of a first violation, an amount equal to the product of $1,000,000 multiplied by the institution’s student default risk, whichever is larger; (ii) in the case of a second violation, an amount equal to the product of $2,000,000 multiplied by the institution’s student default risk, whichever is larger; and (iii) in the case of a third or subsequent violation, an amount equal to the product of $3,000,000 multiplied by the institution’s student default risk, whichever is larger. (C) Treatment of multiple institutions For the purpose of determining the number of violations for subparagraph (B), any violation by a particular institution will accrue against all identification codes used by the Office of Postsecondary Education to designate campuses and institutions affiliated with the institution, and within the period of participation for the institution, as defined in section 668.13(b) of title 34, Code of Federal Regulations, or any successor regulation. (c) Sanctions for other violations of this title Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in a violation of any other provision of this title, including the failure to carry out any provision of this title, that is not a significant misrepresentation or other serious violation, the Secretary may impose a civil penalty upon such institution of not more than $100,000 (subject to such adjustments for inflation as may be prescribed in regulation) for each such violation. (d) Civil penalties and sanctions for officers of institutions Upon determination, after reasonable notice and an opportunity for a hearing on the record, that an officer of an institution of higher education that participates in a program under this title has knowingly and willfully, or with gross negligence, violated a provision of this title, the Secretary may sanction the officer. Such sanctions may include the following: (1) Prohibiting the institution of higher education that has employed the officer of an institution of higher education and that participates in a program under this title, or any other institution of higher education that participates in a program under this title, from employing the officer, except that any such prohibition under this subsection shall not be for a period of more than 5 years from the date of the determination of the violation. (2) Assessing a civil penalty against an officer of an institution of higher education who has knowingly and willfully, or with gross negligence, violated a provision of this title, except that any such civil penalty under this subsection shall not be greater than the amount of the officer’s compensation for each year for which the violations are determined to have occurred. For purposes of this subparagraph, an officer's compensation shall include proceeds of any sales of stock and any incentive-based compensation (including stock options awarded as compensation) based on information required to be reported to the Secretary or any other Federal agency during the period in which the violations are determined to have occurred. (e) Limitation, suspension, or termination of eligibility status (1) In general Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in a violation of any provision of this title (including the failure to carry out any provision of this title or any regulation prescribed under such provision) or a violation of any applicable special arrangement, agreement, or limitation, the Secretary may limit, suspend, or terminate the participation in any program under this title of an eligible institution, subject to the requirements of paragraph (2). (2) Suspension procedures No period of suspension under this section shall exceed 60 days unless the institution and the Secretary agree to an extension or unless limitation or termination proceedings are initiated by the Secretary within that period of time. (f) Emergency action (1) In general The Secretary may take an emergency action against an institution, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to the institution (by registered mail, return receipt requested), withhold funds from the institution or its students and withdraw the institution's authority to obligate funds under any program under this title, if the Secretary— (A) receives information, determined by the Secretary to be reliable, that the institution is violating any provision of this title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limitation; (B) determines that immediate action is necessary to prevent misuse of Federal funds; and (C) determines that the likelihood of loss outweighs the importance of the procedures prescribed in subsection (e) for limitation, suspension, or termination. (2) Time limitation An emergency action described in paragraph (1) shall not exceed 30 days unless limitation, suspension, or termination proceedings are initiated by the Secretary against the institution within that period of time. (3) Opportunity to show cause The Secretary shall provide an institution that is the subject of an emergency action under this subsection an opportunity to show cause, if the institution so requests, that the emergency action is unwarranted and should be lifted. (g) Lifting of sanctions Notwithstanding any other provision of this title, an institution of higher education that has been sanctioned by the Secretary under this section or any other provision of this title may not have such sanctions lifted until the Secretary has conducted a subsequent program review under section 498A and has found the institution to be in compliance with this title. (h) Single course of conduct; compromise authority and collection of penalty (1) Same course of conduct For purposes of this section, acts and omissions relating to a single course of conduct shall be treated as a single violation. (2) Compromise authority Any civil penalty under this section may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the Secretary shall consider— (A) the appropriateness of the penalty to the size of the institution of higher education subject to the determination; and (B) the gravity of the violation, failure, or misrepresentation. (i) Collection of penalty The amount of any penalty under this section may be deducted from any sums owing by the United States to the institution charged. (j) Disposition of amounts recovered (1) In general Amounts collected under this section shall be transferred to the Secretary, who shall determine the distribution of collected amounts, in accordance with paragraphs (2) and (3). (2) Use for program integrity efforts and program reviews (A) In general For each fiscal year, an amount equal to not more than 50 percent of the amounts recovered or collected under this section— (i) shall be available to the Secretary to carry out program reviews under section 498A and other efforts by the Secretary related to program integrity under part H; and (ii) may be credited, if applicable, for that purpose by the Secretary to any appropriations and funds that are available to the Secretary for obligation at the time of collection. (B) Supplement not supplant Amounts made available under subparagraph (A) shall be used to supplement and not supplant any other amounts available to the Secretary for the purpose described in such subparagraph. (C) Availability for funds Any amounts collected under this section that are made available under paragraph (2) shall remain available until expended. (3) Use for student relief fund For each fiscal year, an amount equal to not less than 50 percent of the amounts recovered or collected under this section shall be deposited into the Student Relief Fund established under subsection (k). (4) Report The Secretary shall regularly publish, on the website of the Department, a detailed description that includes— (A) the amount of funds that were distributed for the purposes described in paragraph (2) and the amount used for the Student Relief Fund under paragraph (3); and (B) how funds were distributed among the purposes described in paragraph (2)(A)(i). (k) Student relief fund (1) Establishment The Secretary shall establish a Student Relief Fund (referred to in this subsection as the Fund (A) has failed to comply with an eligibility requirement under section 101 or 102 or an obligation incurred under the terms of the program participation agreement under section 487; or (B) has been sanctioned under subsection (b) or (c). (2) Determination of relief The Secretary, in consultation with Director of the Bureau of Consumer Financial Protection— (A) shall determine the manner of relief to be provided under paragraph (1), which may include tuition reimbursement or full or partial loan forgiveness; and (B) may issue regulations regarding how the amounts in the Fund will be distributed among students eligible for the funds. (3) Treatment and availability of funds (A) Funds that are not government funds Funds obtained by or transferred to the Fund shall not be construed to be Government funds or appropriated monies. (B) Amounts not subject to apportionment Notwithstanding any other provision of law, amounts in the Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (C) No fiscal year limitation Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this chapter without fiscal year limitation. (4) Investments (A) Amounts in fund may be invested The Secretary of Education may request the Secretary of the Treasury to invest the portion of the Fund that is not, in the discretion of the Secretary of Education, required to meet the current needs of the Fund. (B) Eligible investments Investments shall be made by the Secretary of the Treasury in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with maturities suitable to the needs of the Fund as determined by the Secretary on the record. (C) Interest and proceeds credited The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to the Fund. (5) Regulations The Secretary shall prescribe regulations to implement the requirements of this section within 1 year after the date of enactment of the Higher Education Affordability Act (6) Authorization of appropriations In addition to funds derived from financial penalties assessed pursuant to subsection (j), there are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2015 and each of the five succeeding fiscal years. (l) State enforcement (1) In general Any violation of subsection (b), including the regulations promulgated under such subsection, shall be a cause of action enforceable by the State, through the attorney general (or the equivalent thereof) of the State, in any district court of the United States in that State or in a State court that is located in that State and that has jurisdiction over the defendant. The State may seek any relief provided under paragraph (4)(B) for such violation, or any remedies otherwise provided under law. (2) Notice required (A) In general Before initiating any action in a court or other administrative or regulatory proceeding against any institution of higher education as authorized by paragraph (1) to enforce any provision of this subsection, including any regulation promulgated by the Secretary under this subsection, a State attorney general shall timely provide a copy of the complete complaint to be filed and written notice describing such action or proceeding to the Secretary, except as provided in subparagraph (B). (B) Emergency action If prior notice is not practicable, the State attorney general shall provide a copy of the complete complaint and the notice to the Secretary immediately upon instituting the action or proceeding. (C) Contents of notice The notification required under this subparagraph shall, at a minimum, describe— (i) the identity of the parties; (ii) the alleged facts underlying the proceeding; and (iii) whether there may be a need to coordinate the prosecution of the proceeding so as not to interfere with any action, including any rulemaking, undertaken by the Secretary or another Federal agency. (3) Regulations The Secretary shall prescribe regulations to implement the requirements of this subsection and periodically provide guidance in order to further coordinate actions with the State attorneys general. (4) Preservation of state authority (A) State claims Nothing in this subsection shall be construed as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that State. (B) Relief (i) In general Relief under this subsection may include, without limitation— (I) rescission or reformation of contracts; (II) refund of moneys or return of real property; (III) restitution; (IV) disgorgement or compensation for unjust enrichment; (V) payment of damages or other monetary relief pursuant to the requirements of paragraph (2); (VI) public notification regarding the violation, including the costs of notification; and (VII) limits on the activities or functions of the person. (ii) Exclusion Relief under this subsection shall not include the ability to suspend or terminate the eligibility status of an institution of higher education for programs under this title. . 491. Advisory Committee on Student Financial Assistance Section 491(k) ( 20 U.S.C. 1098(i) 2015 2020 492. Income-based repayment (a) In general Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e 493C. Income-based repayment (a) Definitions In this section: (1) Eligible loan The term eligible loan (A) any such loan that is in default; (B) any PLUS loan made, insured, or guaranteed under section 428, or any Federal Direct PLUS Loan, made to a parent borrower; or (C) any consolidation loan made, insured, or guaranteed under section 428C, or any Federal Direct Consolidation Loan, that repaid a loan described in subparagraph (B). (2) Partial financial hardship The term partial financial hardship (A) for such borrower— (i) the annual amount due on the total amount of eligible loans made to a borrower as calculated under the standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period; exceeds (ii) 10 percent of the result obtained by calculating, on an annual basis, the amount by which— (I) the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds (II) 150 percent of the poverty line; or (B) the borrower is considered 150 days or more days delinquent on one or more eligible loans. (b) Income-Based repayment program authorized Notwithstanding any other provision of this Act, the Secretary shall carry out a program under which— (1) a borrower of any eligible loan may elect to participate in the income-based repayment plan if the borrower has a partial financial hardship as of the time the borrower makes the election— (A) whether or not the borrower’s loan has been submitted to a guaranty agency for default aversion or had been in default previously; and (B) whether or not the borrower is, at the time of the election, enrolled in another repayment plan, including the income contingent repayment plan, income-sensitive repayment plan, or another repayment plan based on income eligibility (except that in the case of a borrower who is enrolled in the income contingent repayment plan and has a Federal Direct Consolidation Loan that repaid a Federal Direct PLUS Loan, that Federal Direct Consolidation Loan shall not be an eligible loan for purposes of this section); (2) after selection of the income-based repayment plan, and for the remaining period of the borrower's loans unless the borrower elects a different repayment method, the borrower’s aggregate monthly payment for all such loans shall not exceed the result described in subsection (a)(2)(A)(ii), as calculated on an annual basis, divided by 12; (3) 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; (4) any interest due and not paid under paragraph (3) shall accrue but not be capitalized, except that, in the case of loans under section 428, or Federal Direct Stafford Loans for which interest was subsidized, any interest due and not paid under paragraph (3) shall be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under paragraph (1) (not including any period during which the borrower is in deferment due to an economic hardship described in section 435(o)); and (5) any principal due and not paid under paragraph (3) shall be deferred; (6) a borrower who elects to participate in an income-based repayment plan under paragraph (1) and whose eligibility for an income-based repayment plan is verified may participate in the income-based repayment plan during the period of the borrower's loans, even if the borrower no longer has a partial financial hardship; (7) the amount of time the borrower makes monthly payments under paragraph (2) may exceed 10 years; (8) the Secretary shall repay or cancel any outstanding balance of principal and interest due on all eligible loans to a borrower who— (A) at any time, elected to participate in income-based repayment under paragraph (1); and (B) for a period of time prescribed by the Secretary, not to exceed 20 years, meets 1 or more of the following requirements— (i) has made reduced monthly payments under paragraph (2); (ii) has made monthly payments of not less than the monthly amount required under paragraph (1) of subsection (b), as such subsection was in effect on the day before the date of enactment of the Higher Education Affordability Act (iii) has made monthly payments of not less than 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; (iv) has made payments of not less than the payments required under a standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A) with a repayment period of 10 years; (v) has made payments under an income contingent repayment plan under section 455(d)(1)(D), as in effect on the day before the date that is 1 year after the date of enactment of the Higher Education Affordability Act (vi) has been in deferment due to an economic hardship described in section 435(o); (9) a borrower who is repaying an eligible loan pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under another repayment plan; and (10) the special allowance payment to a lender calculated under section 438(b)(2)(I), when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section. (c) Monthly loan payment determinations (1) Verification process (A) In general The Secretary shall establish procedures for annually determining the borrower’s monthly payment amount for income-based repayment, including verification of a borrower’s annual income and the annual amount due on the total amount of eligible loans. (B) Rule for borrowers who do not provide the additional information In the case of a borrower who has selected the income-based repayment plan and who does not submit the borrower's annual income documentation by such date as required under subparagraph (A)— (i) until the borrower submits the required documentation (but in no case for a period greater than 1 year), the borrower's monthly payment amount for an eligible loan shall be the greater of— (I) the monthly payment required under a standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A) with a repayment period of 10 years for the loan; and (II) the amount described in subsection (a)(2)(A)(ii), as calculated based on the most recent income documentation provided to the Secretary by the borrower; and (ii) no monthly payments made before the borrower has submitted the required information shall be included for purposes of loan repayment or cancellation under subsection (b)(8)(B) or the public service loan forgiveness program under section 455(m). (C) Additional procedures to consider In addition to the procedures established in this section, the Secretary shall consider, but is not limited to, the procedures established in accordance with section 455(e)(1) or in connection with income-sensitive repayment schedules under section 428(b)(9)(A)(iii) or 428C(b)(1)(E), as in effect on the day before the date that is 1 year after the date of enactment of the Higher Education Affordability Act (2) 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 amount of the borrower’s income-based repayment under this section solely on the basis of the borrower's student loan debt and adjusted gross income. (d) Automatic enrollment for delinquent borrowers (1) In general The Secretary shall establish procedures for automatically enrolling delinquent borrowers with a partial financial hardship described in subsection (a)(2)(B) into the income-based repayment plan. Such procedures shall include the following requirements: (A) Each entity with a contract to service loans under section 456, and each entity that is a lender of loans made, insured, or guaranteed under part B or any entity that provides student loan servicing for such lender, shall— (i) identify each delinquent borrower of a loan serviced or held by the entity on the date that such borrower qualifies for a partial financial hardship described in subsection (a)(2)(B); and (ii) retrieve for such borrower, using the online income verification system established under paragraph (4), the borrower's new monthly payment amount under this section. (B) In any case where an entity described in subparagraph (A) is unable to obtain information regarding the borrower's new monthly payment amount under this section, the entity shall notify the Secretary and the Secretary shall provide the entity with a determination of the new monthly payment amount for a borrower not later than 7 days after the entity's request. (C) The entity described in subparagraph (A) shall automatically enroll a borrower identified in such subparagraph into the income-based repayment plan as follows: (i) In the case of a borrower who filed a return under section 6012(a)(1) of the Internal Revenue Code of 1986 for 1 or both of the immediately preceding tax years— (I) if such borrower makes a payment equal to or greater than the new monthly payment amount determined under subparagraph (A)(ii) for the income-based repayment plan, the entity will automatically enroll the borrower in the income-based repayment program, unless the borrower requests otherwise; (II) if such borrower's new monthly payment amount provided under subparagraph (A)(ii) for the income-based repayment plan is determined to be $0, the entity will automatically enroll the borrower in the income-based repayment program, if the borrower provides consent for such enrollment, as determined through either an online agreement or a signed consent form; and (III) if such borrower does not make a payment equal to or greater than the new monthly payment amount determined under subparagraph (A)(ii) for the income-based repayment plan, the entity will not automatically enroll the borrower in the income-based repayment program. (ii) In the case of a borrower identified under subparagraph (A)(i) who was not required to file a tax return under section 6012(a)(1) of the Internal Revenue Code of 1986 for the 2 consecutive preceding tax years— (I) the entity will deem the borrower's monthly payment amount for income-based repayment to be $0 until determined otherwise through additional information; and (II) the entity will automatically enroll the borrower in the income-based repayment program if the borrower provides consent for such enrollment, as determined through either an online agreement or a signed consent form. (iii) In the case of a borrower identified under paragraph (1)(A) who failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986, for the preceding tax year, the entity will carry out the requirements described in paragraph (3)(C), including automatically enrolling the borrower in the income-based repayment program if the borrower provides consent and provides additional information, as described in such paragraph. (D) The entity described in subparagraph (A) shall provide each borrower identified with a partial financial hardship under subparagraph (A)(i), as part of the borrower's next periodic statement, a personalized statement to the borrower that— (i) informs the borrower— (I) that the borrower will be automatically enrolled into the income-based repayment plan under this section, in accordance with the procedure described in subparagraph (C) that is applicable to the borrower's case; (II) of the key terms and conditions of such repayment plan; and (III) what the borrower's new monthly payment amount under the income-based repayment plan will be for the next year; (ii) notifies the borrower of the automatic enrollment procedures described in subparagraph (C); (iii) provides a clear list of dangers associated with continued delinquency and default on eligible loans; (iv) informs the borrower that the borrower is eligible for a different monthly payment amount under the standard 10-year plan, and the estimated monthly payment amount under the standard 10-year plan; (v) informs the borrower that paying the minimum monthly payment amount under the income-based repayment plan under this section may lead to negative amortization such that if a borrower’s monthly payment does not fully cover the amount of interest owed, then the principal amount owed may increase over time and cause the borrower's loan balance to increase; and (vi) includes any other information determined to be relevant by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. (2) Standard notification format; consumer testing The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection, shall— (A) develop a standard format for the personalized statement described in paragraph (1)(D); and (B) submit for consumer testing under section 483, such standard format and any consent form or online tool required for consent of borrowers with $0 payment to participate in income-based repayment under paragraph (1)(C)(ii)(II) or (3)(B). (3) Failure to file (A) Monthly payment amount treated as $0 In the case of a borrower identified under paragraph (1)(A) who is required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and fails to file such return, the Secretary of the Treasury shall transmit to the Secretary of Education any such tax information of the individual as may be necessary to determine the appropriate monthly payment amount. If such information is unavailable or insufficient, then the monthly payment amount shall be treated as $0 until determined otherwise through additional information. (B) Borrower contact requirement A borrower whose monthly payment amount is treated as $0 due to unavailable or insufficient information, as described in subparagraph (A), shall be automatically enrolled in the income-based repayment plan under this section if the borrower— (i) provides consent for such enrollment, as determined through either an online agreement or a signed consent form; and (ii) provides the information needed to determine the appropriate monthly payment amount under the income-based repayment plan. (C) Notification The entity described in paragraph (1)(A) shall communicate to a borrower described in this paragraph of the policy described in subparagraph (A) and the requirements that the borrower must fulfill, as described in subparagraph (B), in order to enroll in the income-based repayment plan under this section if such borrower's monthly payment amount has been treated as $0 due to unavailable or insufficient information, as determined by the Secretary. Such policy and requirements shall be communicated to the borrower in plain and simple language in the next periodic statement described under paragraph (1)(D). (4) Creation of online income verification system (A) In general By not later than the date that is 1 year after the date of enactment of the Higher Education Affordability Act (B) Security The Secretary shall ensure that the online income verification system website established under subparagraph (A) is secure and that information regarding a borrower is accessible only to the lender of a loan of such borrower or the entity that is servicing a loan of such borrower. The Secretary shall ensure that no entity shall access the online income verification system website for the purposes of collections with respect to loans. (C) Prohibition of inappropriate use Any use of the online income verification system that is not for the purpose described in subparagraph (A) is prohibited and may be the basis for a claim of a violation of a contract entered into under section 456, or for an action under subsection (g) or (h) of section 432, as the case may be. (5) Appeals process The Secretary shall establish a clear and accessible process for appealing the monthly payment amount determined under the online income verification system website for a borrower identified in paragraph (1)(A) in any case where a borrower believes that the monthly payment amount is based on tax information that is incorrect. If a borrower wins such an appeal, then the Secretary shall— (A) retroactively credit the overpaid amount towards future payments; or (B) apply the overpaid amount towards the principal balance of the borrower's loans, if requested to do so by the borrower. (e) Changes to FAFSA By not later than 1 year after the date of enactment of the Higher Education Affordability Act . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 493. Extending the protections for student loans for active duty borrowers Section 493D ( 20 U.S.C. 1098f (1) in the section heading, by inserting and protections for active duty borrowers (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Use of information (1) In general The Secretary shall utilize information the Secretary receives regarding the active duty status of borrowers from the Secretary of Defense for any purpose under this title to ensure that the interest rate charged on any loan made under part D of title IV for borrowers who are subject to section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (2) SCRA interest rate limitation notice requirements The submittal by the Secretary of Defense to the Secretary of Education of information that informs the Secretary of Education that a member of the Armed Forces with a student loan under part D of title IV has been or is being called to military service (as defined in section 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 511 50 U.S.C. App. 516 50 U.S.C. App. 527 (3) Procedures Not later than 180 days after the date of enactment of the Higher Education Affordability Act . 493A. Disbursement of credit balance Part G of title IV ( 20 U.S.C. 1088 et seq. 493E. Disbursement of credit balance (a) Credit balance In this section, the term credit balance (b) Establishment of system for disbursement Not later than 3 years after the date of enactment of the Higher Education Affordability Act (c) Electronic payment system (1) In general Each institution of higher education described in subsection (b) shall establish a system for disbursement of credit balances through electronic payments to a deposit account or a general use prepaid card with the protections afforded under the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). (2) No preferred financial institution or denial or delay In carrying out the system under paragraph (1), an institution of higher education shall not— (A) require or encourage a student to select a particular financial institution to which an electronic payment under this section shall be made; or (B) deny or cause a delay in the disbursement of credit balances based on the selection by a student of a particular financial institution. (3) Waiver A public institution of higher education may seek a waiver from the Secretary of the requirements of paragraph (1) if a State or local governmental entity, or a State or local policy or procedure, prevents compliance with such requirements. The Secretary shall grant the waiver only if such institution ensures that credit balances are provided to students in a manner consistent with the goals and purposes of this section, as determined by the Secretary. (d) Distribution options (1) Pilot program The Secretary of Education, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall conduct a pilot program on providing students with the option of receiving credit balances, through the electronic payment system of the institution of higher education in accordance with subsection (c), by using the Treasury Direct Express system established under section 3336 (2) Implementation If the Secretary of Education, after conducting the pilot program described in paragraph (1), determines that allowing students with credit balances to use any option described in such paragraph is in the best interest of students, the Secretary shall take such actions as are necessary to provide any such option to students, which may include entering into agreements with the Secretary of the Treasury or other entity to implement this paragraph. . 493B. Disclosure of cohort rates based on repayment plan and deferment status Part G of title IV ( 20 U.S.C. 1088 et seq. 493F. Disclosure of cohort rates based on repayment plan and deferment status (a) Preparation and publication of additional cohort rates (1) In general Not less often than once every fiscal year, the Secretary shall prepare and publish a report that includes— (A) all of the cohort rates calculated under subsections (a) and (c) for each eligible institution participating in any program under this title; and (B) the underlying numbers and data used to calculate the cohort rates described in paragraph (1). (2) Timing and method of publication The Secretary shall publish the report described in paragraph (1)— (A) on, or as close as practicable to, the date on which the cohort default rates under section 435(m) are made available to the public; and (B) in the same report, or in a nearby location on the same website, as the report on cohort default rates required under section 435(m)(4). (b) Calculation of cohort rates for Stafford and Unsubsidized Stafford cohort borrowers (1) Identification of cohort For each fiscal year, the Secretary shall use, as the cohort for purposes of calculating the rates described in paragraph (3), the borrowers of the loans that are included in the institution's cohort for purposes of the cohort default rate calculation under section 435(m), except that a borrower of multiple loans in such cohort shall only be counted as a single borrower. (2) Calculation Not less often than once every fiscal year, the Secretary shall calculate for each eligible institution participating in any program under this title, the following rates: (A) The percentages of borrowers within each cohort in each type of deferment status described— (i) sections 427(a)(2)(C) and 428(b)(1)(M); and (ii) sections 427(a)(2)(C)(vii) and 428(b)(1)(M)(vii) (as in effect prior to the enactment of the Higher Education Amendments of 1992). (B) The percentages of borrowers within each cohort that, as of the date of the determination, have been delinquent on the loan included in the cohort for— (i) at least 30 and not more than 59 days; (ii) at least 60 and not more than 89 days; and (iii) 90 days or more. (C) Of the borrowers in the cohort that are in active repayment, the percentages of borrowers in each of the following repayment plans: (i) Standard repayment. (ii) Extended repayment, for each of the following maximum repayment periods: (I) Not more than 10 years. (II) More than 10, but not more than 12, years. (III) More than 12, but not more than 15, years. (IV) More than 15, but not more than 20, years. (V) More than 20, but not more than 25, years. (VI) More than 25, but not less than 30, years. (iii) An income contingent repayment plan authorized under section 455(e). (iv) Income-based repayment under section 493C. (v) Income-sensitive repayment under section 428(b)(9)(A)(iii) or 428C(b)(1)(E). (D) Of the borrowers in each group described in clauses (iii) through (iv) of subparagraph (D), the percentage whose outstanding balance due on the loan at the end of the year is greater than the total outstanding balance due on such loan at the beginning of the year. (c) Calculation of cohort rates for Graduate PLUS borrowers (1) In general Not less often than once every fiscal year, the Secretary shall calculate a cohort rate for Graduate PLUS borrowers for each institution by— (A) identifying the cohort of 1 or more borrowers of a loan received for attendance at the institution that— (i) is made to a graduate student under section 428B, Federal Direct PLUS Loan, or a loan under section 428C or a Federal Direct Consolidation Loan that is used to repay such loan; and (ii) that entered repayment during the second fiscal year preceding the fiscal year for which the determination is being made; and (B) using the cohort described in subparagraph (A) to calculate the graduate PLUS cohort rate under paragraph (2). (2) Calculation The graduate PLUS cohort rate under this subsection for an institution shall be calculated by determining the ratio of— (A) the number of borrowers in the cohort described in paragraph (1)(A) for the institution that have defaulted on a loan included in the cohort; to (B) the total number of borrowers in such cohort. (d) Calculation of cohort rates for parent PLUS borrowers (1) In general Not less often than once every fiscal year, the Secretary shall calculate a cohort rate for parent PLUS borrowers for each institution by— (A) identifying the cohort of borrowers for the fiscal year, in accordance with paragraph (2); and (B) using such cohort described in subparagraph (A) to calculate the parent PLUS cohort rate in accordance with paragraph (3). (2) Cohort (A) In general The cohort for an institution for purposes of this subsection shall be the borrowers of a loan under section 428B, Federal Direct PLUS Loan, or a loan under section 428C or a Federal Direct Consolidation Loan that— (i) is made on behalf of a dependent student under section 428B for attendance at the institution; and (ii) (I) for determinations made for fiscal years preceding fiscal year 2025, entered repayment during the period beginning in fiscal year 2015 and ending on September 30 of the fiscal year preceding the fiscal year for which the determination is being made; or (II) for determinations made for fiscal year 2025 and each subsequent fiscal year, entered repayment during the tenth year preceding the fiscal year for which the determination is being made. (3) Calculation The parent PLUS cohort rate under this subsection for an institution shall be calculated by determining the ratio of— (A) the number of borrowers in the cohort described in paragraph (1)(A) for the institution that have defaulted on a loan included in the cohort; to (B) the total number of borrowers in such cohort. (e) Treatment of borrowers with multiple loans A borrower with multiple loans in the same borrower repayment cohort of an institution shall be counted as a single borrower. (f) Procedures The Secretary shall carry out this section in a manner that is as similar as practicable to the manner in which the Secretary calculates the cohort default rates under section 435(m), including by using common definitions, timelines, and procedures. Such procedures shall include providing an opportunity for each institution to have a reasonable opportunity (as specified by the Secretary) to review and correct errors in the information required for the purposes of calculating the rates under this section for such institution, prior to the calculation of such rate. . 493C. Institutional reporting requirements Part G of title IV ( 20 U.S.C. 1088 et seq. 493G. Institutional reporting requirements (a) Purposes The purposes of this section are— (1) to promote better transparency of information to students and their families about postsecondary costs and outcomes while protecting student privacy in data collection; (2) to reduce the burden of data collection on institutions of higher education, including duplicative IPEDS reporting; (3) to inform institutional and program improvement at institutions of higher education; and (4) to help improve laws and policies impacting postsecondary education. (b) IPEDS data components (1) Submission of data Each institution of higher education participating in a program under this title shall submit to the Secretary student unit record data that is necessary and sufficient, as determined by the Secretary, to complete all student components of reporting required for the Integrated Postsecondary Education Data System (referred to in this section as IPEDS (2) Required data The data required to be reported to the Secretary under paragraph (1) shall include the minimum number of data elements necessary and sufficient for the fall enrollment, 12-month enrollment, completions, student financial aid and net price, graduation rates, student charges portions of IPEDS, and portions of IPEDS relating to admissions, test scores, and institutional characteristics surveys, and other surveys, as determined by the Secretary. The Secretary shall undertake data minimization efforts in collecting this data and shall aggregate the data received and report it publicly at the institutional, program-specific, and State-specific level. (3) Review (A) In general Not later than 6 months after the date of enactment of the Higher Education Affordability Act, the Secretary shall— (i) review the data collected pursuant to IPEDS to determine whether it is duplicative of the data required to be collected under this section; and (ii) establish a process by which institutions of higher education will transition to reporting data under this section in a way that reduces duplication and burden. (B) Update of review Beginning 5 years after the date of enactment of the Higher Education Affordability Act, and every 5 years thereafter or as necessary as determined by the Secretary, the Secretary shall review and update, as necessary, the categories of data that shall be submitted pursuant to paragraph (1). (4) Guidance Not later than 1 year after the date of enactment of the Higher Education Affordability Act, the Secretary shall submit to institutions of higher education— (A) guidance related to the submission of data under this section; and (B) a reasonable timeframe by which institutions of higher education shall submit the data. (5) Continuation of collection IPEDS data that is required to be collected on the day before the date of enactment of the Higher Education Affordability but is not reported into the student unit record system established under this section shall continue to be collected. (c) Establishment of new outcome metrics (1) In general Data submitted to the Secretary under subsection (b) shall be used to calculate student components of IPEDS. (2) Additional measures to be calculated by the secretary In addition to the IPEDS student component measures required to be calculated by the Secretary on the day before the date of enactment of the Higher Education Affordability Act and the data elements described in subsection (b)(2), the Secretary shall also collect the student unit record data necessary and sufficient to calculate, beginning not later than 2 years after the date of enactment of the Higher Education Affordability Act and at the certificate or degree-level, and institutional, program-specific, and State-specific level, information concerning each of the following: (A) The dollar amount and number of students receiving Federal, State, institutional and private financial aid, including grants, loans, and cumulative debt that is reported separately for undergraduate and graduate students and disaggregated by completion status. (B) Graduation, persistence, transfer rates, and still enrolled rates for all undergraduate students, reported overall and separately for first-time full-time students at entry, first-time part-time students at entry, transfer full-time students at entry and part-time transfer students at entry within 100 percent, 150 percent, and 200 percent of the normal time to graduation, including transfer rates by level of receiving institution. (C) Completion rates for master's, professional, and doctoral level students. (D) Earnings data for undergraduate and graduate students, disaggregated by completion status, for each of the following time periods: (i) 2 years after program exit. (ii) 5 years after program exit. (iii) 10 years after program exit. (E) Loan repayment rates for undergraduate and graduate students, disaggregated by completion status. (F) Enrollment in subsequent postsecondary education for undergraduate and graduate level students. (G) Any other measures determined by the Secretary, after consultation with the National Center for Education Statistics and with input from the postsecondary education community, including students, representatives from institutions of higher education, researchers, the public, and other relevant stakeholders. (3) Requirements for the student unit record data system The Secretary shall establish a student unit record data system under this section that shall— (A) establish consistent definitions and directions for institutions to follow in submitting the student unit record data required under this section; (B) determine both collection and submission requirements for this section, including the CIP codes to be used for reporting program-specific data; (C) be subject to a privacy impact assessment, as described in section 208 of the E-Government Act of 2002, before collecting information; (D) streamline and minimize the data required to be submitted under subsection (b)(2) and paragraph (2), in order to reduce duplication of reporting of information by institutions of higher education and to protect student privacy, which shall be done by working with the National Center for Education Statistics, the Office of Federal Student Aid, other offices within the Department, and other Federal agencies, as determined appropriate by the Secretary; (E) prepopulate the student unit record data system with data from existing data sources, including the National Student Loan Data System under section 485B, and ensure that such data is imported into the student unit record data system but data from the student unit record system is not exported back to the National Student Loan Data System or other existing data sources; (F) include a process, developed in collaboration with the Social Security Administration, by which— (i) the Department submits unit record lists to the Social Security Administration with instructions on how to group and aggregate the data; and (ii) the Social Security Administration, consistent with Social Security Administration privacy standards and in a way that does not reveal personally identifiable information— (I) returns, to the Department, earnings data for students attending each institution that is provided in the aggregate and disaggregated based on the programs of education attended and by type of certificate or degree earned by the graduates; and (II) aggregates the earning data for students attending institutions in order to provide institution-specific and State-specific earnings data needed by the Department for purposes of paragraph (2); and (G) allow institutions of higher education to request the system of higher education of which they are a member or the State in which they are located to report student unit record data on their behalf if such reporting fully complies with all the requirements of this section; (H) report the outcome metrics required under this subsection, disaggregated, if the number of students in such subgroup or with such status is sufficient to avoid revealing personally identifiable information about an individual student, by— (i) race and ethnicity; (ii) gender; (iii) whether and at what level the student has enrolled in a degree-granting program, certificate-granting program, or developmental education; (iv) first-time or transfer status; (v) part-time or full-time status; (vi) disability status, if applicable; (vii) receipt of a Federal Pell Grant; (viii) receipt of a loan made, insured, or guaranteed under section 428 or a Federal Direct Stafford Loan; (ix) status as a student who has received no Federal Pell Grants, no loans made, insured, or guaranteed under section 428, and no Federal Direct Stafford Loans; (x) age ranges, to be determined by the Secretary; (xi) military or veteran status; and (xii) other categories determined necessary by the Secretary; and (I) require that data required under this section be collected for all students, including undergraduate and graduate students but reported separately for undergraduate and graduate students. (d) Reporting of data (1) In general The Secretary shall use the data provided by institutions of higher education under subsections (b) and (c) only for the following: (A) Publication of such statistical reports and studies as the Secretary determines appropriate, provided that such reports do not disclose personally identifiable information to any party. The Secretary shall specifically provide public statistical reports on access, costs, financial aid, educational needs, and student outcomes that include graduation rates. (B) Management, policy planning, and oversight purposes within the Department, including research to improve Federal laws impacting postsecondary education. (C) Consumer information. (D) Providing information to institutions of higher education for institutional and program improvement. (E) To fulfill the IPEDS reporting obligations of institutions of higher education and reduce the reporting burden on institutions. (2) Public access to information The IPEDS data components and new outcome metrics collected under this section shall be included in the IPEDS Data Center at the institution and program specific level. Non-personally identifiable data shall also be available to the public and widely disseminated through electronic transfer, or other means, such as posting on the National Center for Education Statistics’ website or other relevant place in a way that does not allow for the disclosure or dissemination of any personally identifiable information and shall fully comply with rules and regulations of the National Center for Education Statistics for data access. (e) Involvement of stakeholders in developing calculation and reporting standards In carrying out this section, the Secretary shall consult extensively with institutions of higher education, State agencies of higher education, privacy advocates, education researchers, statistical experts, students and their families. (f) Privacy, security, and use of student unit record information (1) Limitations on disclosure of information Personally identifiable information maintained in the Federal student unit record data system established under this section shall only be disclosed to— (A) students whose data is contained in the system, upon request, and in connection with their own personally identifiable information; (B) institutions of higher education or their contractors (subject to paragraph (2)), to the extent that such disclosures may be required for purposes of data validation or correction regarding the data that institutions or their contractors already submitted, provided that no student-level data elements from other sources are disclosed to such institutions of higher education or their contractors; (C) employees or contractors of the Department to the extent that such disclosure is necessary for the Secretary to carry out the requirements of this section, and, in the case of contractors, subject to paragraph (2); or (D) employees or contractors of the Social Security Administration, provided that such disclosures are limited to the minimum number of data elements needed to obtain earnings data specifically authorized in this section, and that no personally identifiable information from the student unit record data system is retained by the Social Security Administration after they have provided earnings data. (2) Requirements for contracts In carrying out the requirements of this section, the Secretary and institutions of higher education may not disclose personally identifiable information from records of students to a contractor, consultant, or other third party to whom the Secretary or institution has delegated data collection and maintenance functions unless that contractor, consultant, or other third party— (A) is performing a function or task for which the Department, or institution of higher education would otherwise use employees; (B) is under the direct control of the Department or institution with respect to the use and maintenance of education records; (C) does not use the education records for any other purposes than those explicitly authorized in its contract and agrees to not re-disclose personally identifiable information to any third party; (D) uses applicable Federally mandated or industry-standard encryption technologies; (E) has sufficient administrative and technical procedures to maintain safeguards and continuously monitor the security of personally identifiable information in its custody; (F) provides training to all employees and responsible individuals, to ensure the security of education records; (G) provides to the Department or institution, an acceptable breach remediation plan prior to the initial receipt of education records; (H) reports all actual and suspected security breaches to the Department or institution that provided the education records as soon as detected; (I) in the event of a security breach or unauthorized disclosure of personally identifiable information, pay all costs and liabilities incurred by the Department or institution related to the security breach or unauthorized disclosure, including costs related to inquiries, mitigation, notification, and investigation costs; and (J) destroys or returns to the Department or institution all such personally identifiable information that has been submitted into the student unit record system upon request of the Department or institution at the termination of the contract. (3) Data audit and data governance systems In order to ensure compliance with all Federal standards of data quality and individual privacy, the student unit record data system developed under this section shall include— (A) a data audit system assessing data quality; (B) a breach audit system; (C) processes for data safeguarding; and (D) a data governance system. (4) Prohibition and unauthorized use (A) In general Individual data collected under this section shall not be used for any purpose not specifically authorized by this section. (B) No future action taken against an individual (i) In general No action of Federal authority, State authority, or local authority of any kind may be taken against an individual by utilizing the student unit record data system established under this section nor shall the student unit record data system established under this section be used— (I) for purposes of— (aa) establishing or verifying the eligibility of applicants for, or recipients or beneficiaries of, cash or in-kind assistance or payments under Federal benefit programs; or (bb) continuing compliance with statutory and regulatory requirements for such assistance or payments by such applicants, recipients, or beneficiaries; (II) for recouping payments or delinquent debts under such Federal benefit programs; or (III) to affect future educational, employment, health, civil, criminal, or other actions against an individual whose information is maintained by the student unit record data system. (ii) Exception Any data collected, stored outside of the unit record system prior to enactment of the Higher Education Affordability Act, and used for enforcement actions, including data in the National Student Loan Data System, shall continue to be used for those purposes even when duplicates of the data are included in the unit record system. (C) Guidelines The Secretary shall issue guidelines to institutions regarding the need to amend the institutions’ required annual privacy notices to reference the data collection required under this section. (D) Commercial use prohibited No data collected or maintained under this section shall sold to third parties nor used to market any products to individuals whose data is collected under this section. (5) Individual privacy and access to data Prior to implementation of this section, the Secretary shall publish for public comment proposed procedures that ensure— (A) the system developed under this section does not disclose any personally identifiable information and complies with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act (B) there is a policy on the use of data collected under this section that prevents any use of data outside of the purposes of this section. (g) Penalties for unauthorized disclosure of data Any individual who willfully discloses any personally identifiable information, including personal identifiers, provided under this section, in any manner to an entity not authorized to receive such personally identifiable information, shall be charged with a class E felony, punishable by up to 5 years in prison, a fine of $250,000, or both. (h) Website and hotline The Secretary shall establish a website and free hotline number that will provide information to students, their families, and the public about the student unit record data system established under this section to answer any questions the public may have about such system. (i) Cooperation of other Federal agencies The Commissioner of Social Security shall work with the Secretary of Education to establish a process for matching and obtaining the data required under subsection (c)(3)(E). (j) Data sovereignty The Secretary shall ensure all data maintained in the student unit record system are stored within the boundaries of the United States or in a facility owned and controlled by a contractor subject to the legal jurisdiction of the United States. . H Program integrity 496. Public disclosure of finalized accreditation documents; prohibition on pre-dispute arbitration mandates (a) Requirements for accrediting agencies or associations Section 496 ( 20 U.S.C. 1099b (1) in subsection (a)— (A) in paragraph (7), by striking and (B) in paragraph (8), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (9) such agency or association does not require any institution to enter into predispute arbitration agreements with the students of the institution; and (10) such agency or association shall comply with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 20 U.S.C. 1232g ; (2) in subsection (c)— (A) in paragraph (3)(A), by striking section 487(f) section 487(e) (B) in paragraph (8), by striking and (C) in paragraph (9)(B), by striking the period at the end and inserting ; and (D) by adding at the end the following: (10) makes available on the website of the agency or association, for each institution subject to its jurisdiction, the accreditation documents relating to academic and institutional quality, as described in subsection (o), for the most recent accreditation period. ; (3) by redesignating subsections (o) through (q) as subsections (p) through (r), respectively; and (4) by inserting after subsection (n) the following: (o) Finalized accreditation documents relating to academic and institutional quality (1) In general The finalized accreditation documents relating to academic and institutional quality that are subject to the requirements of subsection (c)(10) and section 487(a)(21) shall be any final report or analysis of the agency or association, as determined by the Secretary in consultation with the National Advisory Committee on Institutional Quality and Integrity, regarding whether an institution or program is in compliance with the standards of the agency or association, including— (A) any finalized self-study report prepared by the institution or program that includes the assessment of educational quality and the institution’s or program’s continuing efforts to improve educational quality; (B) any finalized report by the accrediting agency or association on each on-site review conducted of the institution or program (including any written response by the institution or program to such report); (C) any finalized written report by the accrediting agency or association assessing the institution or program’s compliance with the accrediting standards and the institution or program’s performance with respect to student achievement; (D) the documents required under section 496(c)(7) relating to any adverse accrediting agency or association action regarding the institution or program, including any decision of final denial, withdrawal, suspension, or termination of accreditation, placement on probation, or other adverse action, and all supporting documentation for such action; and (E) a summary by the accrediting agency or association that clearly explains to the public the overall assessment, including key concerns, of the relevant institution or program. (2) Appeals Process for Finalized Accreditation Documents The Secretary shall establish a clear and accessible process for an institution of higher education to appeal the public release of finalized accreditation documents under paragraph (1). (p) Single webpage to finalized accreditation documents (1) In general The Secretary shall establish and maintain a webpage on the website of the Department that provides a single point of access to the finalized accreditation documents relating to the academic and institutional quality that institutions of higher education are required to make available under section 487(a)(21). (2) Public explanation regarding redacted or unavailable information If the Secretary makes a decision to delay the release of the finalized accreditation documents, or to redact information from any such documents, for an institution of higher education, the Secretary shall include a public explanation of such decision on the webpage described in paragraph (1). . 497. Improved targeting of program reviews Section 498(k)(1) ( 20 U.S.C. 1099c(k)(1) section 487(f) section 487(e) 498. Program review and data Section 498A ( 20 U.S.C. 1099c–1 498A. Program review and data (a) Definitions In this section: (1) Executive compensation The term executive compensation (2) Relevant Federal agency The term relevant Federal agency (A) the Department of Education; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Bureau of Consumer Financial Protection; (E) the Federal Trade Commission; or (F) any other Federal agency that provides Federal student assistance or that the Secretary determines appropriate. (3) Relevant State entity or agency The term relevant State entity or agency (A) an appropriate State licensing or authorizing agency; (B) the attorney general (or the equivalent thereof) of the State; or (C) any other State entity or agency that the Secretary determines appropriate. (b) Program reviews for institutions participating under title IV (1) In general The Secretary— (A) is authorized to conduct program reviews, including on-site visits, of each institution of higher education participating in a program authorized under this title; and (B) shall conduct a program review under this subsection of each institution of higher education that poses a significant risk of failure to comply with this title, as described in paragraphs (2) and (3). (2) Mandatory reviews (A) In general The Secretary shall, on an annual basis, conduct program reviews of each institution of higher education participating in a program authorized under this title that meets 1 or more of the following criteria: (i) As of the date of the determination— (I) more than 15 percent of the students enrolled at the institution have received a Federal Direct Unsubsidized Stafford Loan during the previous year; and (II) the institution has a cohort default rate, as defined in section 435(m), that is more than 20 percent. (ii) As of the date of the determination— (I) the institution has a cohort default rate, as defined in section 435(m), that exceeds the national average, as determined by the Secretary in accordance with such section; and (II) the institution has an aggregate amount of defaulted loans, as determined by the Secretary, that places the institution in the highest 1 percent of institutions participating in programs authorized under this title in terms of the aggregate amount of defaulted loans. (iii) In the case of proprietary institutions of higher education, the institution received more than 80 percent of the institution’s revenues from Federal funds as defined in section 102(b)(2)(B), during the 2 most recent years for which data is available. (iv) The institution is among the top 1 percent of institutions participating in programs authorized under this title in terms of numbers or rates of complaints related to Federal student financial aid, educational practices and services, or recruiting and marketing practices, as reported in the complaint tracking system established under section 161. (v) As of the date of the determination, the institution is among the top 1 percent of institutions in terms of low graduation rates, as determined by the Secretary, of all institutions participating in programs authorized under this title. (vi) The institution spends more than 20 percent of the institution’s revenues on recruiting and marketing activities and executive compensation. (vii) In the fiscal year immediately following the most recent cohort default rate period— (I) the institution’s loan defaults increased by 50 percent or more as compared to the preceding period; and (II) more than 50 percent of the students attending the institution received loans under this title. (viii) The institution has been put on probation by, or is subject to a show cause order from, a nationally recognized accrediting agency or association that is recognized by the Secretary pursuant to part H of title IV; (ix) The institution, or an executive of the institution, has publicly acknowledged or disclosed that the institution— (I) is in violation or noncompliance with any provision of law administered by a relevant Federal agency or relevant State entity or agency; or (II) is being investigated regarding a potential violation of such provision of law. (x) The institution— (I) is a proprietary institution of higher education that has acquired a nonprofit institution of higher education at any point during the 1-year period preceding the date of the determination; or (II) was a proprietary institution of higher education and has become a nonprofit institution of higher education at any time during the 1-year period preceding the date of the determination. (B) Publication of institutions reviewed The Secretary shall— (i) post, on a publicly available website, the name of each institution of higher education that is reviewed under subparagraph (A); (ii) indicate, on such website, with respect to each such institution, which of the mandatory review criteria, as described in subparagraph (A), such institution met; and (iii) indicate on the College Navigator website of the Department, or any successor website, the name of each institution of higher education that is reviewed under subparagraph (A). (C) Institutional disclosure of review Each institution of higher education that is reviewed under subparagraph (A) shall— (i) post on the home page of the institution's website that the institution will be subject to a mandatory program review and why the institution is being reviewed and shall maintain such posting and explanation for 1 year or until the Secretary has issued its final program review report under subsection (c)(5)(C), whichever occurs sooner; (ii) provide a clear, conspicuous disclosure of the information described in clause (i) to students who inquire about admission to the institution or submit an application for admission to the institution prior to the student signing an enrollment agreement with the institution, for 1 year or until the Secretary has issued the final program review report under subsection (c)(6)(C), whichever occurs sooner; and (iii) include the information described in clause (i) on materials of acceptance or admission submitted to each student before the student enrolls in the institution, for 1 year or until the Secretary has issued the final program review report under subsection (c)(6)(C), whichever occurs sooner. (3) Risk-based reviews (A) In general The Secretary shall use a risk-based approach to select, on an annual basis not less than 2 percent of institutions of higher education participating in a program authorized under this title that are not reviewed under paragraph (2), for a program review. This approach shall prioritize program reviews of institutions that— (i) have received large increases in funding under this title during the 5-year period preceding the date of the determination; (ii) have a large proportion of overall revenue from Federal funds, as defined in section 102(b)(2)(B); (iii) have a significant fluctuation in Federal Direct Stafford Loan volume, Federal Pell Grant award volume, or any combination thereof, in the year for which the determination is made, compared to the year prior to such year, that is not accounted for by changes in the Federal Direct Stafford Loan program, the Federal Pell Grant program, or any combination thereof; (iv) have experienced sharp increases in enrollment in absolute numbers or rate of growth; (v) have high rates of defaults, relative to all other institutions of higher education participating in a program authorized under this title, for loans issued under this title over the lifetime of the loans; (vi) have a large aggregate dollar amount of loans under this title in default, or a high cohort default rate as described in section 435(m); (vii) have a high student default risk, as compared to the student default risk for all institutions participating in a program under this title; (viii) have a high proportion or high rate of complaints related to Federal student financial aid, educational practices and services, or recruiting and marketing practices, as reported in the complaint tracking system established under section 161; (ix) have extremely low graduation rates, as determined by the Secretary; (x) are in poor financial health according to financial responsibility standards described in section 498(c); (xi) are spending a large percentage of the institution's revenues on recruiting and marketing activities and executive compensation; (xii) in the case of proprietary institutions of higher education, have large profit margins and profit growth; (xiii) have been put on notice or warning by its accrediting agency; (xiv) has been found to have compliance problems under this title, or is at significant risk of failing to comply with applicable Federal or State laws, by a relevant Federal agency or a relevant State entity or agency, including the Comptroller General of the United States; (xv) has had a large amount of funds returned under section 484B; or (xvi) in the case of proprietary institutions of higher education, have experienced a change in ownership or control of the institution, including a buyout. (B) Criteria for risk-based reviews The Secretary shall publish, and update as necessary, the specific criteria that the Secretary will use to determine which institutions of higher education are selected for risk-based reviews under subparagraph (A). (4) Public disclosure of violations The Secretary shall— (A) post on the College Navigator website, or any successor website, of the Department, the name of each institution of higher education that is found to have violated a provision of this title knowingly and willfully or with gross negligence; (B) indicate on such website, with respect to each such institution, which of the provisions of this title the institution violated; and (C) maintain such posting until the date the institution of higher education rectifies the violation or the date that is 1 year after the date the Secretary issues the final program review report under subsection (c)(6)(C) with respect to such institution, whichever date is later. (5) Institutional disclosure of violations Each institution of higher education that is found to have violated a provision of this title knowingly and willfully or with gross negligence shall— (A) not later than 15 days after the date of issuance of the final program review report containing the finding, post on the home page of the institution’s website that the institution has been found to have violated a provision of this title knowingly and willfully or with gross negligence, including the provision the institution was found to have violated; (B) maintain such posting until the date the institution rectifies the violation or the date that is 1 year after the date the Secretary issues the final program review report under subsection (c)(6)(C) with respect to such institution, whichever date is later; and (C) include the information described in subparagraph (A) on materials of acceptance or admission submitted to each student before the student enrolls in the institution until the date the institution rectifies the violation or the date that is 1 year after the date the Secretary issues the final program review report under subsection (c)(6)(C) with respect to such institution, whichever date is later. (c) Characteristics of program reviews (1) Notice The Secretary may give not more than 72 hours notice to an institution of higher education that will undergo a program review pursuant to subsection (b) of such review. (2) Sharing of information The Secretary shall share all final program review determinations conducted under this section with relevant Federal agencies and relevant State entities or agencies, and appropriate accrediting agencies and associations, to enable such agencies, entities, and associations to determine the eligibility of institutions for funds or accreditation. (3) Interaction with other Federal agencies and laws To the extent practicable, the Secretary shall coordinate program reviews conducted under this section with other reviews and audits conducted by the Department, and with relevant Federal agencies and relevant State entities or agencies. (4) Violations discovered through program review (A) Violations of this title If, in the course of conducting a program review, the Secretary obtains evidence that any institution of higher education or person has engaged in conduct that may constitute a violation of this title, including a failure to fully comply with the program review process and reporting requirements under this section, the Secretary may sanction such institution or person, pursuant to section 489A. (B) Violations of other Federal laws If, in the course of conducting a program review, the Secretary obtains evidence that any institution of higher education or person has engaged in conduct that may constitute a violation of Federal law, the Secretary shall transmit such evidence to the Attorney General of the United States, the Director of the Bureau of Consumer Financial Protection, the Commissioner of the Federal Trade Commission, or the head of any other appropriate Federal agency who may institute proceedings under appropriate law. (C) Rule of construction Nothing in this paragraph shall be constructed to affect any other authority of the Secretary to disclose information. (5) Conduct of reviews When conducting program reviews under this section, the Secretary shall assess the institution of higher education's compliance with the provisions of this title. Each program review shall include, at a minimum, the following: (A) With regard to the institutional information, the Secretary shall assess financial capability, administrative capability, and program integrity, including whether the institution— (i) knowingly and willfully misused Federal student aid from any source; (ii) violated section 487(a)(20); (iii) engaged in any substantial misrepresentation or other serious violation, as defined in section 489A; or (iv) violated the program integrity regulations promulgated by the Secretary under this Act. (B) With regard to student information, the Secretary shall examine— (i) graduation rates compared with all other institutions participating in a program authorized under this title; (ii) student complaints, including interviews with current and former students, faculty and staff, and accrediting agencies; and (iii) information from the complaint data system established under section 161. (6) Administrative process (A) Training The Secretary shall provide training, including investigative training, to personnel of the Department designed to improve the quality of financial and compliance audits and program reviews conducted under this section, including instruction about appropriately and effectively conducting such audits and reviews for institutions of higher education from different sectors of higher education. (B) Carrying out program reviews In carrying out program reviews under this section, the Secretary shall— (i) establish guidelines designed to ensure uniformity of practice in the conduct of such reviews; (ii) make available to each institution of higher education participating in a program authorized under this title complete copies of all review guidelines and procedures used in program reviews, except that internal training materials for Department staff related to identifying instances of fraud, misrepresentation, or intentional noncompliance shall not be disclosed; (iii) permit an institution of higher education to correct or cure an administrative, accounting, or recordkeeping error within 90 days of the issuance of the final program review report, if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error; (iv) without sharing personally identifiable information and in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (v) provide to an institution of higher education 90 calendar days to review and respond to any program review report and relevant materials related to the report before any final program review report is issued. (C) Final program review determination (i) In general Not later than 180 calendar days after issuing a program review report under this section, the Secretary shall review and consider an institution of higher education’s response, and issue a final program review determination or audit determination. The final determination shall include— (I) a written statement addressing the institution of higher education’s response; (II) a written statement of the basis for such determination; and (III) a copy of the institution’s response. (ii) Confidentiality The Secretary shall maintain and preserve at all times the confidentiality of any program review report until a final program review determination is issued, other than to inform the relevant Federal agencies and relevant State entities or agencies, and accrediting agency or association, as required under this section. (D) Reports disclosed to the institution The Secretary shall promptly disclose each program review report and each final program review determination to the institution of higher education under review. (E) Removal of personally identifiable information Any personally identifiable information from the education records of students shall be removed from any program review report or final program review determination before the report is shared with any relevant Federal agency, State entity or agency, or accrediting agency or association. (7) Follow-up reviews after violations The Secretary shall conduct follow-up reviews of each institution of higher education that has been found in violation of a provision of this title not later than 1 year after the date of such finding. Such follow-up reviews may only assess whether the institution of higher education has corrected violations found in a previous program review or final program review determination. . I State-Federal college affordability partnership 499. State-Federal college affordability partnership Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. J State-Federal college affordability partnership 499–1. Purpose The purpose of this part is to establish a State-Federal partnership that incentivizes State investment in public higher education. 499–2. Definitions In this part: (1) Eligible State The term eligible State (2) Full-time equivalent student number The term full-time equivalent student number (3) Net State operating support The term net State operating support (A) Calculation A State's net State operating support shall be an amount that is equal to the difference resulting from the gross amount of State funds annually appropriated for public higher education operating expenses in the State; minus— (i) such appropriations that are returned to the State; (ii) State-appropriated funds derived from Federal sources, including funds provided under this part; (iii) local government funds not appropriated for operating support for public higher education; (iv) amounts that are portions of multi-year appropriations to be distributed over multiple years; (v) tuition charges remitted to the State to offset State appropriations; (vi) State funding for students in non-credit continuing or adult education courses and non-credit extension courses; (vii) sums appropriated to private nonprofit institutions of higher education, or to proprietary institutions of higher education, for capital outlay or operating expenses; and (viii) any other funds excluded under subparagraph (B). (B) Exclusions Net State operating support does not include funds for— (i) student aid programs that provide grants to students attending in-State private nonprofit institutions of higher education, in-State proprietary institutions of higher education, independent institutions, in-State public institutions, and out-of-State institutions; (ii) capital outlay; (iii) deferred maintenance; (iv) research and development; or (v) any other funds that the Secretary may exclude. (4) Net State Operating Support per FTE student The term Net State Operating Support per FTE student (A) the net State operating support for the previous fiscal year; divided by (B) the full-time equivalent student number for the previous fiscal year. (5) Public institution The term public institution section 668.15 (6) Private nonprofit institution of higher education The term private nonprofit institution of higher education (7) Proprietary institution of higher education The term proprietary institution of higher education 499–3. Authorization; use of funds (a) Authorization The Secretary shall award annual block grants to eligible States to encourage States to provide additional funding for public higher education. (b) Use of funds by States An eligible State receiving a block grant under this part shall allocate 100 percent of block grant funding to public institutions for public higher education expenditures in accordance with subsection (c). (c) Use of funds by public institutions A public institution that receives funds under this title shall— (1) use a portion of such funds to directly reduce tuition costs or mitigate the need to raise tuition and fees for students residing in the State; (2) use a portion of such funds to support the enrollment of low-income students (as measured by eligibility for Federal Pell Grants) in the institution; and (3) create a publicly available report that documents an institution’s efforts to satisfy the requirements described in paragraphs (1) and (2). (d) Prohibitions (1) No use for endowments A public institution may not use funds received under this title to increase its endowment. (2) No use for athletic or commercial venues No funds awarded under this title may be used for the modernization, renovation, or repair of stadiums or other facilities of a public institution primarily used for athletic contests or events for which admission is charged to the general public. (e) State limitations on institutions Nothing in this section shall be construed to prohibit a State from establishing additional requirements for public institutions in the State for the purpose of increasing the affordability of higher education. 499–4. Grant formula (a) Grant Formula The Secretary shall award a block grant to an eligible State for a fiscal year in an amount equal to the product of— (1) the marginal Federal match amount, as determined under subsection (b) for the fiscal year and adjusted in accordance with subsection (c); multiplied by (2) the full-time equivalent student number for the previous fiscal year. (b) Federal Match Amount The Federal match amount will be determined in accordance with the following table: Net State Operating Support Per FTE student Federal match amount per FTE student Below $2,865 No match $2,865 to $4,388 20% of the excess over $2,865 $4,389 to $5,443 $304.6, plus 30% of the excess over $4,389 $5,444 to $6,303 $620.8, plus 40% of the excess over $5,444 $6,304 to $7,449 $964.4, plus 50% of the excess over $6,304 $7,450 to $8,595 $1,536.9, plus 10% of the excess over $7,450 Above $8,595 No match above $1,651.4. (c) Adjustments based on the Maximum Federal Pell Grant Amount For each award year subsequent to 2014, the dollar amounts in the table under subsection (b) shall only be increased (rounded to the nearest dollar) by the percentage by which— (1) the maximum Pell Grant award amount for such award year, exceeds (2) $5,730. (d) Ratable Reduction If the sums made available under this part for any fiscal year are insufficient to pay the full amounts that all States are eligible to receive in accordance with this section for such year, the Secretary shall establish procedures for ratably reducing each State's award amount. 499–5. Accountability and enforcement (a) Annual Report (1) In general Beginning for the first fiscal year after a State receives a block grant under this part, the State shall prepare and submit an annual report to the Secretary, which shall include detailed information about the State's use of grant funds to increase the affordability of public higher education and increase the enrollment of low-income students (as measured by eligibility for a Federal Pell Grant). (2) Contents A report described in paragraph (1) shall— (A) describe all actions taken to incentivize public institutions to reduce tuition costs, or mitigate the need to raise tuition and fees for in-State students; (B) explain the extent to which public institutions supported the enrollment of low-income students who are eligible for Federal Pell Grants or other need-based financial assistance; (C) disclose how the State distributed the allotment provided under this part to all public institutions, and the rationale for such distribution; (D) include the aggregated graduation rates for low-income students (based on eligibility for Federal Pell Grants), part-time students, and transfer students, disaggregated by type of degree or credential; and (E) be publicly available in a manner that is easily accessible to parents, students, and consumer advocates. (b) Maintaining net State operating support per FTE student (1) In general Each State receiving an allotment under this part for a fiscal year shall— (A) ensure that the amount expended by the State, from funds derived from non-Federal sources, for net State operating support per FTE student for the preceding fiscal year was not less than the amount expended by the State for net State operating support per FTE student for the second preceding fiscal year; and (B) demonstrate the State's compliance with subparagraph (A) by providing the Secretary with a written assurance and detailed documentation. (2) Penalty If a State does not comply with paragraph (1), the State's grant award under this part shall be reduced by an amount equal to the product of— (A) the difference between— (i) the net State operating support per FTE student for the second preceding fiscal year; minus (ii) the net State operating support per FTE student for the preceding fiscal year; multiplied by (B) the full-time equivalent student number for the previous fiscal year. (c) Maintenance of Effort for State-Based Financial Aid Each State receiving an allotment under this part for a fiscal year shall, as a condition of receiving the allotment, maintain the level of State student financial aid support provided for costs associated with postsecondary education at not less than the level of such support provided for the academic year immediately preceding the year for which the State is receiving the allotment. (d) Authority To Compromise Notwithstanding subsections (b) and (c), the Secretary may waive any maintenance of support and effort requirement described in such subsections for a State if there is a clear case of a significant economic downturn in the State. Such determination shall only be made by the Secretary following a written appeal by the State that documents recent and significant decreases in economic activity in the State. 499–6. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. . V Developing Institutions 501. Rule of construction Section 501 ( 20 U.S.C. 1101 (1) in the section heading, by striking and program authority program authority; rule of construction (2) by adding at the end the following: (d) Rule of Construction Nothing in this Act shall be construed to restrict an institution from using funds provided under a section of this title for activities and uses that were authorized under such section on the day before the date of enactment of the Higher Education Affordability Act . 502. Authorized activities under part A of title V Section 503 ( 20 U.S.C. 1101b (1) by striking subsection (b) and inserting the following: (b) Authorized activities Grants awarded under this section shall be used for 1 or more of the following activities: (1) The purchase, rental, or lease of educational resources. (2) The construction, maintenance, renovation, or joint use and improvement of classrooms, libraries, laboratories, or other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings. (3) Support of faculty exchanges, faculty development, and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction. (4) Student support services, including the development and improvement of academic programs, tutoring, counseling, school sanctioned travel, and financial literacy for students and families. (5) Improving funds management, administrative management, and the acquisition of equipment for use in strengthening funds management. (6) Maintaining financial stability through establishing or developing a contributions development office or endowment fund. (7) Other activities proposed in the application submitted pursuant to section 521(b)(1) that— (A) contribute to carrying out the purposes of the program assisted under this part; and (B) are approved by the Secretary as part of the review and acceptance of such application. ; and (2) in subsection (c)— (A) in paragraph (2), by inserting 75 percent of equal to or greater than (B) by adding at the end the following: (4) Scholarship A Hispanic-serving institution that uses grant funds under this title to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution. . 503. Duration of grants under title V Section 504 ( 20 U.S.C. 1101c (c) Requirement for fourth and fifth year of funding (1) In general Before receiving funding under this title for the fourth or fifth year of the grant, each Hispanic-serving institution receiving a grant under this title shall demonstrate to the Secretary that the institution is making progress in implementing the activities described in the institution's application under section 521(b)(1) at a rate that the Secretary determines will result in the full implementation of those activities during the remainder of the grant period. (2) Consideration of data and information The Secretary shall consider any data or information provided to the Department by grantees for the continued receipt of grants under this title under paragraph (1) that is considered in accordance with regulations issued by the Secretary before the date of enactment of the Higher Education Affordability Act Higher Education Affordability Act . 504. Authorized activities under part B of title V Section 513 ( 20 U.S.C. 1102b 513. Authorized Activities Grants awarded under this part shall be used for 1 or more of the following activities: (1) The purchase, rental, or lease of educational resources. (2) The construction, maintenance, renovation, or joint use and improvement of classrooms, libraries, laboratories, or other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings. (3) Support of faculty exchanges, faculty development, and faculty fellowships to assist members of the faculty in attaining advanced degrees in their field of instruction. (4) Support for low-income postbaccalaureate students, including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of low-income students in postbaccalaureate certificate programs and postbaccalaureate degree granting programs. (5) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and postbaccalaureate degree offerings. (6) Other activities proposed in the applications submitted pursuant to section 514(a) and section 521(b)(1) that— (A) contribute to carrying out the purposes of this part; and (B) are approved by the Secretary as part of the review and acceptance of such application. . 505. Duration of grants under part B of title V Section 514 ( 20 U.S.C. 1102c (d) Requirement for fourth and fifth year of funding (1) In general Before receiving funding under this part for the fourth or fifth year of the grant, each Hispanic-serving institution receiving a grant under this part shall demonstrate to the Secretary that the institution is making progress in implementing the activities described in the institution's applications under subsection (a) and section 521(b)(1) at a rate that the Secretary determines will result in the full implementation of those activities during the remainder of the grant period. (2) Consideration of data and information The Secretary shall consider any data or information provided to the Department by grantees for the continued receipt of grants under this title under paragraph (1) that is considered in accordance with regulations issued by the Secretary before the date of enactment of the Higher Education Affordability Act Higher Education Affordability Act . 506. Waiver authority; reporting requirement; technical assistance Part C of title V ( 20 U.S.C. 1103 et seq. (1) by redesignating section 528 as section 529; and (2) by inserting after section 527 the following: 528. Technical assistance (a) In General The Secretary shall provide technical assistance, as requested, to institutions that receive grants under part A or B to assist such institutions in the use or development of student data for the purposes of supporting students’ progress and completion at such institutions. (b) Requirements In order to provide institutions with the assistance necessary to carry out this section, institutions who receive grants under part A shall report to the Secretary on— (1) the number and percentage of undergraduate students who, upon entry into the institution, matriculate into a major field of study or other program leading to a postsecondary certificate, an associate's degree, or a baccalaureate degree; (2) student persistence data for the institution's undergraduates, demonstrating how many students are continuously enrolled in the institution, which shall be measured in a manner proposed by the institution and approved by the Secretary; and (3) data on the number of undergraduate students making satisfactory academic progress, as defined in regulations promulgated by the Department at the time such data is reported. . 507. Authorizations of appropriations for developing institutions Section 529(a), as redesignated by paragraph (1) of section 506, is amended— (1) in paragraph (1), by striking $175,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years such sums as may be necessary for fiscal year 2015 and such sums as may be necessary for each of the five succeeding fiscal years (2) in paragraph (2), by striking $100,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years such sums as may be necessary for fiscal year 2015 and such sums as may be necessary for each of the five succeeding fiscal years VI International education programs 601. Technical and conforming amendment Section 631(a)(2) ( 20 U.S.C. 1132(a)(2) and 602. Authorization of appropriations for international and foreign language studies Section 610 ( 20 U.S.C. 1128b 2009 2015 603. Authorization of appropriations for business and international education programs Section 614 ( 20 U.S.C. 1130b (1) in subsection (a), by striking 2009 2015 (2) in subsection (b), by striking 2009 2015 604. Authorization of appropriations for the Institute for International Public Policy Section 629 ( 20 U.S.C. 1131f 2009 2015 605. Authorization of appropriations for the science and technology advanced foreign language education grant program Section 637(f) ( 20 U.S.C. 1132–6(f) 2009 2015 VII Graduate and postsecondary improvement programs 701. Authorization of appropriations for the Jacob K. Javits Fellowship Program Section 705 ( 20 U.S.C. 1134d $30,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 702. Authorization of appropriations for graduate assistance in areas of national need Section 716 ( 20 U.S.C. 1135e $35,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 703. Authorization of appropriations for the Thurgood Marshall Legal Educational Opportunity Program Section 721(h) ( 20 U.S.C. 1136(h) $5,000,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 704. Authorization of appropriations for Masters degree programs at historically Black colleges and universities and Predominantly Black Institutions Section 725 ( 20 U.S.C. 1136c (1) in subsection (a), by striking 2009 2015 (2) in subsection (b), by striking 2009 2015 705. Authorization of appropriations for the fund for improvement of postsecondary education Section 745 ( 20 U.S.C. 1138d 2009 2015 706. Correctly recognizing educational achievements to empower graduates Title VII ( 20 U.S.C. 1133 et seq. C Correctly Recognizing Educational Achievements To Empower Graduates 751. Purpose The purpose of this part is to award grants to States to support efforts at institutions of higher education, or within systems of higher education, to increase postsecondary degree attainment by— (1) locating, and conferring degrees to, students who have accumulated sufficient applicable postsecondary credits and maintained satisfactory academic progress to earn an associate's degree but did not receive one; (2) providing outreach to those students who are within 12 credits of earning an associate’s degree; and (3) establishing partnerships between 2-year and 4-year institutions of higher education in States, in order to strengthen the transition pathways into 4-year institutions of higher education for transfer students. 752. Grants to increase degree attainment (a) Definition of institution of higher education In this section, the term institution of higher education (b) Program authorized (1) In general From amounts appropriated under subsection (j), the Secretary shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsections (e) and (f) in order to support efforts at institutions of higher education, or within systems of higher education, to increase degree attainment. (2) Partnerships allowed A State may apply for a grant under this section in partnership with a nonprofit organization. In any such partnership, the State higher education agency or other State agency described in subsection (c)(1) shall serve as the fiscal agent for purposes of the grant. (3) Duration Grants awarded under this section shall be for a period of 3 years. (c) Submission and contents of application (1) In general The State, acting through the State higher education agency or other State agency determined appropriate by the Governor or chief executive officer of the State, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) A description of the State’s capacity to administer the grant under this section and report annually to the Secretary on the progress of the activities and services described in subsection (e). (B) A description of how the State will meet the purpose of the grant program under this part through outreach and memoranda of understanding with institutions of higher education, including the State's plan for using grant funds to meet the requirements of subsections (e) and (g) and, if the State elects to use grant funds under such subsection to create strong articulation agreements, subsection (f)(2). (C) A description of how the State will coordinate with appropriate stakeholders, including institutions of higher education, data-sharing agencies within the State, and other States. (D) A description of— (i) the structure that the State has in place to administer the activities and services described in subsection (e), including— (I) the capacity of the State's longitudinal data system to— (aa) be clean of record duplication and ensure alignment of State and institutional credit completion records; (bb) include transfer flags and course and credit data to allow the State to run initial degree audits for institutions; (cc) include all postsecondary educational institutions in the State, including public, private nonprofit, and private for-profit institutions; and (dd) have in place mechanisms to share data across institutions, systems, and States; (II) the capacity of the agency governing the State's longitudinal system to respond to data requests accurately and in a timely manner; and (III) the State's plan to protect student privacy with respect to data in the State longitudinal data system and comply with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (ii) the State's plan to develop the structure described in clause (i) as part of the activities carried out under the grant. (d) Award basis and priority The Secretary shall award grants under this section to States based on the quality of the applications submitted under subsection (c). In awarding grants under this section, the Secretary shall give priority to applications from States— (1) that do not have, as of the time of the application, statewide policies or statewide initiatives in place to retroactively award associate's degrees to students; or (2) that have a commitment to initiatives regarding the retroactive awarding of associate's degrees that will continue after the period of the grant. (e) Mandatory use of funds (1) Subgrants A State that receives a grant under this section shall use not less than 80 percent of the grant funds provided to award subgrants, on a competitive basis, to institutions of higher education or systems of higher education. Each institution or system receiving a subgrant shall carry out all of the following activities and services, pursuant to the conditions under subsection (g): (A) Identify the group of current and former students at the institution of higher education or system of higher education that, based on the data held by the institution, meet both of the following requirements: (i) Each individual has earned not less than 60 postsecondary credit hours (or the minimum required by the State to earn an associate's degree) at the institution of higher education or at an institution within the system of higher education. (ii) Each individual has not had any postsecondary degree, of any kind, issued to the student by the institution of higher education. (B) Identify a subset of the current and former students described in subparagraph (A) who have not already earned an associate's or baccalaureate degree elsewhere. (C) Perform a degree audit on each student in the subset described in subparagraph (B), and identify each such student as one of the following: (i) Eligible to obtain an associate’s degree. (ii) Eligible to obtain an associate's degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). (iii) Not eligible under either clause (i) or (ii). (D) Provide outreach to each student identified in subparagraph (C)(i), and award the earned associate's degree to such student, unless such student declines through a written or oral declaration. (E) Provide outreach to each student identified in subparagraph (C)(ii) that includes information regarding next steps toward degree attainment, including financial aid options. (2) Application process An institution of higher education or a system of higher education desiring a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include a written commitment from the institution or system of higher education that, upon receipt of a grant, the institution or system of higher education will carry out all of the activities described in paragraph (1). (3) Priority Each State awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that— (A) use an opt-out, rather than an opt-in, policy to award associate’s degrees, if such policy is permissible under applicable accreditation or State standards; (B) waive nonacademic barriers to graduation, such as swimming tests, library fines, graduation fees, or parking tickets; (C) waive or amend residency and recency requirements to prevent earned credits from expiring, if such action is permissible under accreditation or State standards; and (D) commit to, following the conclusion of the activities described in paragraph (1) and continuing after the end of the grant period— (i) conducting degree audits for each enrolled student once the student earns 45 credits; and (ii) provide information about graduation deadlines to remind students of relevant requirements at least 4 months before the students graduate and again 1 month before graduation. (f) Permissive use of funds A State receiving a grant under this section may use— (1) not more than 15 percent of the total amount received under this section for administrative purposes relating to the grant under this section, including technology needed to carry out the purposes of this part; and (2) not more than 5 percent of the total amount received under this section to create strong articulation agreements between 2-year and 4-year institutions of higher education, in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students. (g) Special conditions and prohibitions (1) Availability to students A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section. (2) Prohibited uses A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not use any grant or subgrant funds for tuition, fees, room and board, or any other purpose outside the goals of the grant. (3) FERPA requirements Each State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant, shall ensure that the outside entity complies with all requirements of section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (4) Coordination A State receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the State that are similar to the goals of this program, and with any other entities that support the existing activities in the State, with the goal of minimizing duplication. (h) Report (1) In general A State receiving a grant under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include, for each institution of higher education or system of higher education receiving a subgrant, the following information: (A) The number of students who were first identified in the group described in subsection (e)(1)(A). (B) The number of students who were removed from such group because the students had received a degree elsewhere, in accordance with subsection (e)(1)(B). (C) The number of degree audits performed under subsection (e)(1)(C). (D) The number of students identified under subsection (e)(1)(C)(i) as eligible to obtain an associate's degree. (E) The number of students identified under subsection (e)(1)(C)(ii) as eligible to obtain an associate's degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). (F) The number of students identified under subsection (e)(1)(C)(iii) as ineligible to obtain an associate's degree and ineligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). (G) The number of students awarded an associate’s degree under subsection (e)(1)(D). (H) The number of students identified in subsection (e)(1)(C)(ii) who are returning to an institution of higher education after receiving outreach described in subsection (e)(1)(E). (I) The average amount of credit hours previously earned by students described in subsection (e)(1)(C)(i) when the associate’s degrees are awarded. (J) The number of students who received outreach described in subsection (e)(1)(D) and who decline to receive the associate's degree. (K) The number of students who could not be located or reached as part of the process. (L) The reasons why students identified in subsection (e)(1)(C)(ii) did not return to an institution of higher education to receive a degree. (M) Details of any policy changes implemented as a result of implementing the activities and services and conducting the required degree audits. (2) Disaggregation The report shall include the information described in subparagraphs (A) through (L) of paragraph (1) in the aggregate and disaggregated by age, gender, race or ethnicity, status as an individual with a disability, and socioeconomic status (including status as a Federal Pell Grant recipient). (i) Enforcement provisions (1) Recovery or withholding The Secretary may, after notice and an opportunity for a hearing in accordance with chapter 5 of title 5, United States Code— (A) withhold funds provided under a grant or subgrant under this section if a State system of higher education or an institution of higher education is failing to comply substantially with the requirements of this section; or (B) take actions to recover funds provided under a grant or subgrant under this section, if the State system of higher education or an institution of higher education made an unallowable expense, or otherwise failed to discharge its responsibility to properly account for funds. (2) Use of recovered or unused funds Any funds recovered or withheld under paragraph (1) shall— (A) be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section; and (B) remain available until expended for any purpose of that account authorized by law that relates to the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 2 succeeding fiscal years. . 707. Authorization of appropriations for demonstration projects to support postsecondary faculty, staff, and administrators in educating students with disabilities Section 765 ( 20 U.S.C. 1140e 2009 2015 708. Authorization of appropriations for transition programs for students with intellectual disabilities Section 769 ( 20 U.S.C. 1140i 2009 2015 709. Authorization of appropriations for the Commission on Accessible Materials and programs to support improved access to materials Section 775 ( 20 U.S.C. 1140o 2009 2015 710. Authorization of appropriations for the National Technical Assistance Center; Coordinating Center Section 778 ( 20 U.S.C. 1140r 2009 2015 711. First in the world competitive grant program Title VII ( 20 U.S.C. 1133 et seq. F First in the world competitive grant program 783. Purpose The purpose of this part is— (1) to help institutions of higher education implement innovative strategies and practices shown to be effective in improving educational outcomes and making postsecondary education more affordable for students and families; (2) to raise the percentage of individuals in the United States who have a degree from an institution of higher education or another postsecondary credential by 2020; and (3) to develop an evidence base of effective practices for ensuring that more students can access, persist in, and complete postsecondary education. 784. Program authorized (a) Eligible entity defined In this part eligible entity (1) a nonprofit institution of higher education; (2) a consortium of nonprofit institutions of higher education; or (3) a nonprofit institution described in paragraph (1), or a consortium described in paragraph (2), in partnership with 1 or more public or private organizations. (b) Program authorized From amounts appropriated under section 791, the Secretary shall award grants, on a competitive basis and in accordance with subsection (d), to eligible entities to enable such eligible entities to support the activities described in section 786. (c) Duration of grants Grants awarded under this part shall be for a period of not more than 5 years. (d) Limitation An eligible entity shall not be awarded more than 1 grant for each grant competition. 785. Application; standards of evidence; priority (a) Application Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including, at a minimum— (1) a description of— (A) the project for which the eligible entity is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under subsection (b); (B) the student population to be served and how the proposed project will meet the needs of those students; (C) the resources and capacity of the eligible entity to carry out the proposed project; (D) the replicable and scalable reform strategies the eligible entity will implement; (E) the eligible entity’s plan for continuing the proposed project after the eligible entity no longer receives funding under this part; (F) the eligible entity’s plans for independently evaluating the effectiveness of activities carried out under the grant, including evaluating whether the strategies that the eligible entity implements are showing evidence of effectiveness; and (G) the eligible entity’s data collection plan; (2) an estimate of the number of students that the eligible entity plans to serve under the proposed project, including the percentage of those students who are from low-income families; (3) an assurance that the eligible entity will— (A) cooperate with evaluations, as requested by the Secretary; and (B) make data available to third parties for validation and further study; and (4) if applicable, a description of the partnership the eligible entity has established with 1 or more public or private organizations for the purpose of carrying out activities under the grant. (b) Standards of Evidence (1) In General The Secretary shall establish standards for the quality of evidence that an applicant shall provide in accordance with subsection (a)(1)(A) in order to demonstrate that the project the applicant proposes to carry out with the funds under this part is likely to succeed in improving student outcomes according to the performance measures described in section 787. These standards shall include the following: (A) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes, including postsecondary enrollment rates, postsecondary persistence rates, and postsecondary completion rates. (B) Moderate evidence that the activities proposed by the applicant will improve such student outcomes. (C) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve such student outcomes. (2) Support for new standards Subject to paragraph (3), the Secretary shall ensure that not less than one-half of the funds awarded under this part are awarded for projects that— (A) meet a standard of evidence described in subparagraph (B) or (C) of paragraph (1); and (B) do not meet the evidence standard described in subparagraph (A) of such paragraph. (3) Exception The Secretary shall not be required to meet the requirement described in paragraph (2) unless a sufficient number of otherwise high quality applications are received. (c) Priority In awarding grants under this part, the Secretary shall give priority to applicants that plan to— (1) implement interventions that result in measurable increases in the number of low-income students who— (A) enroll and persist in postsecondary education; and (B) complete a postsecondary degree or certificate; (2) implement a systemwide design that would have positive effects on low-income students; (3) increase successful transfers of low-income students into higher level programs, such as from a certificate program to an associate's degree program or from an associate's degree program to a bachelor’s degree program; (4) increase enrollment and completion rates for degrees or certificates in the fields of science, technology, engineering, and mathematics for students from groups that are historically underrepresented in those fields, including minorities and women, by implementing new and substantially different strategies; (5) design and implement new and innovative approaches to reduce the time it takes for students to complete a program of study and earn a postsecondary degree or certificate; (6) design and implement new and innovative strategies to contain the cost of education for students and families pursuing higher education; and (7) develop cross-system partnerships among workforce, adult education, career and technical education, postsecondary education, human service agencies, and others. 786. Uses of funds Each eligible entity that receives funds under this part shall use such funds to carry out 1 or more of the following activities: (1) Designing innovative approaches to teaching and learning that are designed to produce better outcomes for postsecondary students. (2) Implementing promising practices that accelerate the pace and success rate at which students who need remedial coursework move into credit-bearing coursework and toward a degree or certificate. (3) Establishing open postsecondary degree pathways that— (A) are offered to students at low cost or no cost; (B) are offered in fields that focus on the education and skills employers are seeking; and (C) have the potential to deliver high quality learning experiences and outcomes. (4) Redesigning courses and programs of study that improve student learning at lower costs than traditional courses. (5) Developing innovative student services approaches that address financial barriers to college completion, such as access to comprehensive financial supports (including tax credits and Federal, State, and local benefits programs), financial literacy, workforce development, and legal services. (6) Any other innovative program or strategy approved by the Secretary. 787. Performance measures (a) Establishment of performance measures The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee’s progress in improving postsecondary education access, affordability, and completion— (1) for all students served by the grantee; and (2) for students served by the grantee, disaggregated on the basis of race and ethnicity, gender, and status as a recipient of a Federal Pell Grant. (b) Performance measures included The performance measures described in subsection (a) shall include the following: (1) Postsecondary enrollment rates. (2) Persistence from semester to semester and year to year. (3) On-time graduation rates. (4) Any other indicator determined by the Secretary or grantee. 788. Reporting requirement Each eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes— (1) information about the eligible entity's progress as measured by the performance measures established under section 787; (2) data relating to such performance measures; (3) the evaluation required in accordance with section 785(a)(1)(F); and (4) any additional information that the Secretary may require. 789. Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, evaluate the implementation and impact of activities supported under this part; and (2) disseminate research on best practices relating to those activities. 790. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. 791. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. . 712. Dual enrollment and early college high school programs Title VII ( 20 U.S.C. 1134 et seq. G Dual enrollment and early college high school programs 793. Dual enrollment programs and early college high school programs (a) Purpose The purpose of this section is to help expand access to, and improve the quality of, dual enrollment programs and early college high school programs. (b) Definitions In this section: (1) Applied learning The term applied learning (A) engages students in opportunities to apply rigorous academic content aligned with postsecondary-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and (B) develops students' cognitive competencies and pertinent employability skills. (2) Dual enrollment program The term dual enrollment program (3) Early college high school program The term early college high school program (4) Eligible entity The term eligible entity (A) shall include— (i) a high-need local educational agency or a high-need high school; and (ii) an institution of higher education operating in the same State as the high-need local educational agency or high-need school; and (B) may include— (i) a consortium of entities described in clauses (i) and (ii) of subparagraph (A); and (ii) a nonprofit or community-based organization with demonstrated expertise in serving low-income students and traditionally underrepresented students. (5) Foster care youth The term foster care youth (A) youth whose care and placement is the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the child; and (B) includes individuals whose care and placement was the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (6) High-need local educational agency The term high-need local educational agency (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or (C) that is in the highest quartile of local educational agencies in the State, based on student poverty. (7) High-need high school The term high-need high school (8) High school graduation rate The term high school graduation rate four-year adjusted cohort graduation rate section 200.19(b)(1)(i)(A) extended-year adjusted cohort graduation rate section 200.19(b)(1)(v)(A) (9) Institution of higher education The term institution of higher education (10) Low-income student The term low-income student (A) is eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act; (B) is eligible for, or is a member of a family eligible for, means tested benefits or public assistance at the Federal, State, or local level; or (C) lives in a high-poverty area or attends a secondary school that serves students in a high-poverty area. (11) Personalized graduation and college plan The term personalized graduation and college plan (A) Sets postsecondary education and career goals. (B) Develops a course-taking schedule to meet graduation requirements. (C) As appropriate, outlines academic and non-academic supports that are needed to successfully achieve goals and graduate college and career ready. (D) Allows the student and family to track progress toward goals and graduation requirements. (12) Regular high school diploma The term regular high school diploma (13) Traditionally underrepresented student The term traditionally underrepresented student (A) (i) is a low-income student; and (ii) (I) is a first generation college student, as defined in section 402A(h); (II) has a dependent; (III) is employed for not less than 25 hours a week; or (IV) left secondary school without a regular high school diploma or its equivalent; (B) is or has been a homeless child or youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (C) is a foster care youth; (D) is an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (E) is a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act; or (F) has been adjudicated in the juvenile or criminal justice system. (c) Program authorized (1) In general The Secretary shall make grants, from allotments determined under paragraph (3), to States to enable the States to award subgrants to eligible entities to support dual enrollment programs and early college high school programs. (2) Reservations (A) Technical assistance The Secretary shall reserve not more than 5 percent of the total amount appropriated to carry out this section for each fiscal year to provide technical assistance to States and eligible entities awarded grants and subgrants under this section and to evaluate the grant program established under this section. (B) BIE and Outlying Areas The Secretary shall reserve 1 percent of the total amount appropriated to carry out this section for each fiscal year for the Secretary of the Interior for programs under this section in schools operated or funded by the Bureau of Indian Education and for outlying areas (as defined under the Elementary and Secondary Education Act of 1965). (C) Limitation Funds allotted for the Commonwealth of Puerto Rico shall not exceed 0.5 percent of the total amount available to States to carry out this section. (3) Determination of allotment From the total amount appropriated to carry out this section for a fiscal year and not reserved under paragraph (2) and except as provided in paragraph (4), the Secretary shall allot to each State the sum of— (A) an amount that bears the same relationship to 65 percent of such total amount minus the reserved amount as the number of low-income students in grades 9 through 12 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such students in all States, as so determined; and (B) an amount that bears the same relationship to 35 percent of such total amount minus the reserved amount as the number of students in grades 9 through 12 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such students in all States, as so determined. (4) Minimum allotment The allotment for each State under paragraph (3) for a fiscal year shall be an amount that is not less than 0.5 percent of the total amount available to States for such fiscal year to carry out this section. (5) Subgrant duration A subgrant awarded under this section shall be for a 5-year period. (d) Applications (1) In general A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under paragraph (1) shall include the following: (A) A description of a comprehensive statewide plan for improving access to dual enrollment programs and early college high school programs, improving the completion rates and quality of such programs, and the level of postsecondary credit earned by participants in such programs among low-income students and traditionally underrepresented students. (B) A coherent strategy for using grant funds provided under this section with other Federal, State, and local funds to— (i) increase access to dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students; (ii) increase completion rates of dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students; (iii) implement appropriate secondary and postsecondary supports for low-income students and traditionally underrepresented students; and (iv) continuously improve the quality of such programs. (C) Evidence of collaboration among the State, the State educational agency, local educational agencies in the State, teachers, institutions of higher education in the State, workforce development partners, and other stakeholders in developing and implementing the plan under subparagraph (A). (D) How the State and eligible entities receiving subgrants under this section will recruit low-income students and traditionally underrepresented students to participate in dual enrollment programs and early college high school programs funded under the grant. (E) An assurance that the State and eligible entities receiving subgrants under this section will track and report the performance measures described in subsection (g). (F) Documentation of the record of the State, or eligible entity, as applicable, in areas to be measured by the performance measures under subsection (g). (G) An assurance that the State has taken and will take steps to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of the State’s plan under subparagraph (A). (H) A description of how the State and eligible entities receiving subgrants under this section will sustain the activities proposed after the grant period ends. (I) An assurance that the State will require each eligible entity, on behalf of a dual enrollment program or early college high school program that receives funds under a grant awarded under this section, to enter into an articulation agreement with other public institutions of higher education that are located in the State in which an institution of higher education that is part of an eligible entity is located. Such articulation agreements shall be developed in consultation with educators at institutions of higher education and secondary schools. Such articulation agreement shall guarantee— (i) that students who earn postsecondary credit as part of a dual enrollment program or early college high school program will be able to transfer those credits to— (I) any public institution of higher education in the State, and that such credits will count toward meeting specific degree or certificate requirements; and (II) any private nonprofit institution of higher education that chooses to participate in an articulation agreement; (ii) that common course numbering is used to identify substantially similar courses; (iii) that credits are recognized throughout the system of higher education in the State and count as credits earned for both a regular high school diploma and credit for a degree or certificate program at a public institution of higher education in the State and at any private nonprofit institution of higher education that chooses to participate; and (iv) that if a student earns an associate’s degree as part of a dual enrollment program or early college program, that associate's degree, awarded by the participating institution of higher education in the State, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State. (J) An assurance that the State will require all public institutions of higher education in the State to establish credit transfer policies and articulation agreements with each other so that students can seamlessly transfer among such institutions of higher education and private nonprofit institutions of higher education if such private nonprofit institutions of higher education choose to participate. (K) A formal commitment from the institutions of higher education participating in the program that students will not be required to pay tuition and fees, room and board, or fees for books and materials for any courses in dual enrollment programs or early college high school programs. (L) A plan to address the unique circumstances facing rural students and students with transportation barriers who wish to participate in dual enrollment programs and early college high school programs, including difficulties in providing such students with the opportunity to participate at campuses of institutions of higher education. (M) An assurance that the State will develop a plan to increase enrollment in, persistence through, and completion of postsecondary education among low-income students and traditionally underrepresented students throughout the State through the use of dual enrollment programs and early college high school programs. (N) An assurance that the State has enacted funding models that ensure that local educational agencies and institutions of higher education that participate in dual enrollment programs and early college high school programs do not lose per-pupil or full-time equivalent funding for participating students. (3) Applications for subgrants An eligible entity that desires to receive a subgrant under this section shall submit to a State an application at such time, in such manner, and accompanied by such information as the State may require, including, at a minimum— (A) a coherent strategy for using subgrant funds provided under this section with other Federal, State, and local funds to— (i) increase access to dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students; (ii) increase completion rates of dual enrollment programs and early college high school programs among low-income students and traditionally underrepresented students; and (iii) continuously improve the quality of such programs; (B) a description of how the eligible entity will conduct an outreach strategy to ensure that secondary school students, their families, young people who have dropped out of school, low-income students, traditionally underrepresented students, and community members are aware of early college high school programs and dual enrollment programs, which shall include information on— (i) deadlines for enrolling in the early college high school program or dual enrollment program for the following school year; (ii) the courses that will be available to students; (iii) the secondary school and postsecondary credit or credentials that can be earned from available courses; (iv) as appropriate, the similarities and differences between early college high school programs and dual enrollment programs; (v) after the first year of implementation, achievement outcomes (such as number of course credits earned) of students participating in the early college high school program or dual enrollment program; and (vi) as soon as practicable as determined by the Secretary, outcomes on the performance measures described under subsection (g) of students participating in the early college high school program or dual enrollment program; (C) a description of the ongoing feedback process between the participating institutions of higher education and the participating local educational agencies, including— (i) the provision of academic outcome data, including the disaggregation of such data by student subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965, from the institution to the local educational agency, on the remediation needs of incoming students; and (ii) a description of how that information is used by the local educational agency to strengthen instruction and reduce the need for postsecondary remediation; (D) an assurance that instructors teaching postsecondary courses in dual enrollment programs and early college high school programs meet the same standards for faculty established at the participating institutions of higher education; (E) a description of the academic and social support services that will be provided to participating students, including academic counseling and guidance on the financial aid process; (F) an assurance that the eligible entity will establish polices that— (i) maximize, to the extent practicable and taking into account the geography of the region, the number of dual enrollment program and early college high school program students on the campuses of institutions of higher education and in classrooms with postsecondary students, and dual enrollment program and early college high school program courses taught by professors of the institutions of higher education; and (ii) in any case where providing courses of the dual enrollment program or early college high school program on a campus of an institution of higher education is not practicable, ensure that each course of the dual enrollment program or early college high school program that is taught in secondary schools is— (I) developed in collaboration with an institution of higher education; (II) fully comparable with the courses offered on the campus of the institution of higher education; (III) augmented with campus experiences when reasonably achievable; and (IV) taught by a faculty member from the partner institution of higher education, where practicable, or, if not practicable, by an instructor who is selected, supervised, and evaluated by the institution of higher education; and (G) an assurance that the eligible entity will provide access to a dual enrollment program or early college high school program to all students, including low-income students and traditionally underrepresented students in the area or school. (e) Uses of funds (1) Required State uses of funds (A) In General The State may reserve not more than 5 percent of the total amount allotted to carry out this section for each fiscal year to carry out the requirements of clauses (ii) through (vi) of subparagraph (B). The remaining amount shall be used to award subgrants to eligible entities in the State. (B) State uses of funds A State that receives a grant under this section shall carry out the following: (i) Award subgrants to eligible entities to enable the entities to support dual enrollment programs and early college high school programs. (ii) Design and implement a statewide strategy for dual enrollment programs and early college high school programs for low-income students and traditionally underrepresented students in higher education to ensure such programs are offered free of charge to students. (iii) Establish articulation agreements and credit transfer policies. (iv) Develop common college success courses for low-income students and traditionally underrepresented students enrolled in dual enrollment programs and early college high school programs. (v) Collect data for program improvement and reporting of performance measures as described in subsection (g). (vi) Provide technical assistance to dual enrollment programs and early college high school programs, which may include providing such assistance through a nonprofit organization with expertise in such programs. (2) Required local uses of funds An eligible entity that receives a subgrant under this section shall carry out the following: (A) Support dual enrollment programs and early college high school programs in the schools served by the high-need local educational agency. (B) Develop a personalized graduation and college plan for each student participating in a dual enrollment program or early college high school program funded by the subgrant. (C) Enter into the articulation agreement described in subsection (d)(2)(I). (D) Carry out outreach programs to elementary school students, secondary school students, low-income students, traditionally underrepresented students, youth who have dropped out of school, and their parents and families to ensure awareness of dual enrollment programs and early college high school programs and the ability to earn college credit while in secondary school and to reengage dropouts in school. Such programs may be carried out in partnership with a nonprofit or community-based organization. (E) Provide academic and social support services to students, including counseling activities, tutoring, and postsecondary education readiness activities such as assistance with the Federal financial aid application process. (F) Collect data for program improvement and reporting of performance measures as described in subsection (g). (G) Implement applied learning opportunities. (H) Develop coordinated activities between institutions of higher education and local educational agencies, including academic calendars, provision of student services, and curriculum development. (I) Pay for tuition and fees, transportation, and fees for books and materials. (J) Provide students with information about how the credits they earn through participating in dual enrollment programs and early college high school programs will be transferred to an institution of higher education. (3) Permissive uses of funds A State that receives a grant under this section or an eligible entity that receives a subgrant under this section may provide— (A) professional development, including joint professional development, for secondary and postsecondary instructors of courses in a dual enrollment program or early college high school program; or (B) extended learning time opportunities for students participating in dual enrollment programs and early college high school programs. (4) Priorities In awarding subgrants under this subsection, a State— (A) shall— (i) give priority to eligible entities that include a high-need local educational agency that serves students not less than 60 percent of whom are low-income students or traditionally underrepresented students; or (ii) give priority to eligible entities that include a high-need high school that demonstrates sufficient support and academic services in place to help participating students persist and complete a dual enrollment program or early college high school program; and (B) may give a priority to eligible entities that— (i) develop innovative strategies for expanding access to dual enrollment programs and early college high school programs for low-income students and traditionally underrepresented students, and increasing the number of those students that complete such programs; and (ii) demonstrate how the entity will sustain funding for dual enrollment programs or early college high school programs after the grant period ends. (f) Matching requirements (1) State matching requirement A State receiving a grant under this section shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 50 percent of the grant funds awarded under this section. (2) Eligible entity matching requirement A State receiving a grant under this section shall require each eligible entity that receives a subgrant under this section to provide, from non-Federal sources, in cash or in-kind, an amount equal to not less than 25 percent of the amount of subgrant funds awarded to that eligible entity. (g) Performance measures (1) In general The Secretary shall, prior to awarding grants under this section, establish performance measures for the programs and activities carried out under grants and subgrants awarded under this section. The Secretary shall ensure that the performance measures are made available to potential applicants prior to seeking applications for grants under this section. (2) Monitoring progress The performance measures established under paragraph (1), at a minimum, shall collect data on the progress of grantees and subgrantees in improving the outcomes described in paragraph (3) for all students participating in dual enrollment programs or early college high school programs funded with a grant or subgrant under this section. This data shall be disaggregated according to the categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965. (3) Outcomes The performance measures shall measure the progress of grantees and subgrantees in achieving the following outcomes: (A) Increasing high school graduation rates. (B) Increasing dropout recovery (re-entry) rates. (C) Decreasing the percentage of students with less than a 90 percent attendance rate. (D) Increasing the percentage of students who have on-time credit accumulation at the end of each grade. (E) Increasing annual, average attendance rates. (F) Reducing the need for remediation in postsecondary education. (G) Increasing enrollment rates at institutions of higher education. (H) Increasing postsecondary education persistence and completion rates. (I) Increasing the rate at which students complete postsecondary education. (J) Measured increases in enrollment in dual enrollment programs and early college high school programs. (K) Increasing the percentage of students who successfully complete and earn a minimum of 12 credits for rigorous postsecondary education courses while attending a secondary school. (L) Increasing the percentage of students who earn postsecondary credit and successfully have such credit accepted by an institution of higher education toward a degree or certificate. (h) Reporting (1) State reports Each State that receives a grant under this section shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes— (A) information about the State's progress on the performance measures established under subsection (g) and the data supporting that progress; and (B) information submitted to the State from the eligible entities, as described in paragraph (2). (2) Eligible entity reports Each eligible entity that receives a subgrant under this section shall submit to the State, at such time and in such manner as the State may require, an annual report that includes information about the entity's progress on the performance measures established under subsection (g) and the data supporting that progress, at such time and in such manner as the State may require. (i) Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, evaluate the implementation and impact of activities supported under this section; and (2) disseminate research on best practices. (j) Supplement, not supplant A State or eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for activities described in this section, and not to supplant such funds. (k) Authorization There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. . 713. Minority-serving institutions innovation fund Title VII ( 20 U.S.C. 1134 et seq. H Minority-serving institutions innovation fund 795. Purpose It is the purpose of this part to assist minority-serving institutions in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from minority-serving institutions, including initiatives designed to— (1) improve student achievement at minority-serving institutions; (2) increase successful recruitment at minority-serving institutions of— (A) students from low-income families of all races; (B) adults; and (C) military-affiliated students; (3) increase the rate at which students enrolled in minority-serving institutions make adequate or accelerated progress towards graduation and successfully graduate from such institutions; (4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at minority-serving institutions and pursuing graduate work in such fields; (5) enhance the quality of teacher preparation programs offered by minority-serving institutions; (6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and (7) expand the effective use of technology at minority-serving institutions. 795A. Definitions In this part the term eligible entity (1) an institution that is eligible for the receipt of funds under the programs authorized under title III or V of this Act; or (2) a consortium that includes an institution described in paragraph (1) and— (A) one or more other institutions of higher education; (B) one or more nonprofit organizations; or (C) one or more local educational agencies. 795B. Grants authorized (a) In general From funds made available for this part under section 795F, the Secretary shall award competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. (b) Planning grants (1) Duration A planning grant authorized under this subsection shall be for a 1-year period. (2) Grant amounts Each planning grant authorized under this subsection shall be an amount that is not more than $100,000. (c) Implementation grants (1) In general From funds made available for this part under section 795F, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part. (2) Duration An implementation grant authorized under this subsection shall be for a 5-year period. Grant funding after the first 3 years shall be conditional upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 795E, as determined by the Secretary. (3) Grant amount Each implementation grant authorized under this subsection shall be an amount that is not more than $10,000,000. (d) Consortium entities (1) Fiscal agent In the case of an eligible entity that applies for a grant under this part as a consortium, each member of the consortium comprising the eligible entity shall sign a written agreement designating 1 member of the consortium to serve as the fiscal agent of the eligible entity and act on behalf of the eligible entity in performing the financial duties of the eligible entity. (2) Subgrants The fiscal agent for an eligible entity (as described in paragraph (1)) may award subgrants to another member of the consortium that comprises that eligible entity. (e) Federal share (1) Planning grants The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. (2) Implementation grants (A) In general The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. (B) Remaining cost An eligible entity that receives an implementation grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in-kind. 795C. Applications (a) In general An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Consortium entities An application under this section for a planning grant or an implementation grant by an eligible entity applying for a grant under this part as a consortium shall include the written agreement described in section 795B(d). (c) Planning grants The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 795B(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of 1 or more educational innovations that address the purpose of this part as described in section 795. (d) Implementation grants An application under this section for an implementation grant authorized under section 795B(c) shall include, in addition to the requirement under subsection (b), a description of— (1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including a description of the evidence supporting the effectiveness of each such innovation; (2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 795, and how each such innovation will further the institutional or organizational mission of the eligible entity and any institution or organization that is a member of a consortium comprising the eligible entity; (3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application a description of the activities that each member of the consortium will carry out and a description of the capacity of each member of the consortium to carry out such activities; (4) the performance measures that the eligible entity will use to track the eligible entity's progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to activities, as needed, over the course of the grant period; (5) how the eligible entity will provide the amount required under section 795B(e)(2)(B); (6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes— (A) an interim report evaluating the progress made in the first 3 years of the grant; and (B) a final report to be completed at the end of the grant period; and (7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. 795D. Priority In awarding grants under this part, the Secretary shall give priority— (1) first to applications from eligible entities that include institutions— (A) that serve a high percentage of students that are eligible to receive a Federal Pell Grant; and (B) that have endowment funds the market value of which, per full-time equivalent student, is less than the average current market value of the endowment funds, per full-time equivalent student at other applicant institutions; (2) next, to applications that seek to address issues of major national need, including— (A) educational innovations designed to increase the rate of postsecondary degree attainment for populations within minority groups that have low relative rates of postsecondary degree attainment, including African-American males who attain a postsecondary degree; (B) innovative partnerships between minority-serving institutions and local educational agencies that are designed to increase the enrollment and successful completion of postsecondary education for populations that have been historically underrepresented in higher education; (C) educational innovations that bring together the resources of minority-serving institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; (D) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and (E) educational innovations described in paragraphs (3) and (6) of section 795E(b). 795E. Use of funds (a) Planning grants An eligible entity receiving a planning grant authorized under section 795B(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes— (1) an assessment of the needs of the minority-serving institution and, in the case of an eligible entity applying as a consortium, the needs of each member of the consortium; (2) research on educational innovations, consistent with the purpose of this part as described in section 795, to meet the needs described in paragraph (1); (3) the selection of 1 or more educational innovations to be implemented; (4) an assessment of the capacity of the minority-serving institution and, in the case of an eligible entity applying as a consortium, the capacity of each member of the consortium, to implement each such educational innovation; and (5) activities to further develop such capacity. (b) Implementation grants An eligible entity receiving an implementation grant under section 795B(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 795, such as educational innovations designed to— (1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence-based redesign of such coursework) and pursue and succeed in postsecondary studies; (2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high-achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); (3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; (4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; (5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; (6) enhance the quality of teacher preparation programs at minority-serving institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; (7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and (8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). 795F. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part. . 714. State competitive grant program for reforms to improve higher education persistence and completion Title VII ( 20 U.S.C. 1133 et seq. I State competitive grant program for reforms to improve higher education persistence and completion 796. Purpose The purpose of this part is to provide incentives for States to implement comprehensive reforms and innovative strategies that are designed to lead to— (1) significant improvements in postsecondary outcomes for traditionally underrepresented students, including improvements in postsecondary enrollment, persistence, and completion by 2020; (2) reductions in the need for remedial education for postsecondary students; (3) increased alignment between elementary and secondary education, postsecondary education, and workforce systems; and (4) innovation in postsecondary education. 796A. Definitions In this part: (1) Dual enrollment program The term dual enrollment program (2) Early college high school program The term early college high school program (3) Low income student The term low income student (A) with respect to an elementary school or secondary school student, a student who— (i) is eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) is eligible for or is a member of a family eligible for means tested benefits or public assistance at the Federal, State, or local level; or (iii) lives in a high-poverty area or attends a secondary school that serves students in a high-poverty area; or (B) with respect to a postsecondary student, a student who— (i) is eligible for a Federal Pell Grant under section 401; or (ii) is eligible for means-tested benefits or public assistance at the Federal, State, or local level. (4) Persist The term persist (5) Traditionally underrepresented student The term traditionally underrepresented student (A) is a low-income student and— (i) is a first generation college student, as defined in section 402A(h); (ii) has a dependent; (iii) is employed for not less than 25 hours a week; (iv) has taken 2 or more developmental education courses; or (v) left high school without a regular high school diploma or its equivalent; (B) is or has been a homeless child or youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a (C) is a foster care youth; (D) is an individual with a disability, as defined in section 3 of the Americans with Disabilities Act ( 42 U.S.C. 12102 (E) is a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act; or (F) has been adjudicated in the juvenile or criminal justice system. 796B. State grant program authorized (a) Reservation of funds From amounts made available to carry out this part for a fiscal year, the Secretary may reserve not more than 2 percent to carry out activities in accordance with this part related to technical assistance, evaluation, outreach, and dissemination. (b) Program authorized (1) In general From amounts made available to carry out this part and not reserved under subsection (a), the Secretary shall award planning or implementation grants under this part, in such a manner as to achieve an equitable distribution of grant funds throughout the United States, to States to enable the States to plan or implement comprehensive reforms and innovative strategies to improve postsecondary outcomes for all students, especially low-income and traditionally underrepresented students. (2) Planning and implementation grants As described in paragraph (1), the Secretary shall award grants to States for the purpose described in section 796 by— (A) awarding planning grants, on a competitive basis, to States to enable such States to develop the comprehensive State plan described in section 796D to increase postsecondary education enrollment, persistence, and attainment by 2020; and (B) awarding implementation grants, on a competitive basis, to States to enable such States to implement the comprehensive State plan described in section 796D. (3) Limitations (A) Limit on number of grants A State may receive only 1 planning grant, and only 1 implementation grant, under this section. (B) Limit on number of planning grants The Secretary may elect to limit the number and amount of planning grants awarded under this section during a grant period, if the Secretary determines it would best promote the purposes of this part. (4) Duration (A) Planning grant Each planning grant awarded under this part shall be for a period of not more than 24 months. (B) Implementation grant Each implementation grant awarded under this part shall be for a period of not more than 5 years. (C) Requirements for additional funding Before receiving funding for an implementation grant for the third or any subsequent year of the grant, the State receiving the grant shall demonstrate to the Secretary that the State is— (i) making progress in implementing the State plan described under section 796D at a rate that the Secretary determines will result in full implementation of that plan during the remainder of the grant period; and (ii) making progress, as measured by the annual performance measures and targets described in section 796D(b)(2), at a rate that the Secretary determines will result in reaching those targets and achieving the objectives of the grant, during the remainder of the grant period. 796C. Application process (a) Planning grants Each State that desires to receive a planning grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1) Documentation of the State's record, including demonstrating a need for the grant funds to improve the State’s record, as applicable, in the areas to be measured by the performance measures under section 796D(b)(2). (2) A coherent strategy for using funds under this part, and other Federal, State, and local funds, to design a State plan as described in section 796D. (3) Evidence that there will be collaboration among the State, the State educational agency, institutions of higher education located in the State, postsecondary students, workforce partners, and other stakeholders, in developing and implementing such plan, including evidence of the State's commitment and capacity to implement such plan. (4) An assurance of the State’s commitment to developing the State plan. (5) An assurance of the State’s commitment to meeting, before the end of the planning grant period, any requirements that the Secretary may establish. (b) Implementation grants Each State that desires to receive an implementation grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1) Documentation of the State's record, including demonstrating a need for the grant funds to improve the State's record, as applicable, in the areas to be measured by the performance measures under section 796D(b)(2). (2) A description of how the implementation grant funds will be used to implement the comprehensive State plan described in section 796D, which may be an existing (as of the date of application) State plan that meets the requirements of such section. (3) Evidence of conditions of innovation and reform that the State has established and the State's plan for implementing additional conditions for innovation and reform, including— (A) a description of how the State has identified and eliminated ineffective practices in the past, and a plan for doing so in the future; (B) a description of how the State has identified and promoted effective practices in the past, and a plan for doing so in the future; and (C) steps the State has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of the State's proposed plan under section 796D. (4) The State's annual performance measures and targets, established in accordance with the requirements of section 796D(b)(2). (5) A signed assurance from every public institution of higher education in the State that the institution will carry out any activities that the State determines may be necessary to carry out the State plan under section 796D. (6) An assurance from the State that the State will provide equitable resources and technical assistance to all public institutions of higher education in the State to implement the reforms described in this section. (c) Criteria for evaluating applications (1) In general The Secretary shall award grants under this part on a competitive basis to a geographically diverse group of States, based on the quality of the applications submitted by the States. (2) Publication of explanation The Secretary shall publish an explanation of how the application review process will ensure an equitable, transparent, and objective evaluation of applicants. (d) Priority In awarding grants under this part, the Secretary shall give priority to a State if— (1) the State has a significant percentage of low-income students or traditionally underrepresented students residing within the State; (2) the State has a strong record of investment in postsecondary education; or (3) the State distributes State postsecondary education aid on the basis of need. 796D. Comprehensive State plan (a) Establishment of plan Each State receiving a planning or implementation grant under this part shall establish or implement, respectively, a comprehensive State plan described in subsection (b) to increase student access, persistence, and completion in postsecondary education at— (1) public institutions of higher education throughout the State; and (2) private nonprofit institutions of higher education (as defined in section 101) that agree to participate in and implement the State plan. (b) Comprehensive State plan The comprehensive State plan described in subsection (a) shall contain the following: (1) A commitment to implement statewide reforms in the following areas: (A) Removing barriers to innovation in postsecondary education by— (i) shortening the length of time to a postsecondary degree; (ii) promoting efficiencies on campuses that lead to lower net tuition prices for students; (iii) promoting the use of technology to increase personalized learning, advising, and support services for students; and (iv) developing innovative education delivery models, such as using technology to enhance online and classroom learning, in order to increase participation and retention of students, particularly low-income students and students who are in the first generation in their family to attend an institution of higher education. (B) Improving the transition between elementary and secondary education and postsecondary education and the workforce by— (i) reforming the process for identifying students for developmental education, offering developmental education examinations while students are in secondary school to identify knowledge and skills gaps, and reducing the need for developmental education by ensuring that developmental education courses are reserved for students who are substantially underprepared and placing better-prepared students in traditional courses; (ii) redesigning and standardizing developmental education requirements and assessments among institutions of higher education; (iii) reforming the content, timing, and delivery of developmental education to help academically underprepared students complete college through comprehensive approaches; (iv) using technology, academic, and student supports that engage students, align developmental education to students’ academic and career goals, and accelerate the students' progression through remediation and credit-bearing coursework; (v) increasing access to dual enrollment and early college high schools for low-income students; and (vi) establishing clear and transparent policies regarding how completion of dual enrollment and early college high school programs will result in the transfer of credits— (I) to public institutions of higher education in the State; and (II) to private nonprofit institutions of higher education that choose to participate in such credit transfer policies. (C) Increasing persistence in postsecondary education by carrying out all of the following: (i) Developing early warning systems to identify students at risk of dropping out of postsecondary education. (ii) Providing highly effective and comprehensive academic and student support services at institutions of higher education. (iii) Requiring all public institutions of higher education in the State to establish credit transfer policies and articulation agreements, that have been developed in consultation with educators in institutions of higher education, with each other so that students can seamlessly transfer among all public institutions of higher education in the State. Such articulation agreements shall guarantee— (I) that students who earn postsecondary credit at a public institution of higher education will be able to transfer those credits to— (aa) any public institution of higher education in the State, and that such credits will count toward meeting specific degree or credential requirements; and (bb) any private nonprofit institution of higher education that chooses to participate in an articulation agreement; (II) that common course numbering is used to identify substantially similar courses; (III) that credits are recognized throughout the system of higher education in the State and count as credits earned for a degree or credential program at a public institution of higher education in the State and at any private nonprofit institution of higher education that chooses to participate, consistent with clause (I)(bb); and (IV) that if a student earns an associate’s degree, that associate’s degree, awarded by the participating institution of higher education in the State, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State. (iv) Including private nonprofit institutions of higher education that choose to participate in the credit transfer policies and articulation agreements described in clause (iii). (v) Providing students residing in the State with free degree audits. (vi) Providing students with an assurance that if a student receives an associate’s degree from a public institution of higher education in the State, that associate’s degree will translate into upper level status at a receiving public institution of higher education. (D) Increasing transparency of information to students and their families by— (i) providing financial literacy information to students and families, including information regarding the benefits of postsecondary education, planning for postsecondary education, postsecondary education opportunities, and career planning; (ii) providing information on financing options for postsecondary education and activities that promote financial literacy and debt management among students and families, including assistance in completion of the Free Application for Federal Student Aid or other common financial reporting form under section 483(a); (iii) reporting workforce outcomes for postsecondary graduates; (iv) developing multi-year tuition and fee schedules; (v) improving postsecondary data systems and linking those systems to existing State data systems for elementary and secondary education and the workforce; and (vi) developing practices for the continuous assessment of student learning and for public reporting of non-personally identifiable student learning outcomes. (E) Increasing and improving the use of funding in higher education by— (i) awarding State financial aid to students on the basis of need, rather than merit; (ii) developing performance funding systems that measure and award funding to institutions of higher education based upon improvement in postsecondary education outcomes for students, including successful transfer from a 2-year institution of higher education to a 4-year institution of higher education and degree attainment; and (iii) rewarding institutions that distribute their institutional aid based on need. (2) Annual performance measures and targets for the programs and activities carried out under this part, which shall include measures and targets for goals established by the Secretary under section 796G as well as measures and targets developed by the State and approved by the Secretary. The annual performance measures and targets shall, at a minimum, track the State's progress in— (A) implementing the plan described in this section; (B) increasing the percentage of low income and traditionally underrepresented students who enroll in, persist through, and graduate from higher education, as measured by— (i) reducing the need for higher education remediation; (ii) increasing higher education enrollment rates; (iii) increasing persistence and completion rates in higher education; (iv) increasing the rate at which students complete a program at an institution of higher education; (v) increasing enrollment in dual enrollment programs and early college high school programs; (vi) increasing the percentage of students who successfully complete and earn a minimum of 12 credits for rigorous postsecondary education courses while attending a secondary school; and (vii) increasing the percentage of students who earn postsecondary credit and successfully have such credit accepted by an institution of higher education toward a degree or credential; and (C) making progress on any other performance measure identified by the Secretary. (3) Goals for increasing postsecondary credential attainment by 2020 for traditionally underrepresented students. (c) Review and approval Each State plan developed under this section shall be reviewed and approved by the Secretary. 796E. Use of funds (a) In general A State receiving an implementation grant under this part shall use the funds to carry out any purpose included in the State’s comprehensive State plan described in section 796D. (b) Prohibitions Federal funds made available under this part shall not be used— (1) to promote any lender’s loans; (2) to supplement or supplant Federal, State, or institutional financial aid; or (3) compensate for a decrease in State appropriations for higher education. (c) Sufficient progress If the Secretary determines, by the end of the third year of the grant, that a State receiving an implementation grant under this part is not making substantial progress on meeting the requirements of the comprehensive State plan under section 796D and meeting the performance measures and targets described in section 796D(b)(2), the Secretary— (1) shall cancel the grant; and (2) may use any funds returned or made available due to a cancellation under paragraph (1) to— (A) increase other grant awards under this part; or (B) award new grants to other eligible entities under this part. 796F. Matching and other financial requirements (a) Matching requirements (1) In general A State receiving a grant under this part shall provide matching funds toward the costs of the grant in the amount applicable under paragraph (2). (2) Amount of matching funds The matching funds required under this paragraph shall be an amount equal to— (A) in the case of a planning grant, 20 percent of the amount of the grant for each year of the grant; and (B) in the case of an implementation grant— (i) 20 percent of such costs for the first year of the grant; (ii) 30 percent of such costs for the second year of the grant; (iii) 40 percent of such costs for the third year of the grant; (iv) 50 percent of such costs for the fourth year the grant; and (v) 60 percent of such for the fifth year of the grant. (3) In cash or in-kind Matching funds provided under this subsection shall be from non-Federal sources and may be provided in cash or in-kind. (b) Supplement not supplant Federal funding provided under this part shall be used to supplement and not supplant other Federal, State, or institutional resources that would otherwise be expended to carry out the activities described in this part. (c) Maintenance of effort (1) In general With respect to each fiscal year for which a State receives a grant under this part, the State will maintain State support for public institutions of higher education (excluding support for capital projects, for research and development, and for tuition and fees paid by students) at least at the level of such support for the previous fiscal year. (2) Financial hardship waiver A State may apply to the Secretary for a waiver of, and the Secretary may waive, the requirements of paragraph (1) if the State is experiencing a financial hardship due to a natural disaster, unforeseen decline in the financial resources of the State, or other exceptional or uncontrollable circumstances. 796G. Performance measures The Secretary shall establish performance measures for the programs and activities carried out under grants awarded under this part prior to awarding grants under this part. The Secretary shall ensure that such measures are made available to potential applicants prior to seeking applications for grants under this section. 796H. Reports; evaluations (a) Reports (1) Implementation grants A State that receives an implementation grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including, at a minimum— (A) data on the State's progress in achieving the targets for the annual performance measures established under section 796G; and (B) a description of the challenges the State has faced in carrying out the implementation grant under this part, and how the State has addressed, or plans to address, such challenges. (2) Planning grants A State that receives a planning grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, a report that includes a copy of the State plan developed under the grant. (b) Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, evaluate the implementation and impact of activities supported under this part; and (2) disseminate research on best practices. 796I. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2015 and each of the following 4 fiscal years. . VIII Additional programs 801. Reorganization Title VIII ( 20 U.S.C. 1161 et seq. (1) by striking parts E, H, I, K, M, N, O, R, U, V, X, and Y; (2) by redesignating parts F, G, J, L, P, Q, S, T, W, Z, and AA as parts E, F, G, H, I, J, K, L, M, N, and O, respectively; and (3) by redesignating sections 851, 861, 872, 873, 892, 895, 897, and 898 as sections 831, 836, 841, 846, 851, 856, 861, and 862, respectively. 802. Authorization of appropriations for Project Grad Section 801(i) ( 20 U.S.C. 1161a(i) 2009 2015 803. Authorization of appropriations for the mathematics and science scholars program Section 802(f) ( 20 U.S.C. 1161b(f) 2009 2015 804. Community college and industry partnerships program Part C of title VIII (20 U.S.C. 1161c et seq.) is amended to read as follows: C Community College and Industry Partnerships Program 803. Definitions In this part: (1) Community college The term community college (2) Local board The term local board (3) Nontraditional student The term nontraditional student (A) who is an independent student, as defined in section 480(d), or is an individual with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (B) who attends an institution of higher education— (i) on less than a full-time basis; (ii) via evening, weekend, modular, or compressed courses; or (iii) via distance education methods; and (C) who— (i) enrolled for the first time in an institution of higher education 3 or more years after completing secondary school; or (ii) is employed for not less than 25 hours per week. (4) Recognized postsecondary credential The term recognized postsecondary credential (A) an industry-recognized certificate or certification; (B) a certificate of completion of an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. registered apprenticeship (C) a license recognized by the State involved or the Federal Government; or (D) an associate's or baccalaureate degree. (5) Secretaries The term Secretaries (6) State board The term State board 803A. Community college and industry partnerships program (a) Grants authorized From funds appropriated under section 803C, the Secretaries, in accordance with the interagency agreement described in section 803B, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, or providing educational or career training programs. (b) Eligible entity (1) Partnerships with employers or an employer or industry partnership In order to be eligible for a grant under this section, an entity shall— (A) be— (i) a community college that will use funds provided under this section for activities at the certificate and associate's degree levels; (ii) a 4-year public institution of higher education that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate's degree levels; (iii) a Tribal College or University (as defined in section 316(b)); (iv) a public or private nonprofit 2-year institution of higher education (as defined in section 102) in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, or any of the Freely Associated States; or (v) a consortium of entities described in any of clauses (i) through (iv); and (B) for purposes of the grant, be in partnership with— (i) an employer; or (ii) an industry partnership representing multiple employers. (2) Additional partners (A) Authorization of additional partners In addition to partnering with an entity described in paragraph (1)(B), an entity described in paragraph (1)(A) may include in the partnership 1 or more of the following entities: (i) An adult education provider or institution of higher education. (ii) A community-based organization with demonstrated expertise in serving non-traditional students or providing education and training to workers or disconnected youth. (iii) A joint labor-management partnership. (iv) A State board or local board. (v) Any other organization that the Secretaries consider appropriate. (B) Collaboration with State and local boards An eligible entity shall collaborate with the State board or local board, as appropriate, in the area served by the eligible entity. (c) Application An eligible entity seeking a grant under this section shall submit an application to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific educational or career training program that the eligible entity proposes and how the program meets the criteria established under subsection (d), including the manner in which the grant will be used to develop, offer, improve, or provide the educational or career training program; (2) the extent to which the program will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the program will meet the skill needs of employers in the area for workers in in-demand industry sectors and occupations; (4) the extent to which the proposed program fits within any overall strategic plan regarding education and training developed by the eligible entity; (5) (A) any previous experience of the eligible entity in providing educational or career training programs, including the use of research-based models to provide such programs; or (B) in the case of an eligible entity without previous experience, a detailed description of how the entity will carry out the activities required under the grant, including the research-based model the entity plans to use to provide such programs; (6) the recognized postsecondary credentials that participants in the proposed educational or career training program will obtain, and how the program meets quality criteria for programs leading to such credentials, as established by the Governor of a State in which at least 1 of the entities described in subsection (b)(1)(A) that comprise the eligible entity is located; (7) how the eligible entity will sustain the educational or career training program after the end of grant period; (8) how any educational or career training program developed under this grant will be coordinated with existing education and training programs, as of the date of the application, in the relevant State and region that are supported by Federal, State, or other funds; and (9) how the eligible entity will measure the performance of, and evaluate, the educational or career training program to be supported by this grant, including the performance outcomes to be used by the eligible entity and an assurance that such entity will provide the information requested by the Secretaries for evaluations and reports under subsection (f). (d) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries that include the following: (A) A determination of the merits of the proposal, in each application, to develop, offer, improve, or provide an educational or career training program. In making such a determination, the Secretaries shall not automatically disqualify an eligible entity because of the absence of previous experience described in subsection (c)(5)(A). (B) An assessment of the current and projected employment opportunities available (as of the date of the application) in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) are in a partnership with an employer or an industry partnership that— (i) agrees to pay a portion of the costs for participants of educational or career training programs supported under the grant; or (ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program supported under the grant; (B) enter into a partnership with a labor organization, labor-management training program, or registered apprenticeship program, to provide, through the educational or career training program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector; (C) demonstrate a partnership with a State board or local board, as appropriate; (D) are focused on serving individuals with barriers to employment, youth who are out-of-school or not in the workforce, low-income, nontraditional students, students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (E) include community colleges serving areas with high unemployment rates, including rural areas and areas with high unemployment rates for youth; (F) are eligible entities that include an institution of higher education eligible for assistance under title III or V; or (G) are in a partnership, with an employer or industry partnership, that increases domestic production of goods, such as advanced manufacturing or production of clean energy technology. (e) Use of funds Grant funds awarded under this section shall be used for 1 or more of the following: (1) The development, offering, improvement, or provision of educational or career training programs that— (A) provide relevant job training for occupations that will meet the needs of employers in in-demand industry sectors; and (B) may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors or occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education in the State, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation or enhancement of programs that provide a sequence or integration of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that— (A) provide adult education and literacy activities concurrently and contextually with occupational training, and support services for participants, which may include such activities and services provided along a career pathway; (B) facilitate means of transitioning participants from non-credit occupational, adult education, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. 20 U.S.C. 9201 et seq. (D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter occupations in in-demand industry sectors; or (E) support paid internships that will allow students to simultaneously earn postsecondary credit and gain relevant employment experience in an in-demand industry sector or occupation through work-based learning, which shall include opportunities that transition individuals into employment. (4) The support of skills consortia in an in-demand industry sector that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. (f) Evaluations and reports (1) Annual reports to Secretaries (A) In General Each eligible entity receiving a grant under this section shall submit to the Secretaries an annual report regarding the activities carried out under the grant, including the progress made by the educational or career training program with respect to the performance outcomes described in subsection (c)(9) and any other information the Secretaries may require. (B) Disaggregation The data provided to the Secretaries in accordance with this subsection shall be disaggregated by, at a minimum, race, ethnicity, and eligibility to receive a Federal Pell Grant, except that such disaggregation shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (2) Evaluations The Secretaries shall, directly or by contract, conduct an annual evaluation of the grant program carried out under this section, which will include a determination of the progress made by each educational or career training program supported by the grant with respect to the performance outcomes described in subsection (c)(9), using the reports provided by the eligible entities under paragraph (1) and any other information that the Secretaries request from the eligible entities for purposes of the evaluation. (3) Reports to Congress The Secretaries shall jointly develop and submit a biennial report to the authorizing committees regarding the grants awarded under this section and the outcomes of such grants, including the progress made by each educational or career training program supported under such grant with respect to the performance outcomes described in subsection (c)(9) and the results of the evaluations described in paragraph (2). 803B. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this part in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this part (both jointly and separately), including— (1) how the funds available under this part will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the recipients of the grants will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this part in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this part; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this part will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this part in accordance with the agreement described in subsection (a). 803C. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this part for fiscal year 2015 and each of the 4 succeeding fiscal years. . 805. Authorization of appropriations for capacity for nursing students and faculty Section 804(f) ( 20 U.S.C. 1161d(f) 2009 2015 806. Authorization of appropriations for Teach for America Section 806(f) ( 20 U.S.C. 1161f(f) (1) In General For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2015 and each of the five succeeding fiscal years. . 807. Authorization of appropriations for the Patsy T. Mink Fellowship Program Section 807(f) ( 20 U.S.C. 1161g(f) 2009 2015 808. Authorization of appropriations for improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian Students Section 819(i) ( 20 U.S.C. 1161j(i) 2009 2015 809. Authorization of appropriations for student safety and campus emergency management Section 821(f) ( 20 U.S.C. 1161l(f) 2009 2015 810. Authorization of appropriations for the education disaster and emergency relief program Section 824(i) ( 20 U.S.C. 1161l–3(i) 2009 2015 811. Authorization of appropriations for the jobs to careers program Section 831(j), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161p(j) 2009 2015 812. Authorization of appropriations for rural development grants for rural-serving colleges and universities Section 861(g), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161q(g) 2009 2015 813. Authorization of appropriations for training for realtime writers Section 841(e), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161s(e) 2009 2015 814. Authorization of appropriations for centers of excellence for veteran student success Section 846(f), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161t(f) 2009 2015 815. Authorization of appropriations for path to success Section 851(g), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161w(g) 2009 2015 816. Authorization of appropriations for the Henry Kuualoha Giugni Kupuna Memorial Archives Section 856(c), as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161z(c) 2009 2015 817. Appropriations for masters degree programs Section 861 as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161aa $11,500,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 818. Appropriations for postbaccalaureate programs Section 862 as redesignated by paragraph (3) of section 801 ( 20 U.S.C. 1161aa–1 $11,500,000 for fiscal year 2009 such sums as may be necessary for fiscal year 2015 819. Tyler Clementi Program Title VIII ( 20 U.S.C. 1161 et seq. P Tyler Clementi Program 864. Tyler Clementi Program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Harassment The term harassment (b) Program authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of grant awards The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized activities An eligible entity that receives a grant under this section shall use the funds made available through the grant to address 1 or more of the types of harassment listed in section 485(f)(6)(A)(vi) by initiating, expanding, or improving programs— (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs. (e) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; renewal A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for 1 additional period of not more than 2 years. (g) Award considerations In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and evaluation (1) Evaluation and report to the Secretary Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall— (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best practices report The Secretary shall use the information provided under paragraph (1) to publish a report of best practices for combating harassment at institutions of higher education. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. . IX Higher education opportunities and supports for students with disabilities 901. Higher education opportunities and supports for students with disabilities The Act ( 20 U.S.C. 1001 et seq. IX Higher education opportunities and supports for students with disabilities A National Activities 901. National Technical Assistance Centers for Higher Education Access (a) Purpose It is the purpose of this section to provide technical assistance and information— (1) about the rights and responsibilities of postsecondary students with disabilities under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 701 et seq. (2) to support the recruitment, enrollment, retention, graduation, and education of such students. (b) Administration The activities under this section shall be jointly administered by the Office of Postsecondary Education and the Office of Special Education and Rehabilitative Services. (c) National Technical Assistance Center for College Students with Disabilities and Their Families (1) In general From amounts appropriated to carry out this section, the Secretary shall award a grant to, or enter into a contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Technical Assistance Center for College Students With Disabilities and Their Families (hereafter referred to as the National Center for Students With Disabilities (2) Eligible entity In this subsection, the term eligible entity (A) the recruitment, enrollment, retention, graduation, and education of students with disabilities, including students with autism spectrum disorder and other developmental disabilities, in postsecondary education; (B) the technical knowledge necessary for the dissemination of information in accessible formats; and (C) creating and disseminating convenient and credible online resources. (3) Duties The National Center for Students With Disabilities shall provide information and technical assistance to postsecondary students with disabilities and the families of postsecondary students with disabilities to support students across the broad spectrum of disabilities, including individuals with autism spectrum disorder and other developmental disabilities, which may include providing— (A) information to assist individuals with disabilities who are prospective students of an institution of higher education in planning for postsecondary education while in secondary school, and earlier; (B) information and technical assistance— (i) including self-advocacy skills, to individualized education program teams (as defined in section 614(d)(1) of the Individuals with Disabilities Education Act) for secondary school students with disabilities; and (ii) to early outreach and student services programs to support students across a broad spectrum of disabilities with the successful transition to postsecondary education; (C) information on evidence-based supports, services, and accommodations that are available in postsecondary settings, including services such as vocational rehabilitation that are provided by other agencies, and providing information about how to qualify for those services; (D) information on student mentoring and networking opportunities for students with disabilities; (E) information on effective recruitment and transition programs at postsecondary educational institutions; and (F) information on support (including tuition, as appropriate) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business. (d) National Technical Assistance Center For Disability Support Services at Institutions of Higher Education (1) In General From amounts appropriated to carry out this section, the Secretary shall award a grant to, or enter into a contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Technical Assistance Center for Disability Support Services at Institutions of Higher Education (hereafter referred to as the National Center for Institutions of Higher Education (2) Eligible entity In this subsection, the term eligible entity (A) the recruitment, enrollment, retention, graduation, and education of students with disabilities in postsecondary education, including students with autism spectrum disorder and other developmental disabilities; (B) supporting faculty and understanding best practices in working with students with disabilities, including students with autism spectrum disorder and other developmental disabilities; (C) technical knowledge necessary for the dissemination of information in accessible formats; and (D) identifying instructional strategies that are effective for students with disabilities, including students with autism spectrum disorder and other developmental disabilities. (3) Duties The National Center for Institutions of Higher Education shall provide information and technical assistance to faculty, staff, and administrators of institutions of higher education to improve the services provided to, the accommodations for, the retention rates of, and the completion rates of, students with disabilities, including students with autism spectrum disorder and other developmental disabilities, in higher education settings, which may include— (A) collecting, developing, and disseminating quality indicators and best and promising practices and materials for accommodating and supporting students with disabilities; (B) training and supporting students with disabilities to enhance and support their self-advocacy skills; (C) promoting awareness of, and the use of, assistive technology and augmentative communication in postsecondary education settings; (D) developing and providing training modules for higher education faculty and staff on exemplary practices for accommodating and supporting postsecondary students with disabilities across a range of academic fields, which may include universal design for learning; (E) developing technology-based tutorials for higher education faculty and staff, including new faculty and graduate students, on evidence-based best and promising practices related to support and retention of students with disabilities in postsecondary education; (F) developing and providing training and technical assistance for faculty and staff of institutions of higher education on emerging evidence-based best practices for the selection, production, and timely delivery of high-quality accessible instructional materials to meet the needs of students with disabilities in postsecondary settings; (G) developing and disseminating an evidence-based operational model for institutions of higher education to timely provide high-quality accessible instructional materials to students with disabilities; and (H) information on providing support (including tuition, as appropriate) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business. 902. National Data Center on Higher Education and Disability (a) Purpose It is the purpose of this section to collect, maintain, and disseminate data and information about the experiences and outcomes of postsecondary education students with disabilities. (b) National Data Center (1) In general From amounts appropriated to carry out this section, the Secretary shall award a grant to, or enter into a contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Data Center on Higher Education and Disability (in this part referred to as the National Data Center (2) Administration The program under this section shall be jointly administered by the Office of Postsecondary Education and the Office of Special Education and Rehabilitative Services. (3) Eligible entity In this section, the term eligible entity (A) supporting students with disabilities in postsecondary education; (B) technical knowledge necessary for the dissemination of information in accessible formats; and (C) working with diverse types of institutions of higher education, including community colleges. (4) Duties The duties of the National Data Center shall include the following: (A) Information collection and dissemination (i) Database The National Data Center shall be responsible for using the data submitted in accordance with section 903— (I) to build, maintain, and update a database of information about disability support services provided by institutions of higher education; or (II) to expand and update any existing database containing such information. (ii) Contents of Database The database described in clause (i) shall contain de-identified, individual student-level data for every student who discloses the student's disability to, and seeks disability accommodations from, the institution of higher education that the student attends, including— (I) the student's disability category described in section 903(a); (II) the supports and accommodations provided to the student; (III) enrollment information, including the student's program of study, progress toward completion of a certificate or degree, and program completion status; and (IV) information about the student's employment or further education for the 5 years following completion of the student's program of study. (iii) Information for each institution of higher education In addition to the data described in clause (ii), such database shall include, for each institution of higher education required to submit information in accordance with section 903— (I) the institution's— (aa) disability documentation requirements; (bb) support services that are available for students with disabilities; (cc) policies on accommodations for students with disabilities; and (dd) accessible instructional materials; (II) regularly updated reports regarding the students with disabilities who sought disability accommodations through the institution's disability support services office, including information about the services received by such students; (III) other information relevant to students with disabilities, as determined by the Secretary; and (IV) the information described in subparagraphs (A) through (D) of paragraph (5). (iv) Website The National Data Center shall make available to the general public, through a website that is built to high technical standards of accessibility practicable for the broad spectrum of individuals with disabilities— (I) the data described in clause (ii), aggregated at the institution level; (II) the information described in clause (iii); and (III) links to information about student financial aid, including Federal and institutional student aid. (B) Disability support services The National Data Center shall work with organizations and individuals that have proven expertise related to disability support services for postsecondary students with disabilities to evaluate, improve, and disseminate information related to the delivery of high-quality disability support services at institutions of higher education. (5) Review and report Not later than 3 years after the establishment of the National Data Center, and every 2 years thereafter, the National Center shall prepare and disseminate a report to the Secretary and the authorizing committees of Congress analyzing the condition of postsecondary services and success for students with disabilities. Such report shall include— (A) a review of the activities and the effectiveness of the programs authorized under this part; (B) annual enrollment, retention, and graduation rates of students with disabilities in institutions of higher education that receive funds under title IV, disaggregated by disability according to the categories established under section 903(a) (unless disaggregation results in possible identification of a student); (C) recommendations for effective postsecondary supports and services for students with disabilities, and how such supports and services may be widely implemented at institutions of higher education; (D) recommendations on reducing barriers to full participation for students with disabilities in higher education; and (E) a description of disability support services and strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education. (6) Staffing of the National Data Center In hiring employees of the National Data Center, the National Data Center shall consider the expertise and experience of prospective employees in creating and maintaining high quality national databases focused on the experiences and outcomes of individuals with disabilities. 903. Requirement for submitting data to the National Data Center (a) Disability categories The National Data Center, the National Center for Students With Disabilities, and the National Center for Institutions of Higher Education shall adopt the following categories to describe data collected, analyzed, and disseminated about students with disabilities: (1) Attention Deficit Hyperactivity Disorder (ADHD). (2) Autism, including Asperger Syndrome. (3) Blind or visually impaired. (4) Brain Injury, including acquired brain injury and traumatic brain injury. (5) Deaf or hard of hearing. (6) Deaf-blind. (7) Intellectual disability. (8) Learning disability. (9) Long-term health condition. (10) Physical or mobility disability. (11) Psychiatric disability. (12) Speech or language disability. (13) Other disability. (b) Data To be submitted Each institution of higher education that receives funds under title IV shall collect and submit the following data to the National Data Center: (1) The institution's disability documentation requirements. (2) The support services available at the institution. (3) Links to information about institutional financial aid. (4) The institution's accommodations policies. (5) The institution's accessible instructional materials. (6) Individual-level, de-identified data describing services and accommodations provided to students with disabilities, as well as the retention and graduation rates of students with disabilities who sought disability services and accommodations from the institution of higher education. (7) The institution's annual budget devoted to providing disability supports, services, and accommodations. (8) Other information relevant to students with disabilities, as required by the Secretary. (c) Disaggregation of data Institutions of higher education submitting the data required under subsection (b) shall collect, organize, and submit such data in a way that supports disaggregation by the disability categories specified in subsection (a). (d) Public availability of data All data submitted to the National Data Center by institutions of higher education in accordance with subsection (b) shall be made available to the public not later than 1 year after that data is submitted to the National Data Center. B Transition Programs for Postsecondary Students with Disabilities 1 Inclusive higher education for students with intellectual disabilities 911. Purpose; definitions (a) Purpose It is the purpose of this subpart to promote the successful transition of students with intellectual disabilities into higher education that leads to successful employment outcomes in the integrated, competitive workforce. (b) Definitions In this subpart: (1) Inclusive higher education program for students with intellectual disabilities The term inclusive higher education program for students with intellectual disabilities (A) is offered by an institution of higher education; (B) is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, or independent living instruction at an institution of higher education in order to prepare for competitive integrated employment; (C) includes an advisement component and program of study; (D) requires students with intellectual disabilities to participate in work-based training or internships with nondisabled individuals; and (E) requires students with intellectual disabilities to participate, on not less than a half-time basis, each academic term (as determined by the institution), with such participation focusing on academic components and occurring through one or more of the following activities: (i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. (ii) Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. (iii) Enrollment in noncredit-bearing, nondegree courses with nondisabled students. (2) Student with an intellectual disability The term student with an intellectual disability (A) with a cognitive impairment, characterized by significant limitations in— (i) intellectual and cognitive functioning; and (ii) adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (B) who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act. 912. Inclusive higher education program for students with intellectual disabilities (a) Grants authorized (1) In general From amounts appropriated to carry out this section, the Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive higher education programs for students with intellectual disabilities. The Secretary shall award grants under this section in a manner that ensures that new 5-year grants are awarded each fiscal year. (2) Administration The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. (3) Duration of grants A grant under this section shall be awarded for a period of 5 years. An institution of higher education (or a consortium) is only eligible for one 5-year grant under this section. A recipient institution or consortium shall sustain the program carried out under this section after the expiration of the grant period using funding from another source. (b) Application An institution of higher education (or a consortium) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Award basis In awarding grants under this section, the Secretary shall— (1) prohibit grantees from the 2010–2014 grant cycle under this section from competing for the 2014–2018 grant cycle, in order to generate a larger number of self-sustaining inclusive higher education programs for students with intellectual disabilities across the United States; (2) provide for an equitable geographic distribution of such grants; (3) to the greatest extent possible, provide for an equitable distribution of such grants between 4-year institutions of higher education and 2-year institutions of higher education, including community colleges; (4) provide grant funds for inclusive higher education programs for students with intellectual disabilities that will serve areas that are underserved by programs of this type; and (5) give preference to applicants that agree to incorporate into the inclusive higher education programs for students with intellectual disabilities carried out under the grant, 1 or more of the following elements: (A) The formation of a partnership with any relevant State or local agency serving students with intellectual disabilities, such as a vocational rehabilitation agency. (B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students with intellectual disabilities into the housing offered to nondisabled students. (C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the program. (d) Use of funds An institution of higher education (or a consortium) receiving a grant under this section shall use the grant funds to establish an inclusive higher education program for students with intellectual disabilities that— (1) serves students with intellectual disabilities; (2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution of higher education’s regular postsecondary program; (3) with respect to the students with intellectual disabilities participating in the program, provides a focus on— (A) academic enrichment; (B) integrated socialization with nondisabled students; (C) independent living skills, including self-advocacy skills; and (D) integrated work experiences and career skills that lead to competitive integrated employment; (4) provides integrated person-centered planning in the development of the course of study for each student with an intellectual disability participating in the program; (5) participates with the inclusive higher education programs for students with intellectual disabilities coordinating center established under section 913 (referred to in this part as the coordinating center (6) partners with 1 or more local educational agencies to support students with intellectual disabilities participating in the program who are still eligible for special education and related services under the Individuals with Disabilities Education Act, including the use of funds available under part B of such Act to support the participation of such students in the program; (7) plans for the sustainability of the program after the end of the grant period; (8) offers an existing meaningful credential to students with intellectual disabilities upon completion of the inclusive program, or, if such credentials are not available, creates a meaningful credential that aligns with existing industry or discipline approved credentials to students with intellectual disabilities upon completion of the program; and (9) provides for the collection and transmission of data in accordance with subsection (e). (e) Data collection and transition (1) In General An institution or consortium receiving a grant under this section shall collect, and transmit to the coordinating center on an annual basis and for each student who is enrolled in the program, student-level information related to the experiences and outcomes of students who participate in the inclusive higher education program for students with intellectual disabilities. (2) Longitudinal Data Each grantee shall collect longitudinal outcome data from former students who participated in the program and transmit such data to the coordinating center. Such longitudinal data shall be collected for every student each year for 5 years after the student graduates from, or otherwise exits, the program. (3) Data to be collected The program-level information and data and student-level information and data to be collected under this subsection shall include— (A) the number and type of postsecondary education courses taken and completed by the student; (B) academic outcomes; (C) competitive, integrated employment outcomes; (D) independent living outcomes; and (E) social outcomes. (f) Matching requirement An institution of higher education (or consortium) that receives a grant under this section shall provide matching funds toward the costs of the inclusive higher education program for students with intellectual disabilities carried out under the grant. Such matching funds may be provided in cash or in-kind, and shall be in an amount of not less than 25 percent of the amount of such costs. (g) Report Not later than 5 years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that— (1) reviews the activities of the inclusive higher education programs for students with intellectual disabilities funded under this section; and (2) provides guidance and recommendations on how effective programs can be replicated. (h) Rule of construction Nothing in this subpart shall be construed to reduce or expand— (1) the obligation of a State or local educational agency to provide a free appropriate public education, as defined in section 602 of the Individuals with Disabilities Education Act; or (2) eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 701 et seq. (i) Authorization of appropriations and reservation (1) Authorization of appropriations There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. (2) Reservation of funds For any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section 913(b), in an amount that is not less than $1,000,000. Not less than 40 percent of this sum shall be used for the administration of continued collection of data from inclusive higher education programs for students with intellectual disabilities grantees, and the dissemination efforts of such grantees, from earlier grant cycles. 913. Coordinating Center for the Inclusive Higher Education Programs for Students with Intellectual Disabilities (a) Definition of eligible entity In this subsection, the term eligible entity (1) higher education; (2) the education of students with intellectual disabilities; (3) the development of inclusive higher education programs for students with intellectual disabilities; and (4) evaluation and technical assistance. (b) In general From amounts appropriated under section 912(i)(2), the Secretary shall enter into a cooperative agreement with an eligible entity (determined on a competitive basis) for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive higher education programs for students with intellectual disabilities (referred to in this section as inclusive higher education programs (1) recommendations related to the development of standards for inclusive higher education programs; (2) technical assistance for such programs; and (3) evaluations for such programs, including systematic collection of data on the experiences and outcomes of individuals with intellectual disabilities. (c) Administration The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. (d) Duration The Secretary shall enter into a cooperative agreement, as described in subsection (b) for a period of 5 years. (e) Coordinating Center Activities The coordinating center established under subsection (b) shall carry out the following activities: (1) Evaluating participant progress by creating and maintaining a database of student-level information and data related to the experiences and outcomes of youth who participate in each inclusive higher education program that receives a grant under this subpart. The program and student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section 912(e)(3). (2) Creating and maintaining a mechanism for continuing to collect outcome information from students who participated in inclusive higher education programs that were developed in previous grant award cycles. (3) Creating and maintaining a mechanism for collaborating with highly integrated, inclusive higher education programs from earlier grant cycles, with the purpose of disseminating and publicizing best practices for implementing such programs. (4) Serving as the technical assistance entity for all inclusive higher education programs for students with intellectual disabilities, including by providing technical assistance regarding the development, evaluation, and continuous improvement of such programs. (5) Developing an evaluation protocol for inclusive higher education programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of— (A) inclusive academics; (B) socialization; (C) independent living; and (D) the achievement of competitive, integrated employment. (6) Assisting recipients of a grant under this subpart in efforts to consider how to ensure their meaningful credentials align with existing approved credentials and to seek institution of higher education approval for any newly developed credentials. (7) Developing recommendations for the necessary components of such programs, such as— (A) the development of academic, vocational, social, and independent living skills; (B) program administration and evaluation; (C) student eligibility; and (D) issues regarding the equivalency of a student’s participation in such programs to semester, trimester, quarter, credit, or clock hours at an institution of higher education, as the case may be. (8) Analyzing possible funding streams for inclusive higher education programs and providing recommendations regarding those funding streams. (9) Developing model memoranda of agreement for use between or among institutions of higher education and State and local agencies providing funding for such programs. (10) Developing mechanisms for regular communication, outreach, and dissemination of information about inclusive higher education programs receiving a grant under this subpart between or among such programs and to families and prospective students who may wish to participate in such programs. (11) Hosting a meeting of all grant recipients not less often than once each year. (12) Convening a workgroup to— (A) develop and recommend model criteria, standards, and components of such programs, that are appropriate for the development of accreditation standards, that shall include— (i) an expert in higher education; (ii) an expert in special education; (iii) a disability organization that represents students with intellectual disabilities; (iv) a representative from the National Advisory Committee on Institutional Quality and Integrity; and (v) a representative of a regional or national accreditation agency or association; and (B) oversee the coordinating center staff in field testing such model criteria, standards, and components. (f) Report Not later than 2 years after the date of enactment of the Higher Education Affordability Act 2 Transition programs for students who are deaf-Blind 921. Purpose; definitions (a) Purpose It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students who are deaf-blind into higher education and employment outcomes in integrated, competitive settings at the levels expected given their postsecondary education. (b) Definitions In this subpart: (1) Comprehensive transition and postsecondary program for students who are deaf-blind The term comprehensive transition and postsecondary program for students who are deaf-blind (A) is offered by an institution of higher education; (B) is designed to support students who are deaf-blind and who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for competitive integrated employment; (C) includes an advising and curriculum structure; (D) requires students who are deaf-blind to participate in internships or work-based training in competitive, integrated workplace settings with nondisabled individuals; and (E) requires students who are deaf-blind to participate in the program on not less than a half-time basis, as determined by the institution, with such participation focusing on academic components and occurring through 1 or more of the following activities: (i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. (ii) Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. (iii) Enrollment in noncredit-bearing, nondegree courses with nondisabled students. (2) Institution of higher education The term institution of higher education (3) Student who is deaf-blind The term student who is deaf-blind (A) (i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; (ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and (iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; or (B) who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, can be determined through functional and performance assessments to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation. 922. Model comprehensive transition and postsecondary programs for students who are deaf-blind (a) Grants authorized (1) In general From amounts appropriated under section 951 and not reserved under section 923(c), the Secretary shall annually award grants, on a competitive basis, to institutions of higher education, or consortia of institutions of higher education, to enable the institutions or consortia to create or expand high quality, inclusive model comprehensive transition and postsecondary programs for students who are deaf-blind. The Secretary shall award grants under this section in a manner that ensures that new 5-year grants are awarded each fiscal year. (2) Administration The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. (3) Duration of grants A grant under this section shall be awarded for a period of 5 years. An institution of higher education (or a consortium of such institutions) is eligible for only one 5-year grant under this program. (b) Application An institution of higher education (or a consortium of such institutions) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such information shall include a demonstration of how the institution or consortium intends to sustain the program after the end of the grant period, including an identification of other sources of funds for the program. (c) Award basis In awarding grants under this section, the Secretary shall— (1) provide for an equitable geographic distribution of such grants; (2) provide for an equitable distribution of such grants between 4-year degree-granting and 2-year degree-granting institutions of higher education; (3) provide grant funds for model comprehensive transition and postsecondary programs for students who are deaf-blind that will serve areas that are underserved by programs of this type; and (4) give preference to applications that agree to incorporate, into the model comprehensive transition and postsecondary program for students who are deaf-blind carried out under the grant, 1 or more of the following elements: (A) The formation of a partnership with any relevant agency serving students who are deaf-blind, such as a vocational rehabilitation agency. (B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students who are deaf-blind into the housing offered to nondisabled students. (C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program. (d) Use of funds An institution of higher education (or consortium of such institutions) receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students who are deaf-blind that— (1) provides individual supports and services for the academic and social inclusion of students who are deaf-blind in academic courses, extracurricular activities, and other aspects of the institution of higher education’s regular postsecondary program; (2) with respect to the students who are deaf-blind and who are participating in the model program, provides a focus on— (A) academic enrichment; (B) integrated socialization with nondisabled students; (C) independent living skills, including self-advocacy skills; and (D) integrated work experiences and career skills that lead to competitive integrated employment; (3) provides integrated individual-centered planning in the development of the course of study for each student who is deaf-blind participating in the model program; (4) participates with the coordinating center established under section 923 in the evaluation of the model program, including regular submission of data on the experiences and outcomes of individual students participating in the program; (5) partners with 1 or more local educational agencies to support students who are deaf-blind participating in the model program who are still eligible for special education and related services under the Individuals with Disabilities Education Act, including the use of funds available under part B of such Act to support the participation of such students in the model program; (6) plans for the sustainability of the model program after the end of the grant period; (7) creates and offers a meaningful credential for students who are deaf-blind upon the completion of the model program; and (8) provides for the collection and transmission of data in accordance with subsection (e). (e) Data collection (1) In general An institution of higher education (or consortium of such institutions) receiving a grant under this section shall collect and transmit to the coordinating center established under section 923, on an annual basis, student information related to the experiences and outcomes of each student who participates in the comprehensive transition and postsecondary program for students who are deaf-blind. (2) Longitudinal data In addition to the requirements of paragraph (1), each institution of higher education (or consortium of such institutions) shall implement a mechanism by which the institution or consortium will collect longitudinal outcomes data from former students who participate in the comprehensive transition and postsecondary program supported under this section, and transmit that data to the coordinating center established under section 923. Such longitudinal data shall be collected for every student for the 5 years after the student graduates from, or otherwise exits, the program. (3) Data to be collected The student information to be collected and transmitted under this subsection shall include— (A) the number and type of postsecondary education courses taken and completed by the student; (B) academic outcomes; (C) competitive, integrated employment outcomes; (D) independent living outcomes; and (E) social outcomes. (f) Matching requirement An institution of higher education (or consortium of such institutions) that receives a grant under this section shall provide matching funds toward the cost of the model comprehensive transition and postsecondary program for students who are deaf-blind carried out under the grant. Such matching funds may be provided in cash or in-kind, and shall be in an amount of not less than 25 percent of the amount of such costs. (g) Report Not later than 5 years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that— (1) reviews the activities of the model comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under this section; and (2) provides guidance and recommendations on how effective model programs can be replicated. (h) Rule of construction Nothing in this section shall be construed to reduce or expand— (1) the obligation of a State or local educational agency to provide a free appropriate public education, as defined in section 602 of the Individuals with Disabilities Education Act; or (2) eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 701 et seq. 923. Coordinating center for the model comprehensive transition and postsecondary programs for students who are deaf-blind (a) Definition of eligible entity In this section, the term eligible entity (1) higher education; (2) the education of students who are deaf-blind; (3) the development of comprehensive transition and postsecondary programs for students who are deaf-blind; and (4) evaluation and technical assistance. (b) In general From amounts appropriated to carry out this section that are reserved under subsection (c), the Secretary shall enter into a cooperative agreement, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive comprehensive transition and postsecondary programs for students who are deaf-blind (referred to in this section as a coordinating center (1) recommendations related to the development of standards for such programs; (2) technical assistance for such programs; and (3) evaluations for such programs, including systematic collection of data on the experiences and outcomes of individuals who are deaf-blind. (c) Reservation of funds For any fiscal year for which appropriations are made for this subpart in an amount greater than $10,000,000, the Secretary shall reserve 4 percent of such funds to carry out this section. For any fiscal year for which appropriations are made for this subpart in an amount that is equal to or less than $10,000,000, the Secretary shall reserve not less than $400,000 to carry out this section. Not less than 40 percent of the amount reserved under this subsection shall be used for the administration of continued collection of data and dissemination of best practices, as described in paragraphs (2) and (3) of subsection (f). (d) Administration The program under this section shall be administered by the Office of Postsecondary Education, in collaboration with the Office of Special Education and Rehabilitative Services. (e) Duration A cooperative agreement under this subsection shall be for a period of 5 years. (f) Requirements of cooperative agreement The coordinating center established under subsection (b) shall carry out the following activities: (1) Evaluating student progress by creating and maintaining a database of student-level information related to the experiences and outcomes of youth students who participate in each comprehensive transition and postsecondary program for students who are deaf-blind. The student-level information and data that the coordinating center will collect and maintain in the database shall include the information described in section 922(e)(3). (2) Creating and maintaining a mechanism for continuing to collect outcomes information from students participating in comprehensive programs that were developed in previous cycles of the program. (3) Creating and maintaining a mechanism for collaborating with highly integrated comprehensive programs with the purpose of disseminating and publicizing best practices for implementing comprehensive transition and postsecondary programs for students who are deaf-blind. (4) Serving as the technical assistance entity for all comprehensive transition and postsecondary programs for students who are deaf-blind, including by providing technical assistance regarding the development, evaluation, and continuous improvement of such comprehensive programs. (5) Developing an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of— (A) academic enrichment; (B) socialization; (C) independent living, and (D) the attainment of competitive or supported employment by students who participate in the program. (6) Assisting recipients of grants under this subpart in efforts to award a meaningful credential to students who are deaf-blind upon the completion of a comprehensive program, which credential shall take into consideration unique State factors. (7) Developing recommendations for the necessary components of such programs, such as— (A) development of academic, career and technical, social, and independent living skills; (B) program administration and evaluation; (C) student eligibility; and (D) issues regarding the equivalency of a student’s participation in such programs to semester, trimester, quarter, credit, or clock hours at an institution of higher education, as the case may be. (8) Analyzing possible funding streams for such programs and providing recommendations regarding the funding streams. (9) Developing model memoranda of agreement for use between or among institutions of higher education and State and local agencies providing funding for such programs. (10) Developing mechanisms for regular communication, outreach, and dissemination of information about comprehensive transition and postsecondary programs for students who are deaf-blind that receive funds under section 922 between or among such programs and to families and prospective students. (11) Hosting a meeting of all recipients of grants under section 922 not less often than once each year. (12) Convening a workgroup to develop and recommend model criteria, standards, and components of such programs that are appropriate for the development of accreditation standards. The workgroup shall include— (A) an expert in higher education; (B) an expert in special education; (C) a disability organization that represents students who are deaf-blind; (D) a representative from the National Advisory Committee on Institutional Quality and Integrity; and (E) a representative of a regional or national accreditation agency or association. (g) Report Not later than 2 years after the date of enactment of the Higher Education Affordability Act C Providing accessible instructional materials to students with disabilities on college campuses 931. Guidelines for accessible instructional materials (a) Purpose The purpose of this section is to authorize the Architectural and Transportation Barriers Compliance Board (referred to in this section as the Access Board (b) In general Not later than 18 months after the date of enactment of Higher Education Affordability Act 29 U.S.C. 792 (1) include performance criteria to ensure that such materials and technologies are accessible to students with disabilities, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (2) if applicable, be consistent with the standards for technical and functional performance criteria issued pursuant to section 508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(a)(2)(A)(ii) (c) Harmonization with national and international standards The Access Board shall, to the extent practicable, ensure that the guidelines established under subsection (b) are consistent with national and international accessibility standards for electronic instructional materials and related information technologies. (d) Review and amendment Not later than 3 years after the effective date of the guidelines described in subsection (b), and every 3 years thereafter, the Access Board shall review and, as appropriate, amend such guidelines to reflect technological advances or changes in instructional materials and related information technologies. (e) Safe Harbor protections An institution of higher education that uses instructional materials that comply with the accessibility guidelines described in subsection (b) shall be deemed to be in compliance with the non-discrimination provisions in section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12131 et seq. (f) Noncompliant instructional materials Nothing in this section shall be construed to require an institution of higher education to use instructional materials that conform to the accessibility guidelines described in subsection (b). If an institution of higher education chooses not to provide materials that conform to the accessibility guidelines described in subsection (b), such institution of higher education shall provide an assurance to the Secretary that the institution of higher education will provide instructional materials in a manner that is equally effective, integrated, and timely, and provides for a substantially equivalent ease of use, as compared to the manner in which such materials or technologies are provided to non-disabled students. 932. Demonstration program for improved postsecondary instructional materials in specialized formats (a) Purpose It is the purpose of this section to support model demonstration programs for the purpose of— (1) encouraging the development of systems to improve the quality of postsecondary instructional materials in specialized formats; (2) encouraging the timely delivery of such materials to postsecondary students with print disabilities; and (3) improving efficiency and reducing duplicative efforts across multiple institutions of higher education relating to the development and delivery of such materials. (b) Definition of eligible partnership In this section, the term eligible partnership (1) shall include— (A) an institution of higher education with demonstrated expertise in meeting the needs of students with print disabilities, including the retention of such students in, and such students’ completion of, postsecondary education; and (B) a public or private entity, other than an institution of higher education, with— (i) demonstrated expertise in developing accessible instructional materials in specialized formats for postsecondary students with print disabilities; and (ii) the technical development expertise necessary for the efficient dissemination of such materials, including procedures to protect against copyright infringement with respect to the creation, use, and distribution of instructional materials in specialized formats; and (2) may include representatives of the publishing industry. (c) Program authorized From amounts appropriated to carry out this section, the Secretary shall award grants or contracts, on a competitive basis, to not less than 1 eligible partnership to enable the eligible partnership to carry out the activities described in subsection (f) and, as applicable, subsection (g). (d) Application An eligible partnership that desires a grant or contract under this section shall submit an application at such time, in such manner, and in such format as the Secretary may prescribe. The application shall include information on how the eligible partnership will implement activities under subsection (f) and, as applicable, subsection (g). (e) Priority In awarding grants or contracts under this section, the Secretary shall give priority to any applications that include a plan for the development and implementation of the procedures and approaches described in paragraphs (2) and (3) of subsection (g). (f) Required activities An eligible partnership that receives a grant or contract under this section shall use the grant or contract funds to carry out the following: (1) Supporting the development and implementation of the following: (A) Processes and systems to help identify, and verify the eligibility of, postsecondary students with print disabilities in need of instructional materials in specialized formats. (B) Procedures and systems to facilitate and simplify the methods through which eligible students described in subparagraph (A) may request accessible instructional materials in specialized formats, which may include a single point-of-entry system. (C) Procedures and systems to coordinate among institutions of higher education, publishers of instructional materials, and entities that produce materials in specialized formats, to efficiently facilitate— (i) requests for such materials; (ii) the responses to such requests; and (iii) the delivery of such materials. (D) Delivery systems that will ensure the timely provision of instructional materials in specialized formats to eligible students, which may include electronic file distribution. (E) Systems to reduce duplicative conversions and improve sharing of the same instructional materials in specialized formats for multiple eligible students at multiple institutions of higher education. (F) Procedures to protect against copyright infringement with respect to the development, use, and distribution of instructional materials in specialized formats while maintaining accessibility for eligible students, which may include digital technologies such as watermarking, fingerprinting, and other emerging approaches. (G) Awareness, outreach, and training activities for faculty, staff, and students related to the acquisition and dissemination of instructional materials in specialized formats and instructional materials utilizing universal design. (2) Providing recommendations on how effective procedures and systems described in paragraph (1) may be disseminated and implemented on a national basis. (g) Authorized approaches An eligible partnership that receives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following: (1) Approaches for the provision of instructional materials in specialized formats limited to instructional materials used in smaller categories of postsecondary courses, such as introductory, first-year courses, and second-year courses. (2) Approaches supporting a unified search for instructional materials in specialized formats across multiple databases or lists of available materials. (3) Market-based approaches for making instructional materials in specialized formats directly available to eligible students at prices comparable to standard instructional materials. (h) Report Not later than 3 years after the date that the first grant or contract is awarded under this section, the Secretary shall submit to the authorizing committees a report that includes— (1) the number of grants and contracts and the amount of funds distributed under this section; (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts; (3) a summary of the activities implemented under subsection (f) and, as applicable, subsection (g), including data on the number of postsecondary students with print disabilities served and the number of instructional material requests executed and delivered in specialized formats; and (4) an evaluation of the effectiveness of programs funded under this section. (i) Requirement for producers of instructional materials Producers of instructional materials for the postsecondary education market that are involved in or affecting interstate commerce, produce such materials for institutions of higher education that receive Federal funds, and incorporate synchronized audio and visual formats (including DVDs, CDs, video, web video, and similar formats) shall provide closed captions or subtitles. D Commission on Serving and Supporting Students with Psychiatric Disabilities in Institutions of Higher Education 941. Commission on Serving and Supporting Students With Psychiatric Disabilities in Institutions of Higher Education (a) Establishment of Advisory Commission on Serving and Supporting Students with Psychiatric Disabilities on College Campuses (1) In general The Secretary shall establish a commission to be known as the Advisory Commission on Serving and Supporting Students with Psychiatric Disabilities in Institutions of Higher Education (referred to in this section as the Commission (2) Membership (A) Total number of members The Commission shall include not more than 15 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) Members of the Commission The Commission members shall include 1 representative from each of the following categories: (i) The Office of Postsecondary Education of the Department. (ii) The Office of Special Education and Rehabilitative Services of the Department. (iii) The Office for Civil Rights of the Department. (iv) The National Council on Disability. (v) The Association on Higher Education and Disability, or a similar organization, as determined by the Secretary. (vi) The Protection and Advocacy for Individuals with Mental Illness program of the National Disability Rights Network, or a similar program, as determined by the Secretary. (vii) A national organization representing postsecondary education students with psychiatric disabilities. (C) Additional members of the Commission The Commission members shall include 4 representatives from each of the following categories: (i) Staff from institutions of higher education with demonstrated experience in successfully supporting the retention and graduation of students with psychiatric disabilities. With respect to the 4 members appointed under this clause— (I) 1 member shall be a staff member of a 2-year degree-granting institution and 1 member shall be a staff member from a 4-year degree-granting institution; and (II) the 4 members selected shall represent institutions of differing sizes. (ii) Individuals with psychiatric disabilities, including not less than 2 currently enrolled postsecondary education students. (D) Timing The Secretary shall establish the Commission and appoint the members of the Commission not later than 120 days after the date of enactment of the Higher Education Affordability Act (3) Chairperson and vice chairperson The Commission shall select a chairperson and vice chairperson from among the members of the Commission. (4) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) First meeting Not later than 60 days after the appointment of the members of the Commission under paragraph (2), the Commission shall hold the Commission’s first meeting. (5) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties of the Commission (1) Study (A) In general The Commission shall conduct a comprehensive study to— (i) assess the barriers and systemic issues that may affect, and support- and service-delivery solutions that may improve, the rates of retention and graduation for postsecondary students with psychiatric disabilities; and (ii) make recommendations related to the development of a comprehensive approach to improve the opportunities for postsecondary students with psychiatric disabilities to receive services and supports that optimize their rates of retention and graduation. (B) Existing information To the extent practicable, in carrying out the study under this paragraph, the Commission shall identify and use existing research, recommendations, and information, as of the time of the study. (C) Recommendations Based on the findings of the study under subparagraph (A), the Commission shall develop recommendations— (i) to inform Federal regulations and legislation regarding the recruitment, retention, and support of students with psychiatric disabilities at institutions of higher education; and (ii) to identify best practices for serving and supporting students with psychiatric disabilities in postsecondary settings, and maintaining the privacy protections provided under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 Family Educational Rights and Privacy Act of 1974 (2) Report Not later than 1 year after the first meeting of the Commission, the Commission shall submit a report to the Secretary and the authorizing committees describing the findings and recommendations of the study conducted under paragraph (1). (3) Dissemination of information In carrying out the study under paragraph (1), the Commission shall disseminate a final report through— (A) the National Technical Assistance Centers established under sections 901 and 902; and (B) other means, as determined by the Commission. (c) Termination of the Commission The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees. E Authorization of appropriations 951. Authorization of appropriations There are authorized to carry out this title such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. . X Amendments to other laws A Truth in Lending Act 1 Definitions 1010. Definitions In this part— (1) the terms alternative repayment arrangement billing group postsecondary education loan student loan servicer (2) the term appropriate committees of Congress (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Education and the Workforce of the House of Representatives; (3) the term Bureau (4) the term private education loan 15 U.S.C. 1650(a) 2 Amendments to Truth in Lending Act 1011. Exempted transactions Section 104 of the Truth in Lending Act ( 15 U.S.C. 1603 (1) in the matter preceding paragraph (1), by striking This title (a) In general (2) by adding at the end the following: (b) Rule of construction Nothing in subsection (a) shall prevent or be construed to prevent the provisions of chapter 6 from applying to any postsecondary education lender, loan holder, or student loan servicer (as those terms are defined in section 188). . 1012. Mandatory certification (a) Amendments Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (1) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In General Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education at which such loan is to be used for a student, such institution's certification of— (i) the enrollment status of the student; (ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.); and (iii) the difference between— (I) such cost of attendance; and (II) the student's estimated financial assistance, including financial assistance received under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student pursued such assistance, and other financial assistance known to the institution, as applicable. (B) Limitation on Extension of Credit A creditor shall not issue funds with respect to an extension of credit described in this subsection in an amount that is greater than the amount described in subparagraph (A)(iii). (C) Exception Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification— (i) the requested certification; (ii) a notification of a refusal to certify pursuant to section 487(a)(28)(A)(i)(II) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(28)(A)(i)(II) (iii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. (D) Loans Disbursed Without Certification If a creditor issues funds without obtaining a certification, as described in subparagraph (C), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau. ; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; (3) by inserting after paragraph (8) the following: (9) Provision of information (A) Provision of Information to Students (i) Loan Statement A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. (ii) Contents of Loan Statement Each statement described in clause (i) shall— (I) report the borrower's total remaining principal balance, including accrued but unpaid interest and capitalized interest; (II) report any increases in the principal balance since the last statement; and (III) list the current interest rate for each loan. (B) Notification of loans disbursed without certification On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau of Consumer Financial Protection. (C) Annual report (i) In general A creditor that offers to issue funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau of Consumer Financial Protection containing the required information about private education loans described in clause (ii). (ii) Information to be included Each annual report required under clause (i) shall include the following information: (I) The number of borrowers who request a private education loan who have not exhausted the financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (II) The number of borrowers who request a private education loan above the cost of attendance. (III) The number of borrowers who request a private education loan who have not exhausted their financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1094(a)(28)(A) (IV) The number of borrowers who request a private education loan who have not exhausted their financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 20 U.S.C. 1094(a)(28)(A) (V) Any other information the Bureau of Consumer Financial Protection, in consultation with the Secretary of Education, requires. ; and (4) by adding at the end the following: (13) Private education loan information in the National Student Loan Data System (A) Information from lender Each private educational lender shall submit to the Director of the Bureau and the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (B) Promulgation of regulation Not later than 1 year after the date of enactment of the Higher Education Affordability Act, the Director, in coordination with the Secretary of Education, shall promulgate a regulation regarding the private education loan information required to be submitted under subparagraph (A), including what private education loan information shall be required to be submitted and the method and format for submission. (14) Additional electronic disclosures (A) Availability of agreements (i) In general Each private educational lender shall establish and maintain an Internet site on which the private educational lender shall post the written agreement between the private educational lender and the borrower for each private education loan account. Each private educational lender shall also describe the number of private education loans, along with the average loan amount at the time of disbursement, associated with each private education loan of the borrower. (ii) Protection of individual borrower information A private educational lender may not post individual borrower information on the Internet site established and maintained under clause (i). (B) Provision of agreements to bureau (i) In general Each private educational lender shall provide to the Bureau, in electronic format, the private education loan agreements that it publishes on the Internet site of the private educational lender pursuant to subparagraph (A). (ii) Record repository The Bureau shall establish and maintain on the publicly available Internet site of the Bureau a central repository of the private education loan agreements received by the Bureau pursuant to clause (i), which shall be easily accessible and retrievable by the public. (iii) Protection of individual borrower information The Bureau may not post individual borrower information on the Internet site described in clause (ii). (C) Exception This paragraph does not apply to individually negotiated changes to contractual terms, including individually modified workouts or renegotiations of amounts owed by a borrower under a private educational loan. (D) Regulations The Bureau may, in consultation with the other Federal banking agencies (as that term is defined in section 603 of the Truth in Lending Act ( 15 U.S.C. 1681a (i) specifying the format in which a private educational lender shall publish private education loan agreements on the Internet site of the private educational lender; and (ii) establishing exceptions to subparagraphs (A) and (B)(i) in any case in which the administrative burden outweighs the benefit of increased transparency, including when a postsecondary education loan product has a de minimis number of consumer account holders. (15) Predispute agreements and waivers (A) In general A borrower may not waive any right or remedy relating to a private education loan that is available to the borrower against a private educational lender, postsecondary education lender, loan holder, or student loan servicer (as such terms are defined in section 188) before the dispute as to which the right or remedy relates arises. Any such waiver agreed to before, on, or after the date of enactment of the Higher Education Affordability Act shall not be enforceable and shall have no force or effect. (B) Predispute arbitration agreements An agreement entered before, on, or after the date of enactment of the Higher Education Affordability Act to arbitrate a dispute relating to a private education loan that had not arisen at the time the agreement was entered shall not be enforceable and shall have no force or effect. (16) Discharge of private education loans in the event of death or disability of the borrower Each private education loan shall include terms that provide that the liability to repay the loan shall be cancelled— (A) upon the death of the borrower; (B) if the borrower becomes permanently and totally disabled, as determined under paragraph (1) or (3) of section 437(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) (C) if the Secretary of Veterans Affairs or the Secretary of Defense determines that the borrower is unemployable due to a service-connected condition or disability, in accordance with the requirements of section 437(a)(2) of that Act and the regulations promulgated by the Secretary of Education under that section. . (b) Regulations Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall issue final regulations implementing paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (c) Report on mandatory certification Not later than 2 years after the issuance of the regulations required under subsection (b), and at any other time determined appropriate by the Director of the Bureau of Consumer Financial Protection and the Secretary of Education jointly, the Director and the Secretary shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 20 U.S.C. 1094(a)(28) 1013. Civil liability Section 130 of the Truth in Lending Act ( 15 U.S.C. 1640 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting and any postsecondary education lender, loan holder, or student loan servicer (as such terms are defined in section 188) who fails to comply with any requirement imposed under chapter 6 with respect to any person is liable to such person (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking ; or (iv) , or (iv) (II) by inserting , or (v) in the case of a postsecondary education lender, loan holder, or student loan servicer (as such terms are defined in section 188) who fails to comply with any requirement imposed under chapter 6, not less than $400 or greater than $4,000 (ii) in subparagraph (B), by inserting , postsecondary education lender, loan holder, or student loan servicer creditor (C) in the matter following paragraph (4)— (i) in the first sentence— (I) by inserting , postsecondary education lender, loan holder, or student loan servicer creditor (II) by striking creditor's failure failure by the creditor, postsecondary education lender, loan holder, or student loan servicer (ii) in the fourth sentence, by inserting other than the disclosures required under section 128(e)(12), referred to in section 128, (iii) in the fifth sentence, by inserting , postsecondary education lender, loan holder, or student loan servicer creditor (2) in subsection (c), by striking creditor or assignee creditor, assignee, postsecondary education lender, loan holder, or student loan servicer (3) in subsection (e), as amended by sections 1416(b) and 1422 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (A) in the second sentence, by inserting or chapter 6 section 129, 129B, or 129C (B) in the fourth sentence, by inserting or chapter 6 or 129H (4) in subsection (h)— (A) by striking creditor or assignee creditor, assignee, postsecondary education lender, loan holder, or student loan servicer (B) by striking creditor's or assignee's liability liability of the creditor, assignee, postsecondary education lender, loan holder, or student loan servicer 1014. Definition of private education loan Section 140(a)(7)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(7)(A) (1) in clause (i), by striking and (2) by redesignating clause (ii) as clause (iii); and (3) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. . 1015. Revenue sharing and disclosure of affiliation Chapter 2 of title I of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Preventing unfair and deceptive marketing of consumer financial products and services to students of institutions of higher education (a) Definitions In this section: (1) Affiliate The term affiliate (2) Affiliated (A) In general The term affiliated (i) the name, emblem, mascot, or logo of the institution being used with respect to such product or service; or (ii) some other word, picture, or symbol readily identified with the institution in the marketing of the consumer financial product or service in any way that implies that the institution endorses the consumer financial product or service. (B) Rule of construction Nothing in subparagraph (A) shall be construed to deem an association between an institution of higher education and a consumer financial product or service to be affiliated if such association is solely based on an advertisement by a financial institution that is delivered to a wide and general audience consisting of more than enrolled students at the institution of higher education. (3) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (4) Financial institution The term financial institution (A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of such person described in subparagraph (A) if such affiliate acts as a service provider to such person. (5) Institution of higher education The term institution of higher education (6) Person The term person (7) Revenue-sharing arrangement The term revenue-sharing arrangement (A) means an arrangement between an institution of higher education and a financial institution under which— (i) a financial institution provides or issues a consumer financial product or service to college students attending the institution of higher education; (ii) the institution of higher education recommends, promotes, sponsors, or otherwise endorses the financial institution, or the consumer financial products or services offered by the financial institution; and (iii) the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education, or to an officer, employee, or agent of the institution of higher education, in connection with the consumer financial products and services provided to college students attending the institution of higher education; and (B) does not include an arrangement solely based on a financial institution paying a fair market price to an institution of higher education for the institution of higher education to advertise or market the financial institution to the general public. (8) Service provider The term service provider (A) means any person that provides a material service to another person in connection with the offering or provision by such other person of a consumer financial product or service, including a person that— (i) participates in designing, operating, or maintaining the consumer financial product or service; or (ii) processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes); and (B) does not include a person solely by virtue of such person offering or providing to another person— (i) a support service of a type provided to businesses generally or a similar ministerial service; or (ii) time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media. (b) Disclosure of affiliation (1) Reports by financial institutions (A) In general Not later than 180 days after the date of enactment of the Higher Education Affordability Act, and annually thereafter, each financial institution shall submit a report to the Bureau containing the terms and conditions of all business, marketing, and promotional agreements that the financial institution has with any institution of higher education, or an alumni organization or foundation that is an affiliate of or related to an institution of higher education, relating to any consumer financial product or service offered to college students at institutions of higher education. (B) Details of report The information required to be reported under subparagraph (A) includes— (i) any memorandum of understanding between or among the financial institution and an institution of higher education, alumni association, or foundation that directly or indirectly relates to any aspect of an agreement referred to in subparagraph (A) or controls or directs any obligations or distribution of benefits between or among the entities; and (ii) the number and dollar amount outstanding of consumer financial products or services accounts covered by any such agreement that were originated during the period covered by the report, and the total number and dollar amount of consumer financial products or services accounts covered by the agreement that were outstanding at the end of such period. (C) Aggregation by institution The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation that is an affiliate of or related to the institution of higher education. (2) Reports by Bureau The Bureau shall submit to Congress, and make available to the public, an annual report that lists the information submitted to the Bureau under paragraph (1). (3) Electronic disclosures (A) Posting agreements Each financial institution shall establish and maintain an Internet site on which the financial institution shall post the written agreement between the financial institution and the institution of higher education for each affiliated consumer financial product or service. (B) Financial institution to provide contracts to the bureau Each financial institution shall provide to the Bureau, in electronic format, the written agreements that it publishes on its Internet site pursuant to this paragraph. (C) Record repository The Bureau shall establish and maintain on its publicly available Internet site a central repository of the agreements received from financial institutions pursuant to this paragraph, and such agreements shall be easily accessible and retrievable by the public. (D) Exception This paragraph shall not apply to individually negotiated changes to contractual terms, such as individually modified workouts or renegotiations of amounts owed by an institution of higher education. (c) Prohibition of revenue-Sharing arrangement A financial institution that offers a consumer financial product or service that is affiliated with an institution of higher education may not enter into a revenue-sharing arrangement with the institution of higher education. (d) Rule of construction Nothing in this section shall be construed to prohibit a financial institution from establishing a consumer product or service affiliated with an institution of higher education if— (1) the consumer product or service will— (A) assist college students in reducing costs or fees associated with the use of consumer financial products or services; (B) increase consumer choice; and (C) enhance consumer protections; and (2) the financial institution is in compliance with the requirements of this Act. . 1016. Improved consumer protections for student loan servicing (a) In general The Truth in Lending Act ( 15 U.S.C. 1601 et seq. 6 Postsecondary Education Loans Sec. 188. Definitions. 189. Servicing of postsecondary education loans. 190. Payments and fees. 191. Authority of Bureau. 192. State laws unaffected; inconsistent Federal and State provisions. 188. Definitions In this chapter: (1) Alternative repayment arrangement The term alternative repayment arrangement (A) that is different than the terms under an existing postsecondary education loan; and (B) pursuant to which remittance of a monthly payment— (i) satisfies the terms of the postsecondary education loan; or (ii) is not required for a period of 1 or more months in order to satisfy the terms of the postsecondary education loan. (2) Billing group The term billing group (A) is serviced by a student loan servicer; and (B) includes 2 or more postsecondary education loans that are in repayment status. (3) Bureau The term Bureau (4) Effective date of transfer The term effective date of transfer (5) Federal Direct Loan The term Federal Direct Loan (6) Federal Perkins Loan The term Federal Perkins Loan (7) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (8) Late fee The term late fee (9) Loan holder The term loan holder (10) Open end credit plan The term open end credit plan (11) Postsecondary education expense The term postsecondary education expense 20 U.S.C. 1087ll (12) Postsecondary education lender The term postsecondary education lender (A) means— (i) a financial institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) that solicits, makes, or extends postsecondary education loans; (ii) a Federal credit union, as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (iii) any other person engaged in the business of soliciting, making, or extending postsecondary education loans; and (B) does not include— (i) the Secretary of Education; or (ii) an institution of higher education with respect to any Federal Perkins Loan made by the institution. (13) Postsecondary education loan The term postsecondary education loan (A) means a loan that is— (i) made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. (ii) issued or made by a postsecondary education lender and is— (I) extended to a borrower with the expectation that the amounts extended will be used in whole or in part to pay postsecondary education expenses; or (II) extended for the purpose of refinancing or consolidating 1 or more loans described in subclause (I) or clause (i); (B) includes a private education loan (as defined in section 140(a)); and (C) does not include a loan— (i) made under an open-end credit plan; or (ii) that is secured by real property. (14) Qualified written request (A) In general Subject to subparagraph (B), the term qualified written request (i) includes, or otherwise enables the student loan servicer to identify, the name and account of the borrower; and (ii) includes, to the extent applicable— (I) sufficient detail regarding the information sought by the borrower; or (II) a statement of the reasons for the belief of the borrower that there is an error regarding the account of the borrower. (B) Correspondence delivered to other addresses (i) In general A written correspondence of a borrower is a qualified written request if the written correspondence— (I) meets the requirements under clauses (i) and (ii) of subparagraph (A); and (II) is transmitted to and received by a student loan servicer at a mailing address, facsimile number, email address, or website address other than the address or number designated by that student loan servicer to receive communications from borrowers. (ii) Duty to transfer A student loan servicer shall, within a reasonable period of time, transfer a written correspondence of a borrower received by the student loan servicer at a mailing address, facsimile number, email address, or website address other than the address or number designated by that student loan servicer to receive communications from borrowers to the correct address or appropriate office or other unit of the student loan servicer. (iii) Date of receipt A written correspondence of a borrower transferred in accordance with clause (ii) shall be deemed to be received by the student loan servicer on the date on which the written correspondence is transferred to the correct address or appropriate office or other unit of the student loan servicer. (15) Student loan servicer The term student loan servicer (A) means a person who performs student loan servicing; (B) includes a person performing student loan servicing for a postsecondary education loan on behalf of an institution of higher education or the Secretary of Education under a contract or other agreement; (C) does not include the Secretary of Education to the extent the Secretary directly performs student loan servicing for a postsecondary education loan; and (D) does not include an institution of higher education, to the extent that the institution directly performs student loan servicing for a Federal Perkins Loan made by the institution. (16) Student loan servicing The term student loan servicing (A) Receiving any scheduled periodic payments from a borrower under a postsecondary education loan (or notification of such payments). (B) Applying payments described in subparagraph (A) to an account of the borrower pursuant to the terms of the postsecondary education loan or of the contract governing the servicing of the postsecondary education loan. (C) During a period in which no payment is required on the postsecondary education loan— (i) maintaining account records for the postsecondary education loan; and (ii) communicating with the borrower on behalf of the loan holder or, with respect to a Federal Direct Loan or Federal Perkins Loan, the Secretary of Education or the institution of higher education that made the loan, respectively. (D) Interacting with a borrower to facilitate the activities described in subparagraphs (A), (B), and (C), including activities to help prevent default by the borrower of the obligations arising from the postsecondary education loan. (17) Transfer of servicing The term transfer of servicing (18) Transferee servicer The term transferee servicer (19) Transferor servicer The term transferor servicer 189. Servicing of postsecondary education loans (a) Student loan servicer requirements A student loan servicer may not— (1) charge a fee for responding to a qualified written request under this chapter; (2) fail to take timely action to respond to a qualified written request from a borrower to correct an error relating to an allocation of payment or the payoff amount of the postsecondary education loan; (3) fail to take reasonable steps to avail the borrower of all possible alternative repayment arrangements to avoid default; (4) fail to perform the obligations required under section 493C(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1098e(d) (5) fail to respond within 10 business days to a request from a borrower to provide the name, address, and other relevant contact information of the loan holder of the borrower's postsecondary education loan or, for a Federal Direct Loan or a Federal Perkins Loan, the Secretary of Education or the institution of higher education who made the loan, respectively; (6) fail to comply with— (A) any applicable requirement of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.); or (B) in the case of a postsecondary education loan made, issued, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 42 U.S.C. 297a et seq. (7) fail to comply with any other obligation that the Bureau, by regulation, has determined to be appropriate to carry out the consumer protection purposes of this chapter; or (8) fail to perform other standard servicer's duties. (b) Borrower inquiries (1) Duty of student loan servicers to respond to borrower inquiries (A) Notice of receipt of request If a borrower under a postsecondary education loan submits a qualified written request to the student loan servicer for information relating to the student loan servicing of the postsecondary education loan, the student loan servicer shall provide a written response acknowledging receipt of the qualified written request within 5 business days unless any action requested by the borrower is taken within such period. (B) Action with respect to inquiry Not later than 30 business days after the receipt from any borrower of any qualified written request under subparagraph (A) and, if applicable, before taking any action with respect to the qualified written request of the borrower, the student loan servicer shall— (i) make appropriate corrections in the account of the borrower, including the crediting of any late fees, and transmit to the borrower a written notification of such correction (which shall include the name and toll-free or collect-call telephone number of a representative of the student loan servicer who can provide assistance to the borrower); (ii) after conducting an investigation, provide the borrower with a written explanation or clarification that includes— (I) to the extent applicable, a statement of the reasons for which the student loan servicer believes the account of the borrower is correct as determined by the student loan servicer; and (II) the name and toll-free or collect-call telephone number of an individual employed by, or the office or department of, the student loan servicer who can provide assistance to the borrower; or (iii) after conducting an investigation, provide the borrower with a written explanation or clarification that includes— (I) information requested by the borrower or an explanation of why the information requested is unavailable or cannot be obtained by the student loan servicer; and (II) the name and toll-free or collect-call telephone number of an individual employed by, or the office or department of, the student loan servicer who can provide assistance to the borrower. (C) Limited extension of response time (i) In general There may be 1 extension of the 30-day period described in subparagraph (B) of not more than 15 days if, before the end of such 30-day period, the student loan servicer notifies the borrower of the extension and the reasons for the delay in responding. (ii) Reports to Bureau Each student loan servicer shall, on an annual basis, report to the Bureau the aggregate number of extensions sought by the student loan servicer under clause (i). (2) Protection of credit information During the 60-day period beginning on the date on which a student loan servicer receives a qualified written request from a borrower relating to a dispute regarding payments by the borrower, a student loan servicer may not provide negative credit information to any consumer reporting agency (as defined in section 603 of the Truth in Lending Act ( 15 U.S.C. 1681a (3) Single point of contact for certain borrowers A student loan servicer shall designate an office or other unit of the student loan servicer to act as a point of contact regarding postsecondary education loans for— (A) a borrower who is not less than 60 days delinquent under the postsecondary education loan; (B) a borrower who seeks information regarding, seeks to enter an agreement for, or seeks to resolve an issue under a repayment option that requires subsequent submission of supporting documentation; and (C) a borrower under a private education loan (as defined in section 140) who is seeking to modify the terms of the repayment of the postsecondary education loan because of hardship. (c) Liaison for Members of the Armed Forces and veterans (1) Definition In this subsection, the term veteran section 101 (2) Designation A student loan servicer shall designate 1 or more employees to act as a liaison for members of the Armed Forces, veterans, and spouses and dependents of a member of the Armed Forces or a veteran, who shall be— (A) responsible for answering inquiries relating to postsecondary education loans from members of the Armed Forces, veterans, and spouses and dependents of a member of the Armed Forces or a veteran; and (B) specially trained on the benefits available to members of the Armed Forces and veterans under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) and other Federal and State laws relating to postsecondary education loans. (3) Toll free number A student loan servicer shall establish and maintain a toll-free telephone number that— (A) may be used by a member of the Armed Forces, veteran, or spouse or dependent of a member of the Armed Forces or a veteran to connect directly to the liaison designated under paragraph (2); and (B) shall be listed on the primary Internet website of the student loan servicer and on monthly billing statements. (d) Transfer of servicing (1) Disclosure to applicant relating to transfer of servicing (A) In general A postsecondary education lender shall disclose to each person who applies for a postsecondary education loan, at the time of application for the postsecondary education loan, whether there may be a transfer of servicing of the postsecondary education loan at any time during which the postsecondary education loan is outstanding. (B) No liability A postsecondary education lender shall not be liable to a borrower for failure to comply with subparagraph (A) if the application for a postsecondary education loan was made before the regulations established under section 191 take effect. (2) Notice by transferor servicer at time of transfer of servicing (A) Notice requirement A transferor servicer shall notify the borrower under a postsecondary education loan, in writing, of any transfer of student loan servicing for the postsecondary education loan (with respect to which such notice is made). (B) Time of notice (i) In general Except as provided under clause (ii), the notice required under subparagraph (A) shall be made to the borrower not less than 15 days before the effective date of transfer of the student loan servicing of the postsecondary education loan. (ii) Exception for certain proceedings The notice required under subparagraph (A) shall be made to the borrower not more than 30 days after the effective date of transfer of the student loan servicing of the borrower's postsecondary education loan if the transfer of student loan servicing is preceded by— (I) termination of the contract for student loan servicing of the postsecondary education loan for cause; (II) commencement of bankruptcy proceedings of the transferor servicer; or (III) any other situation in which the Bureau determines that such exception is warranted. (C) Contents of notice The notice required under subparagraph (A) shall— (i) be made in writing and, if the transferor servicer has an email address for the borrower, by email; and (ii) include— (I) the effective date of the transfer; (II) the name, address, website, and toll-free or collect-call telephone number of the transferee servicer; (III) a toll-free or collect-call telephone number for an individual employed by the transferor servicer, or the office or department of, the transferor servicer that can be contacted by the borrower to answer inquiries relating to the transfer of servicing; (IV) the name and toll-free or collect-call telephone number for an individual employed by the transferee servicer, or the office or department of, the transferee servicer that can be contacted by the borrower to answer inquiries relating to the transfer of servicing; (V) the date on which the transferor servicer will cease to accept payments relating to the borrower's postsecondary education loan and the date on which the transferee servicer will begin to accept such payments; (VI) a statement that the transfer of student loan servicing of the postsecondary education loan does not affect any term or condition of the postsecondary education loan other than terms directly related to the student loan servicing of the postsecondary education loan; (VII) a statement disclosing— (aa) whether borrower authorization for recurring electronic funds transfers will be transferred to the transferee servicer; and (bb) if any such recurring electronic funds transfers cannot be transferred, information as to how the borrower may establish new recurring electronic funds transfers in connection with transfer of servicing to the transferee servicer; (VIII) a statement disclosing— (aa) the application of all payments and charges relating to the borrower's postsecondary education loan as of the effective date of the transfer, including— (AA) the date the last payment of the borrower was received; (BB) the date the last late fee, arrearages, or other charge was applied; and (CC) the amount of the last payment allocated to principal, interest, and other charges; (bb) the status of the borrower's postsecondary education loan as of the effective date of the transfer, including whether the loan is in default; (cc) whether any application for an alternative repayment arrangement submitted by the borrower is pending; and (dd) an itemization and explanation for all arrearages claimed to be due as of the effective date of the transfer; (IX) a detailed description of any benefit, alternative repayment arrangement, or other term or condition arranged between the transferor servicer and the borrower that is not included in the terms of the promissory note; (X) a detailed description of any item identified under subclause (VIII) that will cease to apply upon transfer, including an explanation; and (XI) information on how to file a complaint with the Bureau. (3) Notice by transferee servicer at time of transfer of servicing (A) Notice requirement A transferee servicer shall notify the borrower under a postsecondary education loan, in writing, of any transfer of servicing of the postsecondary education loan. (B) Time of notice (i) In general Except as provided in clause (ii), the notice required under subparagraph (A) shall be made to the borrower not more than 15 days after the effective date of transfer of the student loan servicing of the borrower's postsecondary education loan. (ii) Exception for certain proceedings The notice required under subparagraph (A) shall be made to the borrower not more than 30 days after the effective date of transfer of the student loan servicing of the student loan servicing of borrower's postsecondary education loan if the transfer of servicing is preceded by— (I) termination of the contract for student loan servicing the postsecondary education loan for cause; (II) commencement of bankruptcy proceedings of the transferor servicer; or (III) any other situation in which the Bureau determines that such exception is warranted. (C) Contents of notice The notice required under subparagraph (A) shall be made in the same manner as under paragraph (2)(C) and include the information described in paragraph (2)(C). (4) Method of notification The notification required under this subsection shall be provided in writing. (5) Treatment of loan payments during transfer period (A) In general During the 60-day period beginning on the effective date of transfer relating to a borrower's postsecondary education loan, a late fee may not be imposed on the borrower with respect to any payment on the postsecondary education loan, and no such payment may be treated as late for any other purposes, if the payment is received by the transferor servicer (rather than the transferee servicer who should properly receive payment) before the due date applicable to such payment. (B) Notice To the maximum extent practicable, a transferor servicer shall notify a borrower, both in writing and by telephone, regarding any payment received by the transferor servicer (rather than the transferee servicer who should properly receive payment). (6) Electronic fund transfer authority A transferee servicer shall make available to a borrower whose student loan servicing is transferred to the transferee servicer a simple, online process through which the borrower may transfer to the transferee servicer any existing authority for an electronic fund transfer that the borrower had provided to the transferor servicer. (7) Servicer liability (A) Effective date of regulations A student loan servicer shall not be liable to a borrower for failure to comply with paragraph (2) or (3) with respect to a transfer of student loan servicing before the regulations under section 191 take effect. (B) Mitigating action A student loan servicer or a postsecondary education lender shall not be liable to a borrower for failure to comply with a requirement under this section if, not later than 60 days after discovering an error and before the commencement of an action under section 130 or the receipt of written notice of the error from the borrower, the student loan servicer notifies the borrower of the error and makes any adjustments in the appropriate account that are necessary to ensure that the borrower will not be required to pay an amount greater than the amount that the borrower otherwise would have paid. 190. Payments and fees (a) Prohibition on recommending default A loan holder or student loan servicer may not recommend or encourage default or delinquency on an existing postsecondary education loan prior to and in connection with the process of qualifying for or enrolling in an alternative repayment arrangement, including the origination of a new postsecondary education loan that refinances all or any portion of such existing loan or debt. (b) Late fees (1) In general A late fee may not be charged to a borrower under a postsecondary education loan under any of the following circumstances, either individually or in combination: (A) On a per-loan basis when a borrower has multiple postsecondary education loans in a billing group. (B) In an amount greater than 4 percent of the amount of the payment past due. (C) Before the end of the 15-day period beginning on the date the payment is due. (D) More than once with respect to a single late payment. (E) The borrower fails to make a singular, non successive regularly-scheduled payment on the postsecondary education loan. (2) Coordination with subsequent late fees No late fee may be charged to a borrower under a postsecondary education loan relating to an insufficient payment if the payment is made on or before the due date of the payment, or within any applicable grace period for the payment, if the insufficiency is attributable only to a late fee relating to an earlier payment, and the payment is otherwise a full payment for the applicable period. (c) Acceleration of postsecondary education loans (1) In general Except as provided in paragraph (2), a postsecondary education loan executed after the date of enactment of the Higher Education Affordability Act may not include a provision that permits the loan holder or student loan servicer to accelerate, in whole or in part, payments on the postsecondary education loan. (2) Acceleration caused by a payment default A postsecondary education loan may include a provision that permits acceleration of the postsecondary education loan in cases of payment default. (d) Modification and deferral fees prohibited A loan holder or student loan servicer may not charge a borrower any fee to modify, renew, extend, or amend a postsecondary education loan, or to defer any payment due under the terms of a postsecondary education loan. (e) Payoff statement (1) Fees (A) In general Except as provided in subparagraph (B) or (D), a loan holder or student loan servicer may not charge a fee for informing or transmitting to a borrower or a person authorized by the borrower the balance due to pay off the outstanding balance on a postsecondary education loan. (B) Transaction fee If a loan holder or student loan servicer provides the information described in subparagraph (A) by facsimile transmission or courier service, the loan holder or student loan servicer may charge a processing fee to cover the cost of such transmission or service in an amount that is not more than a comparable fee imposed for similar services provided in connection with consumer credit transactions. (C) Fee disclosure A loan holder or student loan servicer shall disclose to the borrower that payoff balances are available for free pursuant to subparagraph (A) before charging a transaction fee under subparagraph (B). (D) Multiple requests If a loan holder or student loan servicer has provided the information described in subparagraph (A) without charge, other than the transaction fee permitted under subparagraph (B), on 4 or more occasions during a calendar year, the loan holder or student loan servicer may thereafter charge a reasonable fee for providing such information during the remainder of the calendar year. (2) Prompt delivery A loan holder or a student loan servicer that has received a request by a borrower or a person authorized by a borrower for the information described in paragraph (1)(A) shall provide such information to the borrower or person authorized by the borrower not later than 5 business days after receiving such request. (f) Interest rate and term changes for certain postsecondary education loans (1) Notification requirements (A) In general Except as provided in paragraph (3), a student loan servicer shall provide written notice to a borrower of any material change in the terms of the postsecondary education loan, including an increase in the interest rate, not later than 45 days before the effective date of the change or increase. (B) Material changes in terms The Bureau shall, by regulation, establish guidelines for determining which changes in terms are material under subparagraph (A). (2) Limits on interest rate and fee increases applicable to outstanding balance Except as provided in paragraph (3), a loan holder or student loan servicer may not increase the interest rate or other fee applicable to an outstanding balance on a postsecondary education loan. (3) Exceptions The requirements under paragraphs (1) and (2) shall not apply to— (A) an increase in any applicable variable interest rate incorporated in the terms of a postsecondary education loan that provides for changes in the interest rate according to operation of an index that is not under the control of the loan holder or student loan servicer and is published for viewing by the general public; (B) an increase in interest rate due to the completion of a workout or temporary hardship arrangement by the borrower or the failure of the borrower to comply with the terms of a workout or temporary hardship arrangement if— (i) the interest rate applicable to a category of transactions following any such increase does not exceed the rate or fee that applied to that category of transactions prior to commencement of the arrangement; and (ii) the loan holder or student loan servicer has provided the borrower, prior to the commencement of such arrangement, with clear and conspicuous disclosure of the terms of the arrangement (including any increases due to such completion or failure); and (C) an increase in interest rate due to a provision included within the terms of a postsecondary education loan that provides for a lower interest rate based on the borrower’s agreement to a prearranged plan that authorizes recurring electronic funds transfers if— (i) the borrower withdraws the borrower’s authorization of the prearranged recurring electronic funds transfer plan; and (ii) after withdrawal of the borrower’s authorization and prior to increasing the interest rate, the loan holder or student loan servicer has provided the borrower with clear and conspicuous disclosure of the impending change in borrower’s interest rate and a reasonable opportunity to reauthorize the prearranged electronic funds transfers plan. (g) Prompt and fair crediting of payments (1) Prompt crediting Payments received from a borrower under a postsecondary education loan by the student loan servicer shall be posted promptly to the account of the borrower as specified in regulations of the Bureau. Such regulations shall prevent a fee from being imposed on any borrower if the student loan servicer has received the borrower’s payment in readily identifiable form, by 5:00 p.m. on the date on which such payment is due, in the amount, manner, and location specified by the student loan servicer. (2) Application of payments (A) In general (i) Treatments of prepayments A student loan servicer that services a billing group of a borrower shall, upon receipt of a payment from the borrower, apply amounts in excess of the monthly payment amount first to the principal of the postsecondary education loan bearing the highest interest rate, and then to each successive principal balance bearing the next highest interest rate until the payment is exhausted, unless otherwise specified in writing by the borrower. (ii) Treatment of underpayments (I) Regulations required Not later than 1 year after the date on which the Bureau submits the first report required under section 1018 of the Higher Education Affordability Act, the Bureau shall issue regulations establishing the manner in which a student loan servicer shall apply amounts less than the total payment due during the billing cycle. (II) Considerations In issuing the regulations required under subclause (I), the Bureau shall consider— (aa) the impact of the regulations on— (AA) outstanding debt of borrowers and the imposition of late fees; (BB) credit ratings of borrowers; and (CC) continued availability of alternative repayment arrangements; (bb) any other factors the Bureau determines are appropriate; and (cc) the findings from the report required under section 1018 of the Higher Education Affordability Act. (B) Changes by student loan servicer If a student loan servicer makes a material change in the mailing address, office, or procedures for handling borrower payments, and such change causes a material delay in the crediting of a payment made during the 60-day period following the date on which such change took effect, the student loan servicer may not impose any late fee for a late payment on the postsecondary education loan to which such payment was credited. (h) Additional requirements for prepayments (1) Advancement of date due A student loan servicer may advance the date due of the next regularly scheduled installment payment of a postsecondary education loan upon remittance of a prepayment by the borrower, if— (A) the borrower's payment is sufficient to satisfy at least 1 additional installment payment; (B) the number of billing cycles for which the date due is advanced is equal to total number of installment payments satisfied by the prepayment; and (C) upon receipt by the student loan servicer, the prepayment is applied— (i) to the principal balance of the postsecondary education loan; or (ii) if the student loan servicer services a billing group of a borrower, to the principal balance of the postsecondary education loan with the highest interest rate in such billing group. (2) Borrower rights A student loan servicer shall provide a clear, understandable and transparent means, including through submission of an online form, for the borrower to elect to— (A) instruct the servicer not to advance the date due of future installment payments as described in paragraph (1); and (B) voluntarily make payments in excess of the borrower's regularly scheduled installment payment amount on a periodic basis via recurring electronic funds transfers or other automatic payment arrangement. (i) Timing of payments A student loan servicer may not treat a payment on a postsecondary education loan as late for any purpose unless the student loan servicer has adopted reasonable procedures designed to ensure that each billing statement required under subsection (j)(1) is mailed or delivered to the consumer not later than 21 days before the payment due date. (j) Other requirements for postsecondary education loans (1) Statement required with each billing cycle A student loan servicer for each borrower’s account that is being serviced by that student loan servicer and that includes a postsecondary education loan shall transmit to the borrower, for each billing cycle at the end of which there is an outstanding balance in that account, a statement that includes— (A) the outstanding balance in the account at the beginning of the billing cycle; (B) the total amount credited to the account during the billing cycle; (C) the amount of any fee added to the account during the billing cycle, itemized to show the amounts, if any, due to the application of an increased interest rate, and the amount, if any, imposed as a minimum or fixed charge; (D) the balance on which the fee described in subparagraph (C) was computed and a statement of how the balance was determined; (E) whether the balance described in subparagraph (D) was determined without first deducting all payments and other credits during the billing cycle, and the amount of any such payments and credits; (F) the outstanding balance in the account at the end of the billing cycle; (G) the date by which, or the period within which, payment must be made to avoid late fees, if any; (H) the address of the student loan servicer to which the borrower may direct billing inquiries; (I) the amount of any payments or other credits during the billing cycle that was applied to pay down principal, and the amount applied to interest; (J) in the case of a billing group, the allocation of any payments or other credits during the billing cycle to each of the postsecondary education loans in the billing group; and (K) information on how to file a complaint with the Bureau and with the ombudsman designated pursuant to section 1035 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5535 (2) Payment deadlines and penalties (A) Disclosure of payment deadlines In the case of a postsecondary education loan account under which a late fee or charge may be imposed due to the failure of the borrower to make payment on or before the due date for such payment, the billing statement required under paragraph (1) with respect to the account shall include, in a conspicuous location on the billing statement, the date on which the payment is due or, if different, the date on which a late fee will be charged, together with the amount of the late fee to be imposed if payment is made after that date. (B) Payments at local branches If the loan holder, in the case of a postsecondary education loan account referred to in subparagraph (A), is a financial institution that maintains a branch or office at which payments on any such account are accepted from the borrower in person, the date on which the borrower makes a payment on the account at such branch or office shall be considered to be the date on which the payment is made for purposes of determining whether a late fee may be imposed due to the failure of the borrower to make payment on or before the due date for such payment. (k) Corrections and unintentional violations A loan holder or student loan servicer who, when acting in good faith, fails to comply with any requirement under this section will to be deemed to have not violated such requirement if the loan holder or student loan servicer establishes that— (1) not later than 30 days after the date of execution of the postsecondary education loan and prior to the institution of any action under subtitle E of title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5561 et seq. (A) the borrower is notified of or discovers the compliance failure; (B) appropriate restitution to the borrower is made; and (C) necessary adjustments are made to the postsecondary education loan that are necessary to bring the postsecondary education loan into compliance with the requirements of this section; or (2) not later than 60 days after the loan holder or student loan servicer discovers or is notified of an unintentional violation or bona fide error and prior to the institution of any action under subtitle E of title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5561 et seq. (A) the borrower is notified of the compliance failure; (B) appropriate restitution to the borrower is made; and (C) necessary adjustments are made to the postsecondary education loan that are necessary to bring the postsecondary education loan into compliance with the requirements of this section. (l) Rule of construction for Federal postsecondary education loans Nothing in this section shall be construed to supercede any reporting or disclosure requirement required for a postsecondary education loan that is made, issued, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 42 U.S.C. 292 et seq. 42 U.S.C. 297a et seq. 191. Authority of Bureau (a) Authorization The Bureau, in consultation with the Secretary of Education, is authorized to prescribe such rules and regulations, make such interpretations, and grant such reasonable exemptions, in accordance with, and as may be necessary to achieve the purposes of, this chapter. (b) Disclosure requirements (1) In general The Bureau shall, in consultation with the Secretary of Education, issue regulations requiring disclosures, including the disclosures required under section 483A of the Higher Education Act of 1965, to borrowers that clearly and conspicuously inform borrowers of the protections afforded to them under this chapter and under other provisions relating to postsecondary education loans. The Bureau shall consider whether special disclosures are required to accommodate the unique needs of borrowers who are members of the Armed Forces or veterans. (2) Regulations required The regulations issued under paragraph (1) shall— (A) ensure that a borrower is made aware of— (i) all repayment options available to the borrower, including the availability of refinancing products, and the effect of each repayment option on the total amount owed under, total cost of, and time to repay the postsecondary education loan; (ii) the risks and costs associated with default; and (iii) the eligibility of certain borrowers for discharge of certain postsecondary education loans; and (B) require provision of information about how a borrower can file a complaint with the Bureau relating to an alleged violation of this chapter. (3) Timing of disclosures The regulations issued under paragraph (1) shall specify the timing of the disclosures described in paragraph (2)(A). Such timing may include— (A) before the first payment is due under the postsecondary education loan; or (B) when the borrower— (i) first exhibits difficulty in making payments under the postsecondary education loan; (ii) is 30 days delinquent under the postsecondary education loan; (iii) is 60 days delinquent under the postsecondary education loan; (iv) notifies the student loan servicer of the intent of the borrower to forbear or defer payment under the postsecondary education loan; (v) inquires about or requests the refinancing or consolidation of the postsecondary education loan; or (vi) informs the student loan servicer, or a postsecondary education lender acting on behalf of the borrower informs the student loan servicer, that the borrower will be refinancing or consolidating the loan. (c) Unfair, deceptive, and abusive acts or lending practices The Bureau, by regulation or order, shall prohibit acts or practices in connection with— (1) a postsecondary education loan that the Bureau finds to be unfair, deceptive, or designed to evade the provisions of this chapter; or (2) the refinancing of a postsecondary education loan, including facilitation of refinancing or enrollment in an alternative repayment arrangement, that the Bureau finds to be associated with abusive lending practices, or that are otherwise not in the interest of the borrower. (d) Consultation with secretary of education In order to avoid duplication, to the extent practicable, the Bureau, in consultation with the Secretary of Education, may consider— (1) obligations of student loan servicers under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) findings from the report authorized under section 456(d) of the Higher Education Act of 1965 (20 U.S.C. 1087f(d)). 192. State laws unaffected; inconsistent Federal and State provisions Nothing in this chapter shall annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with the laws of any State with respect to student loan servicing practices, fees on postsecondary education loans, or other requirements relating to postsecondary education loans, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this chapter if the Bureau determines that such law gives greater protection to the consumer. In making these determinations the Bureau shall consult with the appropriate Federal agencies. . 3 Regulations and reports 1017. Implementation of regulations (a) In general Except as otherwise provided in this part or the amendments made by this part, the Bureau, in consultation with the Secretary of Education, shall issue the regulations required under this part and the amendments made by this part not later than 1 year after the date of enactment of this Act. (b) Transitional period Any requirement under section 433 of the Higher Education Act of 1965 ( 20 U.S.C. 1083 1018. Report on credit reporting and student lending (a) In general Not later than 1 year after the date of enactment of this Act, and as frequently thereafter as the Director of the Bureau determines an update is necessary, the Bureau shall submit to the appropriate committees of Congress a report on the impact of postsecondary education loan debt, which shall include an evaluation, analysis, and discussion of— (1) the impact on the credit of borrowers of— (A) the common use of billing groups for postsecondary education loans; (B) the delinquency of 2 or more postsecondary education loans contained in a billing group; and (C) the availability of alternative repayment arrangements for postsecondary education loans; (2) what processes student loan servicers implement in furnishing student loan information to credit reporting agencies; (3) the most effective ways to repair the credit history of a borrower after a default or delinquency under a postsecondary education loan; (4) legislative or regulatory changes the Bureau determines would better assist borrowers under postsecondary education loans; (5) the manner in which information about repayment information about postsecondary education loans is furnished to consumer reporting agencies and the impact on the credit profile and credit score of the borrower when servicing rights for postsecondary education loans are transferred between student loan servicers; and (6) any other topics related to credit reporting of postsecondary education loans the Bureau determines are necessary. (b) Disaggregate To the extent practicable, the Director of the Bureau shall disaggregate the findings of the report under paragraph (1) according to race, ethnicity, income level, and geography. 1019. Ombudsman report on private education loan market Not less than once every 2 years, the ombudsman designated pursuant to section 1035 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5535 (1) providing a detailed analysis of material terms and conditions in private education loans; and (2) describing changes in the availability of private education loans and other consumer financial products used to finance postsecondary education expenses. B Internal Revenue Code of 1986 1022. Information sharing authority relating to income-based repayment (a) In general Subparagraph (A) of section 6103(l)(13) who has received an applicable student loan and whose loan repayment amounts are based in whole or in part on the taxpayer's income who is more than 150 days delinquent on an eligible student loan (b) Restriction on redisclosures Subparagraph (B) of section 6103(l)(13) of such Code is amended— (1) by striking Return information (i) In general Except as otherwise provided in this subparagraph, return information , (2) by striking income contingent income-based (3) by inserting for purposes of enrolling the taxpayer in an income‐based repayment plan pursuant to section 493C(d) of the Higher Education Act of 1965 (as in effect on the date of enactment of the Higher Education Affordability Act) (4) by adding at the end the following new clauses: (ii) Redisclosure of repayment amount to certain loan service providers Upon request from an applicable loan service provider, the Secretary of Education may disclose to the taxpayer and to the applicable loan service provider the taxpayer's repayment amount under an income‐based repayment plan described in section 493C(b) of the Higher Education Act of 1965 (as in effect on the date of enactment of the Higher Education Affordability Act). (iii) Use in administrative proceedings The information disclosed pursuant to this paragraph may be open to inspection or disclosure to officers and employees of the Department of Education who are personally and directly engaged in any administrative proceeding arising out of the determination of the income‐based repayment amount and to the taxpayer and the taxpayer's representative. . (c) Definitions Subparagraph (C) of section 6103(l)(13) of such Code is amended to read as follows: (C) Definitions For purposes of this paragraph— (i) Eligible student loan The term eligible student loan eligible loan (ii) Applicable loan service provider For purposes of this subparagraph, the term applicable loan service provider (I) any entity with a contract to service loans under section 456 of the Higher Education Act of 1965, (II) any entity that is a lender of loans made, insured, or guaranteed under part B of such Act, (III) any entity that provides student loan servicing for a lender described in subclause (II). . (d) Termination of authority Subparagraph (D) of section 6103(l)(13) December 31, 2007 December 31, 2019 (e) Conforming amendment The heading for paragraph (13) of section 6103(l) of such Code is amended by striking income contingent repayment of student loans auto-enrollment of delinquent student loan borrowers in income-based repayment plans (f) Application of certain rules to loan servicers (1) In general Paragraph (3) of section 6103(a) (13), (12), (2) Penalty for unauthorized inspection Subparagraph (B) of section 7213A of such Code is amended by striking subsection (l)(18) or (n) of paragraph (13) or (18) of subsection (l) of, or subsection (n) of, (3) Records of inspection and disclosure Subparagraph (A) of section 6103(p)(3) of such Code is amended— (A) by striking (13), (B) by inserting after the second sentence the following new sentence: The Secretary of Education shall supply the Secretary with such information as is necessary to carry out this paragraph as it relates to section 6103(l)(13). (4) Safeguards Paragraph (4) of section 6103(p) of such Code is amended by inserting (13), (l)(10), (g) Effective date The amendments made by this section shall apply to requests made by the Secretary of Education after the date of the enactment of this Act. C Title 11 of the United States Code 1031. Private loan discharge in bankruptcy Section 523(a)(8) dependents, for dependents, for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or an obligation to repay funds received from a governmental unit as an educational benefit, scholarship, or stipend; D Servicemembers Civil Relief Act 1041. Modification of limitation on rate of interest on student loans during and immediately after period of military service (a) Extension of period of applicability of limitation on rate of interest on student loans incurred before service Section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (1) in subparagraph (A), by inserting or a student loan nature of a mortgage (2) in the paragraph heading, by inserting on debt incurred before service Limitation to 6 percent (b) Debt entered into during military service To consolidate or refinance student loans incurred before military service Subsection (a) of section 207 of such Act ( 50 U.S.C. App. 527 (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service and one year thereafter. ; (3) in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting or (2) paragraph (1) (4) in paragraph (4), as so redesignated, by striking paragraph (2) paragraph (3) (c) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) an interest rate limitation in paragraph (1) or (2) of subsection (a) (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) (d) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) A student loan made pursuant to title VII or VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.). (C) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). . E United States Institute of Peace Act 1051. United States Institute of Peace Act Section 1710(a)(1) of the United States Institute of Peace Act ( 22 U.S.C. 4609(a)(1) to be appropriated to be appropriated such sums as may be necessary for fiscal years 2015 through 2019 XI Reports, Studies, and Miscellaneous provisions 1101. Consumer protections for students (a) In general (1) Definitions In this section: (A) Federal financial assistance program The term Federal financial assistance program (i) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. 29 U.S.C. 3111 et seq. (iii) The Adult Education and Family Literacy Act ( 29 U.S.C. 3101 (iv) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (v) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (vi) Section 1784a, 2005, or 2007 of title 10, United States Code. (B) Institution of higher education The term institution of higher education (i) with respect to a program authorized under subparagraph (A)(i), has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (ii) with respect to a program authorized under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), has the meaning given the term postsecondary educational institution 29 U.S.C. 2801 29 U.S.C. 3111 et seq. institution of higher education 29 U.S.C. 3102 (iii) with respect to a program authorized under subparagraph (A)(iii), has the meaning given the term postsecondary educational institution 29 U.S.C. 3272 (iv) with respect to a program authorized under subparagraph (A)(iv), has the meaning given the term educational institution section 3452 (v) with respect to a program authorized under subparagraph (A)(v), means an educational institution that awards a degree or certificate and is located in any State; and (vi) with respect to a program authorized under subparagraph (A)(vi), means an educational institution that awards a degree or certificate and is located in any State. (C) State (i) State The term State (ii) Freely associated States The term freely associated States (2) Consumer protections Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a condition for entry into such occupation or profession, unless, by not later than 1 year after the date of enactment of this Act— (A) the successful completion of the program fully qualifies a student, in the Metropolitan Statistical Area in which the student resides (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program), to— (i) take any examination required for entry into the recognized occupation or profession in the Metropolitan Statistical Area and State in which the student resides, including satisfying all State or professionally mandated programmatic and specialized accreditation requirements, if any; and (ii) be certified or licensed or meet any other academically related conditions that are required for entry into the recognized occupation or profession in the State; and (B) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession, such as clinical placements, internships, or apprenticeships. (3) Regulations on programs in preaccreditation status The Secretary of Education shall promulgate regulations on requirements of an institution of higher education with respect to any program of the institution that is in a preaccredited status, including limitations on, or requirements of, advertisement of the program to students. Such regulations shall be consistent with the provisions of paragraph (2). (4) Loan discharge The Secretary of Education shall promulgate regulations that condition eligibility for an institution of higher education to participate in any Federal financial assistance program on the institution signing with each student enrolled in any program of the institution that is in a preaccredited status, a loan discharge agreement. (b) Effective date This section shall take effect on the date that is 1 year after the date of enactment of this Act. 1102. Longitudinal study of the effectiveness of student loan counseling (a) In General Not later than 1 year after the date of enactment of this Act, the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, acting through the Director of the Institute of Education Sciences, shall begin conducting a rigorous longitudinal study of the impact and effectiveness of student loan counseling, as provided in accordance with subsections (b), (l), and (n) of section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (b) Contents The longitudinal study shall include borrower information, in the aggregate and disaggregated by race, ethnicity, gender, income, and status as an individual with a disability, about— (1) student persistence; (2) degree attainment; (3) program completion; (4) successful entry into student loan repayment; (5) cumulative borrowing levels; and (6) such other factors as the Secretary may determine. (c) Interim Reports Not later than 18 months after the commencement of the study described under this section, and annually thereafter, the Secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of Congress. (d) Authorization of Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. 1103. Recommendations for student loan counseling The Secretary of the Treasury, acting through the President’s Advisory Council on Financial Capability and the Financial Literacy and Education Commission, shall prepare and submit to Congress and to the Secretary of Education a report containing recommendations about information, including methods and strategies for conveying such information to borrowers in order to ensure comprehension, that should be included in financial literacy counseling for first-time student loan borrowers. 1104. Working group on improvement of resources available to members of the Armed Forces and their spouses in using tuition assistance programs of the Department of Defense (a) Working group required The Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Bureau of Consumer Financial Protection shall jointly, and in consultation with the heads of such other departments and agencies of the Federal Government as such officials consider appropriate, establish and maintain a working group to assess and improve the resources available to education service officers and other personnel of the Federal Government who provide assistance to members of the Armed Forces and their spouses in using or seeking to use the tuition assistance programs of the Department of Defense. (b) Resources In improving resources as described in subsection (a), the working group shall provide for the inclusion of the following in such resources: (1) Information on the benefits and protections for members of the Armed Forces and their dependents provided in this Act and the amendments made by this Act. (2) Consumer information, resources, and tools created and maintained by the working group pursuant to this section. (3) Information on the availability of consumer protection measures, including the complaint system established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving servicemembers, veterans, spouses, and other family members). (4) Such other information or resources as the working group considers appropriate. 1105. Study on public service loan forgiveness (a) In general By not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the Director of the Bureau of Consumer Financial Protection, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report evaluating the effectiveness of the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (b) Contents The report required under subsection (a) shall include— (1) an analysis of total borrowing for prospective recipients of loan forgiveness under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (2) an analysis of the public service entities employing prospective recipients of loan forgiveness under such section, including public service organizations identified on the certification forms developed by the Secretary pursuant to such section; (3) an analysis of the impact of the availability of public service loan forgiveness under such section on the utilization of other benefits established to encourage or reward public service employment under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 20 U.S.C. 1078–10 (4) an analysis of the impact public service loan forgiveness under section 455(m) of such Act has had on the existence of loan repayment assistance programs offered by institutions of higher education for students employed in public service; (5) an evaluation of the impact of the public service loan forgiveness program under such section on total tuition and fees at institutions where the Secretary finds a reasonable number of borrowers are both— (A) prospective recipients of loan forgiveness under section 455(m), as described in paragraph (1); and (B) recipients of an award under a loan repayment assistance program made by an institution of higher education described in paragraph (4); (6) an evaluation of the impact of borrowers described in paragraph (5) on total program costs for the public service loan forgiveness program under section 455(m); and (7) an evaluation of the cost and feasibility of altering the public service loan forgiveness program carried out under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) in order to allow a proportionate percentage of loan cancellation for each year of public service that the individual completes, and a comparison of the estimated costs of such a prorated program with the estimated costs of the public service loan forgiveness program carried out under such section 455(m), as in effect on the date of the study. 1106. Longitudinal study of the causes of student loan default (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, acting through the Director of the Institute of Education Sciences, shall begin conducting a rigorous longitudinal study of the causes of default on loans made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. (b) Contents The longitudinal study shall include— (1) information about borrowers of loans described in subsection (a), disaggregated by age, race, ethnicity, gender, status as an individual with a disability, and status as a low-income individual, regarding possible risk factors for default, including— (A) the type of institution attended by the borrower; (B) the degree or program in which the borrower was enrolled; (C) educational attainment level; (D) personal and financial circumstances; (E) employment status; (F) types of loans held by the borrower; (G) the interest rate on outstanding loans held by the borrower; (H) the repayment plan selected by the borrower; (I) loan servicing difficulties; (J) outstanding debt level; and (K) such other factors as the Secretary and Director of the Bureau of Consumer Financial Protection may determine; (2) consideration of the relevance of the possible risk factors; and (3) policy recommendations designed to decrease the likelihood of student loan default. (c) Reports (1) Interim reports Not later than 18 months after the commencement of the study described under this section, and annually thereafter, the Secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of Congress. (2) Final report Upon completion of the study described under this section, the Secretary shall prepare and submit a final report regarding the findings of the study to the appropriate committees of Congress. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. 1107. Institutional Risk-Sharing Commission (a) Establishment of Commission (1) In general The Secretary of Education shall establish an Institutional Risk-Sharing Commission (referred to in this section as the Commission (A) 2 representatives of national or regional student advocacy organizations with a track record of engagement and expertise on issues related to college costs, consumer protection, and institutional accountability and an alternate member. (B) 1 student representative who is attending an institution of higher education on the date of the selection and an alternate member. (C) 1 member of the Bureau of Consumer Financial Protection with demonstrated knowledge of student loan borrowing and an alternate member. (D) 2 administrative officers from different types of institutions of higher education and an alternate member. (E) 1 higher education researcher and an alternate member. (F) 1 State postsecondary education data system director and an alternate member. (G) 1 representative from the National Center for Education Statistics and an alternate member. (H) 1 representative from the Government Accountability Office and an alternate member. (I) 1 representative from the Department of the Treasury and an alternate member. (2) Functions Each member selected under paragraph (1) shall participate for the purpose of determining agreement by majority vote on the Commission on the report and its contents described in paragraph (4). Each alternate member shall participate for the purpose of determining the majority vote in the absence of the member. Either the member or an alternate member may speak during the negotiations. In the event that the Commission is unable to form agreement on the contents of the report by majority vote, the contents of the report shall be determined by a plurality vote. (b) Study (1) In general Not later than 270 days after the date that all members of the Commission have been selected under subsection (a), the Commission shall complete a study and develop recommendations for implementation of a new risk-sharing system for institutions of higher education that participate in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (2) Content of study In conducting the study required under paragraph (1), the Commission shall, at a minimum, consider the following issues: (A) Identifying an annual measure or set of measures for the risk-sharing system that would provide the most accurate assessment of an institution’s level of success or failure at providing their students with basic educational outcomes, such as degree completion, ability to repay loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), post-graduation employment, and post-graduation earnings. Such possible measures may include cohort default rates, loan repayment rates, graduation rates, graduate earnings, and other measure that the Commission considers an accurate reflection of student outcomes, regardless of the feasibility of access to the data required to implement collection of such measures. (B) What specific metrics would require the lowest performing institutions to make annual payments into the risk-sharing system, and what metrics would exempt institutions from making an annual risk-sharing payment based on performance measures that exceeded a minimum level (which level would be identified by the Commission). (C) How the payments for each institution should be calculated, including whether the use of a percentage of Federal Direct Loans disbursed the year prior to identification, the percentage of loans in default, or any other calculation should be used. (D) Whether a sliding scale of payments should be required of institutions based on their performance on the identified measures. (E) Any legislative safeguards or mechanisms to ensure that an institution required to participate in the risk-sharing system would not pass any prospective costs directly or indirectly onto students, or limit access to low-income students. (F) How an institution’s level of access to low-income students (such as measured by the percentage of students enrolled at the institution who receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)) and affordability (as measured by average net price) should be considered in the risk-sharing system. (G) Specifying a means for the risk-sharing system payments to go primarily towards students in default, additional aid to low-income students, or any other form of aid to student borrowers most in need, including after degree completion. (H) Whether any extraordinary consideration exists that warrants allowing a waiver process through which a very limited number of institutions would be eligible to apply for a waiver from a risk-sharing payment on a yearly basis, and under what conditions. (3) Outside recommendations As part of the study required under paragraph (1), the Commission shall develop a public process for soliciting recommendations for the risk-sharing system and shall consider these recommendations as part of the study. The Commission shall factor in any financial or other interests of any submitting party in weighing and considering such recommendations. (4) Report (A) Content Not later than 90 days after completing the study required under paragraph (1), the Commission shall issue, by majority vote, or if unable to achieve a majority vote, then a plurality vote, a report regarding its recommendations for a risk-sharing system. The report shall include the following: (i) A description of the Commission’s findings as to the issues described in paragraph (2). (ii) A data analysis using the Commission’s recommended metrics that demonstrates how each institution of higher education that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) as of the period of the Commission’s study would fare under the proposed risk-sharing system, including projections for the amounts of payments the lowest performing institutions would have to pay. (iii) An evaluation of the feasibility and unintended consequences of implementing the recommended risk-sharing system, including any legislative or regulatory action needed to implement such a system. (B) Availability The report described in subparagraph (A) shall be— (i) provided to the Secretary of Education, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives; and (ii) made publicly available. (c) Securing information and privacy (1) In general Subject to paragraph (2), the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (2) Privacy Any Federal department or agency, State or local department or agency, or institution of higher education in providing information to the Commission under this section shall not share any personally identifiable information and shall act in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 1108. GAO report on educational attainment of homeless children and youth and foster care children and youth (a) Definitions In this section: (1) Foster care children and youth The term foster care children and youth (2) Homeless children and youth The term homeless children and youth (A) children and youth who— (i) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (ii) are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; (iii) are living in emergency or transitional shelters; (iv) are abandoned in hospitals; or (v) are awaiting foster care placement; (B) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; (C) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (D) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 (3) Institution of higher education The term institution of higher education (b) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report on the educational attainment of youth who are or have been homeless (including youth who are or have been homeless children and youth) and foster care children and youth. (c) Content The report described in subsection (b) shall contain a review and assessment of enrollment and completion data for both accompanied and unaccompanied homeless children and youth and foster care children and youth, including the following: (1) The percentage of such youth attending an institution of higher education. (2) The percentage of such youth graduating from an institution of higher education. (3) The average length of time taken to obtain an associate or baccalaureate degree. (4) The percentage of such youth attending— (A) a public institution of higher education; (B) a private institution of higher education; (C) a community college; and (D) a 4-year institution of higher education. (5) Reasons why such youth choose not to pursue a higher education. (6) The availability of public and private tuition assistance specifically for such youth and the awareness among such youth of such tuition assistance. (7) The availability of other public or private programs designed to encourage and support enrollment in, and completion of, higher education for such youth. (8) Ways in which the Department of Education might increase the educational attainment rates of such youth. 1109. American Dream Accounts (a) Short title This section may be cited as the American Dream Accounts Act (b) Definitions In this section: (1) American dream account The term American Dream Account (2) Appropriate committees of congress The term appropriate committees of Congress (3) Charter school The term charter school 20 U.S.C. 7221i (4) College savings account The term college savings account (A) provides some tax-preferred accumulation; (B) is widely available (such as Qualified Tuition Programs under section 529 of the Internal Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530 of the Internal Revenue Code of 1986); and (C) contains funds that may be used only for the costs associated with attending an institution of higher education, including— (i) tuition and fees; (ii) room and board; (iii) textbooks; (iv) supplies and equipment; and (v) Internet access. (5) Dual enrollment program The term dual enrollment program (A) provided by an institution of higher education through which a student who has not graduated from secondary school with a regular high school diploma is able to earn secondary school credit and postsecondary credit that is accepted as credit towards a postsecondary degree or credential at no cost to the participant or the participant’s family; and (B) that shall consist of not less than 2 postsecondary credit-bearing courses and support and academic services that help a student persist and complete such courses. (6) Early college high school The term early college high school program (7) Eligible entity The term eligible entity (A) a State educational agency; (B) a local educational agency, including a charter school that operates as its own local educational agency; (C) a charter management organization or charter school authorizer; (D) an institution of higher education; (E) a nonprofit organization; (F) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; or (G) a consortium of 2 or more of the entities described in subparagraphs (A) through (F). (8) Institution of higher education The term institution of higher education (9) Local educational agency The term local educational agency 20 U.S.C. 7801 (10) Low-income student The term low-income student 42 U.S.C. 1751 et seq. (11) Parent The term parent 20 U.S.C. 7801 (12) Secretary The term Secretary 20 U.S.C. 7801 (13) State educational agency The term State educational agency 20 U.S.C. 7801 (c) Grant program (1) Program Authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students. (2) Reservation From the amounts appropriated each fiscal year to carry out this section, the Secretary shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in subsection (f)(1). (3) Duration A grant awarded under this section shall be for a period of not more than 3 years. The Secretary may extend such grant for an additional 2-year period if the Secretary determines that the eligible entity has demonstrated significant progress, based on the factors described in subsection (d)(2)(K). (d) Applications; priority (1) In General Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall include the following: (A) A description of the characteristics of a group of not less than 30 low-income public school students who— (i) are, at the time of the application, attending a grade not higher than grade 9; and (ii) will, under the grant, receive an American Dream Account. (B) A description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to— (i) the students in the group described in subparagraph (A); (ii) the family members and teachers of such students; and (iii) other stakeholders such as school administrators and school counselors. (C) An identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts. (D) A description of what experience the eligible entity or the partners of the eligible entity have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy. (E) A demonstration that the eligible entity has sufficient resources to provide an initial deposit into the college savings account portion of each American Dream Account. (F) A description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement. (G) A description of how the eligible entity will notify each participating student in the group described in subparagraph (A), on a semiannual basis, of the current balance and status of the college savings account portion of the American Dream Account of the student. (H) A plan that describes how the eligible entity will monitor participating students in the group described in subparagraph (A) to ensure that the American Dream Account of each student will be maintained if a student in such group changes schools before graduating from secondary school. (I) A plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in subparagraph (A) graduate from secondary school. (J) A description of how the eligible entity will encourage students in the group described in subparagraph (A) who fail to graduate from secondary school to continue their education. (K) A description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, the following data about the students in the group described in subparagraph (A) during the grant period, or until the time of graduation from a secondary school, whichever comes first, and, if sufficient grant funds are available, after the grant period: (i) Attendance rates. (ii) Progress reports. (iii) Grades and course selections. (iv) The student graduation rate, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) (v) Rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 (vi) Rates of enrollment in an institution of higher education. (vii) Rates of completion at an institution of higher education. (L) A description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in subparagraph (A) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in subparagraph (I), including how the eligible entity will give students this information. (M) A description of how the eligible entity will ensure that funds in the college savings account portion of the American Dream Accounts will not make families ineligible for public assistance. (N) A description of how the eligible entity will ensure that participating students described in subparagraph (A) will have access to the Internet. (3) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— (A) are described in subsection (b)(7)(G); (B) serve the largest number of low-income students; (C) in the case of an eligible entity described in subparagraph (A) or (B) of subsection (b)(7), provide opportunities for participating students described in paragraph (2)(A) to participate in a dual enrollment program or early college high school program at no cost to the student; or (D) as of the time of application, have been awarded a grant under chapter 2 of subpart 2 of part A of title IV of the Higher Education Opportunity Act ( 20 U.S.C. 1070a–21 et seq. GEAR UP program (e) Authorized activities (1) In General An eligible entity that receives a grant under this section shall use such grant funds to establish an American Dream Account for each participating student described in subsection (d)(2)(A), that will be used to— (A) open a college savings account for such student; (B) monitor the progress of such student online, which— (i) shall include monitoring student data relating to— (I) grades and course selections; (II) progress reports; and (III) attendance and disciplinary records; and (ii) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion; (C) provide opportunities for such students, either online or in person, to learn about financial literacy, including by assisting such students in financial planning for enrollment in an institution of higher education; and (D) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests. (2) Access to American Dream Account (A) In general Subject to subparagraphs (C) and (D), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this section shall allow vested stakeholders, as described in subparagraph (B), to have secure access, through an Internet website, to each American Dream Account. (B) Vested stakeholders The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student's teachers, school counselors, school administrators, or other individuals) that are designated, in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (C) Exception for college savings account An eligible entity that receives a grant under this section shall not be required to give vested stakeholders, as described in subparagraph (B), access to the college savings account portion of a student's American Dream Account. (D) Adult students Notwithstanding subparagraphs (A), (B), and (C), if a participating student is age 18 or older, an eligible entity that receives a grant under this section shall not provide access to such participating student's American Dream Account without the student's consent, in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (E) Input of student information Student data collected pursuant to paragraph (1)(B)(i) shall be entered into an American Dream Account only by a school administrator or the designee of such administrator. (3) Prohibition on use of student information An eligible entity that receives a grant under this section shall not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or non-financial consumer product or service that is offered by such eligible entity, or on behalf of any other person. (4) Prohibition on the use of grant funds An eligible entity shall not use grant funds provided under this section to provide the initial deposit into a college savings account portion of a student's American Dream Account. (f) Reports and evaluations (1) In general Not later than 1 year after the Secretary has disbursed grants under this section, and annually thereafter until each grant disbursed under subsection (c) has ended, the Secretary shall prepare and submit a report to the appropriate committees of Congress, which shall include an evaluation of the effectiveness of the grant program established under this section. (2) Contents The report described in paragraph (1) shall— (A) list the grants that have been awarded under subsection (c)(1); (B) include the number of students who have an American Dream Account established through a grant awarded under subsection (c)(1); (C) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under subsection (c)(1), as compared to similarly situated students who do not have an American Dream Account; (D) identify best practices developed by the eligible entities receiving grants under this section; (E) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts; (F) provide feedback from participating students and the parents of such students about the grant program, including— (i) the impact of the program; (ii) aspects of the program that are successful; (iii) aspects of the program that are not successful; and (iv) any other data required by the Secretary; and (G) provide recommendations for expanding the American Dream Accounts program. (g) Eligibility To receive Federal student financial aid Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student's American Dream Account shall not affect such student's eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. 1110. Study on the impact of Federal financial aid changes on graduate students (a) In General Not later than 1 year after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall begin conducting a study of the impact of recent policy changes to title IV of the Higher Education Act of 1965 on graduate students. (b) Purpose The purpose of the study is to examine the effects of significant changes in Federal student financial aid policy on access, affordability, and labor market outcomes for graduate students. The study shall include an exploration of the impact of the following significant changes: (1) The authorization of PLUS Loans for graduate students. (2) The elimination of Federal Direct Stafford Loans for graduate students. (3) The increase in origination fees due to the sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. (4) Differentiation in interest rates between undergraduate and graduate Federal Direct Unsubsidized Stafford loans. (5) Changes to the income-based repayment plan described under section 493C ( 20 U.S.C. 1098e (c) Contents The study shall include— (1) information about the effects of the changes described in subsection (b) on graduate students, disaggregated by the student's age, race, ethnicity, gender, income, status as an individual with a disability, and type of institution of higher education that the graduate student attended for such student's graduate program (including 2-year or 4-year institution of higher education, public or private institution of higher education, and proprietary or nonprofit institution of higher education); and (2) an examination of the effects of the changes described in subsection (b) on— (A) changes in graduate enrollment patterns (such as increases or decreases in enrollment); (B) net tuition and fees for graduate students; (C) the aggregate amount of Federal student loan debt resulting from graduate education, as a whole and disaggregated by each type of Federal loan under title IV; (D) the median level of individual student loan debt that is the result of graduate education (ensuring that the amount of undergraduate student loan debt is distinguished from the amount of graduate student loan debt); (E) default rates, and the range of amounts of unpaid debt, for title IV loans for graduate students; (F) the use of each type of loan repayment plan under title IV, including income-based repayment, and the median level of graduate student debt for individuals in each repayment plan; (G) the number of individuals who have a graduate degree that enter public service jobs; (H) the level of total educational debt for graduate students, including Federal student loans and private education loans; (I) the correlation between high graduate student debt levels and household consumption (including the purchasing of homes and automobiles) and retirement savings; and (J) such other factors as the Secretary may determine; (3) an analysis of how the effects of the changes described in subsection (b) differ according to— (A) whether an individual was or is attending graduate school on a full-time or part-time basis; and (B) whether an individual has or is pursuing a master's degree, a doctorate research degree, or a doctorate professional practice degree; (4) a detailed explanation of the impact of such changes on students who were eligible for a Federal Pell Grant as an undergraduate student, women, and traditionally underrepresented populations; and (5) policy recommendations designed to improve access, affordability, and labor market outcomes for graduate students. (d) Reports (1) Interim Reports Not later than 18 months after the commencement of the study described under this section, and annually thereafter, the Secretary shall evaluate the progress of the study and report any short-term findings to the appropriate committees of Congress. (2) Final report Upon completion of the study described under this section, the Secretary shall prepare and submit a final report regarding the findings of the study to the appropriate committees of Congress. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years.

Higher Education Affordability Act

Phone Scam Prevention Act of 2014 - Amends the Communications Act of 1934 to require voice communications service providers to offer subscribers the option to designate a list of approved telephone numbers for which calls originating from those numbers are permitted to connect directly with the subscriber's telephone and other customer premises equipment. Requires providers to ensure that any call for termination that is not from a number on the subscriber's list is processed according to the subscriber's preferences, including by limiting or disabling the ability of an incoming call to connect with the subscriber's equipment. Exempts government and public interest calls from being subject to a subscriber's preferences. Requires the Federal Communications Commission (FCC) to develop authentication standards for providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition "caller identification information" to include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services).

113 S2956 IS: Phone Scam Prevention Act of 2014 U.S. Senate 2014-11-20 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. 2956 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Nelson Mr. Donnelly Ms. Collins Mr. Booker Committee on Commerce, Science, and Transportation A BILL To prevent caller ID spoofing, and for other purposes. 1. Short title This Act may be cited as the Phone Scam Prevention Act of 2014 2. Availability of whitelist services (a) In general Part I of title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. 232. Availability of whitelist services (a) Definitions In this section— (1) the term voice service (2) the term exempt entity (A) the Federal Government, a State, a political subdivision of a State, or an agency thereof; and (B) any entity with respect to which the Commission determines that allowing calls that originate from that entity to connect directly with the voice service customer premises equipment (commonly referred to as CPE (3) the term whitelist (b) Requirement To offer whitelist service A provider of a voice service shall offer each subscriber the option to designate a whitelist, if technically feasible (as determined by the Commission on a periodic basis). (c) Treatment of nonapproved telephone numbers (1) In general If a subscriber elects to designate a whitelist under subsection (b), the provider of the voice service of the subscriber shall ensure that any call the provider receives for termination that is not associated with a telephone number on the whitelist of the subscriber or the telephone number of an exempt entity is processed according to preferences set by the subscriber with respect to the whitelist, including by limiting or disabling the ability of an incoming call to connect with the CPE of the subscriber. (2) Safe harbor Whitelist processing that, in accordance with the preferences of a subscriber, limits or disables connection with the CPE of a subscriber shall not be considered to be— (A) blocking traffic; or (B) an unjust or unreasonable practice under section 201 of the Communications Act of 1934 (47 U.S.C. 201). (d) Number of telephone numbers on whitelist free of charge (1) In general A provider of a voice service shall allow a subscriber (or a designated representative thereof) to designate not less than 10 telephone numbers to be on the whitelist under subsection (b), free of charge. (2) Telephone numbers of exempt entities The telephone number of an exempt entity shall not be considered to be on the whitelist of a subscriber for purposes of calculating the 10 telephone numbers that may be designated under paragraph (1). . (b) Effective date Section 232 of the Communications Act of 1934, as added by subsection (a), shall take effect on the date that is 2 years after the date of enactment of this Act. 3. Authentication of call origination Part I of title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. 233. Authentication of call origination (a) Definition In this section, the term voice service (b) Development of authentication standards by Commission Not later than 5 years after the date of enactment of the Phone Scam Prevention Act of 2014 (1) a secure assurance of the origin of the call, including— (A) the calling party number; and (B) caller identification information for the call; or (2) notice that an assurance described in paragraph (1) is unavailable. (c) Adoption of authentication standards by entities Each provider of a voice service that is allocated telephone numbers from the portion of the North American Numbering Plan that pertains to the United States shall adopt the authentication standards developed under subsection (b). . 4. Expanding and clarifying prohibition on inaccurate caller id information (a) Communications from outside the United States Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) in connection with any telecommunications service or IP-enabled voice service or any person outside the United States if the recipient of the call is within the United States, in connection with any voice service (b) Coverage of text messages and other voice services Section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) (1) in subparagraph (A), by striking telecommunications service or IP-enabled voice service voice service (including a text message sent using a text messaging service) (2) in the first sentence of subparagraph (B), by striking telecommunications service or IP-enabled voice service voice service (including a text message sent using a text messaging service) (3) by striking subparagraph (C) and inserting the following: (C) 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. (D) Text messaging service The term text messaging service (E) Voice service The term voice service . (c) Rules of construction Nothing in this Act shall be construed to modify, limit, or otherwise affect— (1) the authority, as of the day before the date of enactment of this Act, of the Federal Communications Commission to interpret the term call (2) any rule or order adopted by the Federal Communications Commission in connection with— (A) the Telephone Consumer Protection Act of 1991 ( Public Law 102–243 (B) the CAN–SPAM Act of 2003 ( 15 U.S.C. 7701 et seq. (d) Regulations 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 under subsection (d).

Phone Scam Prevention Act of 2014

Do Not Disturb Act of 2014 - Directs the Federal Trade Commission (FTC) to expand the list of entities prohibited from making telephone calls to numbers on the FTC's "do-not-call" registry to include: (1) political committees that accept donations or contributions that do not comply with contribution limits or source prohibitions (commonly known as Super PACs), and (2) tax exempt non-profit social welfare organizations engaged in political activities. Requires the FTC to expand rules against abusive telemarking to prohibit: (1) computer-dialed telephone calls with prerecorded messages (robo-calls) to numbers on the registry, and (2) push-polling calls regarding a candidate for public office in which voters are asked certain questions about opposing candidates or are likely to construe the call as a survey for an independent organization. Provides exceptions to allow robo-calls for emergencies or with the consent of the called party.

113 S2957 IS: Do Not Disturb Act of 2014 U.S. Senate 2014-11-20 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. 2957 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Begich Committee on Commerce, Science, and Transportation A BILL To limit the disturbance to American families caused by electioneering phone calls by expanding the National Do Not Call Registry to include Super PACs and other third-party political groups, to prohibit robo-calls to Americans who have listed their telephone numbers on the Registry, and to prohibit push-polling. 1. Short title This Act may be cited as the Do Not Disturb Act of 2014 2. Prohibition of unsolicited calls from Super PACs to individuals listed on the National Do Not Call Registry Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall issue a final rule, pursuant to its rulemaking authority under section 3 of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6102 section 310.4(b)(1)(iii) (1) political committees (as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) that accept donations or contributions that do not comply with the contribution limits or source prohibitions under such Act (commonly known as Super PACs); and (2) social welfare organizations described in section 501(c)(4) 3. Prohibition of computer-dialed recorded messages to individuals listed on the National Do Not Call Registry Section 3(a)(3) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)) is amended— (1) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (2) in subparagraph (B), by striking the comma at the end and inserting a semicolon; (3) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively; and (4) by inserting after subparagraph (B) the following: (C) a prohibition on computer-dialed telephone calls with prerecorded messages (other than calls made for emergency purposes or made with the prior express consent of the called party) to telephone numbers that are listed on the National Do Not Call Registry; . 4. Push-polling (a) In general Section 3(a)(3) of the Telemarketing and Consumer Fraud and Abuse Prevention Act, as amended by section 3, is further amended by inserting after subparagraph (C), as added by section 3(4), the following: (D) a prohibition on push-polling; . (b) Push-Polling defined Section 3 of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6102 (f) Defined term As used in subsection (a)(3), the term push-polling (1) to a voter on behalf of, in support of, or in opposition to, any candidate for public office; (2) in which the caller asks questions related to opposing candidates for public office that state, imply, or convey information about the candidates character, status, or political stance or record; or (3) that is conducted in a manner that is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations acting independent of any particular political party, candidate, or interest group. . 5. Rulemaking Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall prescribe regulations to implement the amendments made by this Act.

Do Not Disturb Act of 2014

Guard and Military Reservist Pay Security Act - Amends the Internal Revenue Code, with respect to the tax credit for differential wage payments to active duty members of the Uniformed Services, to: (1) make such credit permanent; (2) increase the rate of such credit to 100%; (3) require an annual adjustment for inflation to credit amounts after 2015; and (4) make such credit available to all employers, not just small business employers.

113 S2958 IS: Guard and Military Reservist Pay Security Act U.S. Senate 2014-11-20 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. 2958 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Toomey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the employer wage credit for employees who are active duty members of the Uniformed Services. 1. Short title This Act may be cited as the Guard and Military Reservist Pay Security Act 2. Expansion of employer wage credit for employees who are active duty members of the Uniformed Services (a) Permanent extension Section 45P (b) Expansion of credit (1) Expansion to 100 percent of eligible differential wage payments Subsection (a) of section 45P 20 percent of (2) Adjustment for inflation Subsection (b) of section 45P of such Code is amended by adding at the end the following new paragraph: (4) Adjustment for inflation In the case of any taxable year beginning after 2015, the $20,000 amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2014 calendar year 1992 If the amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (3) Applicability to all employers (A) In general Subsection (a) of section 45P of such Code, as amended by paragraph (1), is amended by striking eligible small business employer eligible employer (B) Conforming amendments Paragraph (3) of section 45P(b) of such Code is amended— (i) in subparagraph (A)— (I) by striking eligible small business employer eligible employer (II) by striking any employer which any employer which, under a written plan of the employer, provides eligible differential wage payments to every qualified employee of the employer. (ii) by striking Eligible small business employer Eligible employer (c) Effective date The amendments made by this section shall apply to payments made after December 31, 2014.

Guard and Military Reservist Pay Security Act

Black Lung Benefits Improvement Act of 2014 - Amends the Black Lung Benefits Act to revise requirements with regard to miners' claims for pneumoconiosis (black lung) benefits. Requires a mine operator to deliver within 21 days a complete copy of the examining physician's report to any miner required to submit to a medical examination regarding his or her respiratory or pulmonary condition. Directs the Secretary of Labor to establish an attorneys' fee payment program to pay attorneys' fees of up to $4,500 to the attorneys of prevailing parties on a qualifying black lung benefit claim. Establishes an irrebuttable presumption that a miner is totally disabled due to black lung disease, that the miner's death was due to black lung, or that at the time of death the miner was totally disabled by black lung disease if a chest radiograph, biopsy, autopsy, or other medically accepted test or procedure has diagnosed such miner with complicated black lung or progressive massive fibrosis. Allows a party to rebut this presumption only in cases where: the miner was employed for 15 years or more in one or more coal mines (including surface mines), there is a negative chest radiograph, other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, but no part of the miner's respiratory or pulmonary impairment was caused by black lung disease. Revises requirements for the payment of benefits to miners (including their dependents) totally disabled by black lung disease. Authorizes black lung clinics to use a portion of their federal funding to assist miners, surviving spouses, dependents, and other family members in the filing of black lung benefit claims. Prohibits any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, subject to certain civil and criminal penalties, from: knowingly and willfully making a false statement or misrepresentation in obtaining or denying benefits, or threatening or knowingly misleading anyone participating in a proceeding regarding such benefits. Requires the Secretary, upon request, to give a claimant the opportunity to substantiate a claim for benefits through a complete pulmonary evaluation of the miner that includes an initial qualified physician's report and, if certain conditions are met, any supplemental medical evidence developed after the report. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish in NIOSH a pilot program to establish B Reader Panels to assure accurate International Labor Organization classifications for chest radiographs in black lung disease cases where there is a factual dispute regarding a diagnosis of complicated black lung or progressive massive fibrosis. Directs the Secretary, in coordination with NIOSH, to establish a program to educate district directors, claims examiners, administrative law judges and supporting attorney advisors, and Benefits Review Board members about medical evidence relevant to black lung benefit claims. Revises black lung eligibility requirements to replace the terms "wife" and "widow" with "spouse" and "surviving spouse." Allows a covered miner or survivor to file a claim for black lung benefits within one year after enactment of this Act if the claim was been denied before enactment of this Act. Requires adjudication of the claim on its merits and excludes consideration of any negative chest radiograph for simple black lung disease, complicated black lung disease, or progressive massive fibrosis. Directs the Secretary to report to Congress a strategy to reduce the backlog of black lung cases pending before the Office of Administrative Law Judges of the Department of Labor. Directs the Government Accountability Office to report to Congress on any barriers to health care faced by coal miners with black lung disease. Amends the Federal Mine Safety and Health Act of 1977 to direct the Secretary to conduct a retrospective study evaluating data collected using continuous dust monitors to determine whether to lower the applicable standard for respirable dust concentration for miners, among other possible actions. Establishes in the Department of Labor an Office of Workers' Compensation Programs (OWCP) (codifying the existing establishment of OWCP in the Department of Labor.)

113 S2959 IS: Black Lung Benefits Improvement Act of 2014 U.S. Senate 2014-11-20 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. 2959 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Casey Mr. Rockefeller Mr. Harkin Mr. Brown Mr. Manchin Mr. Kaine Mr. Warner Committee on Health, Education, Labor, and Pensions A BILL To ensure that claims for benefits under the Black Lung Benefits Act are processed in a fair and timely manner, to protect miners from pneumoconiosis (commonly known as black lung disease 1. Short title This Act may be cited as the Black Lung Benefits Improvement Act of 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. TITLE I—Black lung benefits Part A—Improving the process for filing and adjudicating claims for benefits Sec. 101. Mandatory disclosure of medical information and reports. Sec. 102. Legal fees. Sec. 103. Clarifying eligibility for black lung benefits claims. Sec. 104. Restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members. Sec. 105. Treatment of evidence in equipoise. Sec. 106. Providing assistance with claims for miners and their dependent family members. Sec. 107. False statements or misrepresentations, attorney disqualification, and discovery sanctions. Sec. 108. Development of medical evidence by the Secretary. Sec. 109. Establishment of pilot program to provide impartial classifications of chest radiographs. Sec. 110. Medical evidence training program. Sec. 111. Technical and conforming amendments. Sec. 112. Readjudicating cases involving certain chest radiographs. Part B—Reports To improve the administration of benefits under the Black Lung Benefits Act Sec. 113. Strategy to reduce delays in adjudication. Sec. 114. GAO report on black lung disease. TITLE II—Standard for respirable dust concentration Sec. 201. Standard for respirable dust concentration. TITLE III—Establishing the Office of Workers' Compensation Programs Sec. 301. Office of Workers' Compensation Programs. TITLE IV—Severability Sec. 401. Severability. 3. Findings Congress finds the following: (1) The Black Lung Benefits Act ( 30 U.S.C. 901 et seq. black lung disease (2) The Government Accountability Office has found that many claimants under the Black Lung Benefits Act are not equipped with the medical and legal resources necessary to develop evidence to meet the requirements for benefits. Miners often lack complete and reliable medical evidence, consequently increasing the risk that the individuals who review claims for benefits will be presented with insufficient medical evidence. Similarly, without better options for legal representation, significant numbers of such claimants proceed with their claims through a complex and potentially long administrative process without resources that Department of Labor officials and black lung disease experts note are important for developing evidence and supporting their claims. Only a quarter of claimants are represented by an attorney when filing a claim. Absent efforts to remedy administrative problems and address structural weaknesses in the process for obtaining benefits, claimants with meritorious claims would not receive benefits. (3) Full exchange and disclosure between the parties of relevant medical information is essential for fair adjudication of claims under the Black Lung Benefits Act, regardless of whether the parties intend to submit such information into evidence. Records of adjudications reveal that some mine operators’ legal representatives have withheld relevant evidence from claimants, administrative law judges, and, in some cases, even their own medical experts. In several cases, the disclosure of such evidence would have substantiated a miner’s claim for benefits. Withholding medical information can endanger miners by depriving them of important information about their own health and the potential need to seek medical treatment. (4) Given the remedial nature of the Black Lung Benefits Act, when an adjudicator determines that evidence is evenly balanced, it is appropriate for any resulting doubt to be resolved in favor of the claimant. The Supreme Court vacated this longstanding legal principle, not on substantive grounds, but because its application conflicted with the requirements of another statute. Such principle needs to be reinstated in the Black Lung Benefits Act because it provides fairness and improves the administration of benefits. (5) Physicians who read lung x-rays as part of pulmonary assessments used in proceedings for claims under the Black Lung Benefits Act are required to demonstrate competency in classifying chest radiographs by becoming certified as B Readers by the National Institute for Occupational Safety and Health (referred to in this section as NIOSH (6) As of the date of enactment of this Act, more than one year has passed since survivors were denied benefits on claims under the Black Lung Benefits Act that involved the consideration of chest radiograph interpretations by a certain physician whose interpretations have since been determined by the Department of Labor to be generally not worthy of credit. Such survivors should be permitted to file a new claim for benefits under such Act. However, a survivor is effectively barred from filing a new claim one year after a decision regarding such benefits is final, constituting an injustice that merits a remedy. (7) Between the calendar years 2004 and 2014, a reduction in the number of administrative law judges in the Department of Labor, coupled with a large increase in the number of cases filed under the Black Lung Benefits Act, cuts to nondefense discretionary spending, furloughs resulting from sequestration, and the 16-day shutdown of the Federal Government during the calendar year 2013, has created extensive delays in adjudicating claims under such Act and numerous other labor and employment laws. Due to the imbalance between resources and caseloads, it takes 429 days to assign a case to an administrative law judge and a typical claim under such Act remains unresolved for an average of 42 months prior to a decision by an administrative law judge. These delays directly and severely impact the lives of workers throughout the United States, placing an undue financial and emotional burden on the affected individuals and their families. (8) Contrary to the intent of Congress, benefits payments under the Black Lung Benefits Act do not automatically increase with the rising cost of living. Benefit payments are tied to the monthly pay rate for Federal employees in grade GS–2, step 1. In several of the fiscal years prior to the enactment of this Act, there was a pay freeze for Federal employees, which eliminated cost-of-living adjustments under such Act for such years. (9) A competent assessment of medical information and testimony, which often involves multiple physicians disputing a diagnosis, is necessary in determining whether to award benefits under the Black Lung Benefits Act. To ensure that a determination regarding a claim for benefits under such Act is fair and accurate, regular training is needed regarding— (A) developments in pulmonary medicine relating to black lung disease; (B) medical evidence necessary to sustain claims for such benefits; and (C) the proper weight to be given to conflicting evidence. (10) Black lung disease has been the underlying or contributing cause of death of more than 76,000 miners since 1968. After decades of decline, the incidence of coal miners with black lung disease is on the rise. According to NIOSH, miners are developing advanced cases of the disease at younger ages. In response, the Department of Labor has taken important steps to combat the disease, including promulgating a rule that reduces the allowed concentration of coal dust and eliminates weaknesses in the current dust sampling system. Retrospective studies should be continued to determine whether revisions to the standards are necessary to eliminate the disease. I Black lung benefits A Improving the process for filing and adjudicating claims for benefits 101. Mandatory disclosure of medical information and reports Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. 403. Mandatory medical information disclosure (a) Report In any claim for benefits under this title, an operator that requires a miner to submit to a medical examination regarding the miner’s respiratory or pulmonary condition shall, not later than 21 days after the miner has been examined, deliver to the claimant a complete copy of the examining physician’s report. The examining physician’s report shall— (1) be in writing; and (2) set out in detail the findings of such physician, including any diagnoses and conclusions, the results of any diagnostic imaging tests, and any other tests performed on the miner. (b) Disclosure (1) In general In any claim for benefits under this title, each party shall provide all other parties in the proceeding with a copy of all medical information developed regarding the miner’s physical condition relating to such claim, even if the party does not intend to submit the information as evidence. (2) Medical information The medical information described in paragraph (1) shall include— (A) the opinion of any examining physician; and (B) any examining or nonexamining physician's interpretation of radiographs or pathology samples, and reports of such radiographs or samples. (c) Regulations The Secretary shall promulgate regulations regarding the disclosure of medical information under this section, and such regulations may establish sanctions for noncompliance with this section. . 102. Legal fees Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. 404. Attorneys' fee payment program (a) Program established (1) In general Not later than 180 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized (1) In general If a claimant for benefits under this title obtains an effective award for a qualifying claim before an administrative law judge, the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)), or a Federal court, and the judge, Board, or court approves attorneys’ fees for work done before it, the Secretary shall, through the program under this section, pay an amount of attorneys' fees not to exceed $1,500 at each stage of the administrative and legal process. (2) Maximum The program established under this section shall not pay more than a total of $4,500 in attorneys' fees for any single qualifying claim. (c) Reimbursement of funds In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(d)). (d) Additional program rules Nothing in this section shall limit or otherwise affect an operator's liability for any attorneys' fees awarded by an administrative law judge, the Benefits Review Board, or a Federal court, that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys' fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys' fees Any payment for attorneys' fees made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney. . 103. Clarifying eligibility for black lung benefits claims Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) (3) (A) If x-ray, biopsy, autopsy, or other medically accepted and relevant test or procedure establishes that a miner is suffering or has suffered from a chronic dust disease of the lung, diagnosed as complicated pneumoconiosis or progressive massive fibrosis, then there shall be an irrebuttable presumption that such miner is totally disabled due to pneumoconiosis, that such miner’s death was due to pneumoconiosis, or that, at the time of death, such miner was totally disabled by pneumoconiosis, as the case may be. A chest radiograph that yields one or more large opacities (greater than one centimeter in diameter) and would be classified in category A, B, or C in the International Classification of Radiographs of Pneumoconioses by the International Labor Organization shall be sufficient to invoke such presumption, unless there is more probative evidence establishing that the etiology of a large opacity is not pneumoconiosis. (B) In this paragraph, the term complicated pneumoconiosis or progressive massive fibrosis (4) If a miner was employed for 15 years or more in one or more coal mines, and if there is a chest radiograph submitted in connection with the claim under this title of such miner or such miner’s surviving spouse, child, parent, brother, sister, or dependent and it is interpreted as negative with respect to the requirements of paragraph (3), and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that the miner’s death was due to pneumoconiosis, or that, at the time of death, the miner was totally disabled by pneumoconiosis. In the case of a living miner, a spouse’s affidavit may not be used by itself to establish the presumption under this paragraph. The presumption under this paragraph may be rebutted only by establishing that such miner does not, or did not, have pneumoconiosis, or that no part of such miner’s respiratory or pulmonary impairment was caused by pneumoconiosis. . 104. Restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members Section 412(a) of the Black Lung Benefits Act ( 30 U.S.C. 922(a) (1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability— (A) for any calendar year preceding January 1, 2015, at a rate equal to 37 1/2 (B) for the calendar year beginning on January 1, 2015, at a rate of $7,980 per year, payable in 12 equal monthly payments; and (C) for each calendar year thereafter, at a rate equal to the amount under subparagraph (B) increased by an amount equal to any increase in the annual rate of the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published by the Bureau of Labor Statistics. . 105. Treatment of evidence in equipoise Section 422 of the Black Lung Benefits Act ( 30 U.S.C. 932 (m) In determining the validity of a claim under this title, an adjudicator who finds that the evidence is evenly balanced on an issue shall resolve any resulting doubt in the claimant’s favor and find that the claimant has met the burden of persuasion on such issue. . 106. Providing assistance with claims for miners and their dependent family members Section 427(a) of the Black Lung Benefits Act ( 30 U.S.C. 937(a) the analysis, examination, and treatment coal miners. the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners and for assistance on behalf of miners, surviving spouses, dependents, and other family members with claims arising under this title. 107. False statements or misrepresentations, attorney disqualification, and discovery sanctions Section 431 of the Black Lung Benefits Act ( 30 U.S.C. 941 431. False statements or misrepresentations, attorney disqualification, and discovery sanctions (a) In general No person, including any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, shall— (1) knowingly and willfully make a false statement or misrepresentation for the purpose of obtaining, increasing, reducing, denying, or terminating benefits under this title; or (2) threaten, coerce, intimidate, deceive, or knowingly mislead a party, representative, witness, potential witness, judge, or anyone participating in a proceeding regarding any matter related to a proceeding under this title. (b) Fine; imprisonment Any person who engages in the conduct described in subsection (a) shall, upon conviction, be subject to a fine in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both. (c) Prompt investigation The United States Attorney for the district in which the conduct described in subsection (a) is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint of a violation of such subsection. (d) Disqualification (1) In general An attorney or expert witness who engages in the conduct described in subsection (a) shall, in addition to the fine or imprisonment provided under subsection (b), be permanently disqualified from representing any party, or appearing in any proceeding, under this title. (2) Attorney disqualification In addition to the disqualification described in paragraph (1), the Secretary may disqualify an attorney from representing any party in a proceeding under this title for either a limited term or permanently, if the attorney— (A) engages in any action or behavior that is prejudicial to the fair and orderly conduct of such proceeding; or (B) is suspended or disbarred by any court of the United States, any State, or any territory, commonwealth, or possession of the United States with jurisdiction over the proceeding. (e) Discovery sanctions An administrative law judge may sanction a party who fails to comply with an order to compel discovery or disclosure, or to supplement earlier responses, in a proceeding under this title. These sanctions may include, as appropriate— (1) drawing an adverse inference against the noncomplying party on the facts relevant to the discovery or disclosure order; (2) limiting the noncomplying party’s claims, defenses, or right to introduce evidence; and (3) rendering a default decision against the noncomplying party. (f) Regulations The Secretary shall promulgate regulations that— (1) provide procedures for the disqualifications and sanctions under this section and are appropriate for all parties; and (2) distinguish between parties that are represented by an attorney and parties that are not represented by an attorney. . 108. Development of medical evidence by the Secretary Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. 435. Development of medical evidence by the Secretary (a) Complete pulmonary evaluation Upon request by a claimant for benefits under this title, the Secretary shall provide the claimant an opportunity to substantiate the claim through a complete pulmonary evaluation of the miner that shall include— (1) an initial report, conducted by a qualified physician on the list provided under subsection (d), and in accordance with subsection (d)(5) and sections 402(f)(1)(D) and 413(b); and (2) if the conditions under subsection (b) are met, any supplemental medical evidence described in subsection (c). (b) Conditions for supplemental medical evidence The Secretary shall develop supplemental medical evidence, in accordance with subsection (c)— (1) for any claim in which the Secretary recommends an award of benefits based on the results of the initial report under subsection (a)(1) and a party opposing such award submits evidence that could be considered contrary to the findings of the Secretary; and (2) for any compensation case under this title heard by an administrative law judge, in which— (A) the Secretary has awarded benefits to the claimant; (B) the party opposing such award has submitted evidence not previously reviewed that could be considered contrary to the award under subparagraph (A); and (C) the claimant or, if the claimant is represented by an attorney, the claimant’s attorney consents to the Secretary developing supplemental medical evidence. (c) Process for supplemental medical evidence (1) In general Except as provided under paragraph (2), to develop supplemental medical evidence under conditions described in subsection (b), the Secretary shall request the physician who conducted the initial report under subsection (a)(1) to— (A) review any medical evidence submitted after such report or the most recent supplemental report, as appropriate; and (B) update his or her opinion in a supplemental report. (2) Alternative physician If such physician is no longer available or is unwilling to provide supplemental medical evidence under paragraph (1), the Secretary shall select another qualified physician to provide such evidence. (d) Qualified physicians for complete pulmonary evaluation and protections for suitability and potential conflicts of interest (1) Qualified physicians list The Secretary shall create and maintain a list of qualified physicians to be selected by a claimant to perform the complete pulmonary evaluation described in subsection (a). (2) Public availability The Secretary shall make the list under this subsection available to the public. (3) Annual evaluation Each year, the Secretary shall update such list by reviewing the suitability of the listed qualified physicians and assessing any potential conflicts of interest. (4) Criteria for suitability In determining whether a physician is suitable to be on the list under this subsection, the Secretary shall consult the National Practitioner Data Bank of the Department of Health and Human Services and assess reports of adverse licensure, certifications, hospital privilege, and professional society actions involving the physician. In no case shall such list include any physician— (A) who is not licensed to practice medicine in any State or any territory, commonwealth, or possession of the United States; (B) whose license is revoked by a medical licensing board of any State, territory, commonwealth, or possession of the United States; or (C) whose license is suspended by a medical licensing board of any State, territory, commonwealth, or possession of the United States. (5) Conflicts of interest The Secretary shall develop and implement policies and procedures to ensure that any actual or potential conflict of interest of qualified physicians on the list under this subsection, including both individual and organizational conflicts of interest, are disclosed to the Department, and to provide such disclosure to claimants. Such policies and procedures shall provide that, unless the claimant knowingly and with the benefit of full disclosure waives the following limitations, a physician shall not be used to perform a complete pulmonary medical evaluation under subsection (a) that is reimbursed pursuant to subsection (f), if— (A) such physician is employed by, under contract to, or otherwise providing services to a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party; or (B) such physician has been retained by a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party in the previous 24 months. (e) Record Upon receipt of any initial report or supplemental report under this section, the Secretary shall enter the report in the record and provide a copy of such report to all parties to the proceeding. (f) Expenses All expenses related to obtaining the medical evidence under this section shall be paid for by the fund. If a claimant receives a final award of benefits, the operator liable for payment of benefits, if any, shall reimburse the fund for such expenses, which shall include interest. . 109. Establishment of pilot program to provide impartial classifications of chest radiographs Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. 436. Establishment of pilot program to provide impartial classifications of chest radiographs (a) Definitions In this section: (1) B Reader The term B Reader (A) has a valid license to practice medicine in not less than one State, territory, commonwealth, or possession of the United States; and (B) has demonstrated a proficiency, through an examination administered by the National Institute for Occupational Safety and Health, in classifying chest radiographs for findings consistent with pneumoconiosis using the International Classification of Radiographs of Pneumoconioses by the International Labor Organization (referred to in this section as the ILO (2) B Reader Panel The term B Reader Panel (3) B Reader Panel Pool The term B Reader Panel Pool (4) Complicated pneumoconiosis or progressive massive fibrosis The term complicated pneumoconiosis or progressive massive fibrosis (5) Director The term Director (6) ILO classification The term ILO classification (7) ILO Standard Radiographs The term ILO Standard Radiographs (b) B Reader Panel Program (1) Establishment of pilot program (A) In general The Director shall establish, in the National Institute for Occupational Safety and Health, a pilot program to be known as the B Reader Panel Program (i) are operated in a manner to assure accurate ILO classifications, which may be used for claims for benefits described in subparagraph (C); (ii) only classify chest radiographs; and (iii) classify all appearances— (I) described in the International Classification of Radiographs of Pneumoconiosis by the ILO; or (II) illustrated by the ILO Standard Radiographs. (B) Duration The B Reader Panel Program established under this section shall be conducted for a duration of one year, beginning after the issuance of necessary protocols and interim final rules under subsection (h). (C) Applicability A chest radiograph classification may only be requested under this section for a claim for benefits under this title where the presence or absence of complicated pneumoconiosis or progressive massive fibrosis is in fact at issue. (2) Program personnel matters (A) In general The Director may hire such personnel as are necessary to establish, manage, and evaluate the B Reader Panel Program, including a B Reader Program Director described in subparagraph (B). (B) B Reader Program Director The B Reader Program Director shall be a physician who is a B Reader and has documented expertise in ILO classifications. (C) Staff (i) In general In procuring the services of B Readers for this section, the Director may hire Federal personnel, contract for services, or both. (ii) Compensation The Director shall establish compensation rates for B Readers who are hired under contract. (3) Ethics policy (A) Code of ethics (i) In general In order to maximize the quality, objectivity, and confidence in ILO classifications under this section, the Director shall establish a binding code of ethics to which all B Readers in the B Reader Panel Pool shall agree to in writing and adhere. (ii) Contents The code of ethics shall include— (I) definitions and stipulations of procedures dealing with actual and apparent conflicts of interest and the appearance of bias or lack of sufficient impartiality; (II) a requirement that each such B Reader submits a conflict of interest disclosure statement to the Director and annually updates such statement; and (III) requirements for the content of the conflict of interest disclosure statements required under subclause (II). (B) B Reader ethics officer The Director shall designate an employee of the National Institute for Occupational Safety and Health as the B Reader Ethics Officer whose responsibilities shall include— (i) reviewing all conflict of interest disclosures of B Readers on the B Reader Panel Pool; (ii) investigating the validity of such disclosures; (iii) maintaining a list of such B Readers who fail to disclose a conflict of interest; (iv) addressing complaints about incomplete or inaccurate conflict of interest disclosures; (v) assessing whether any such B Reader has been improperly assigned to a panel due to a conflict of interest; and (vi) assuring full transparency of conflict of interest disclosures to the public. (4) Quality assurance program (A) Protocols (i) Establishment The Director shall establish a quality assurance program consisting of protocols to ensure that the results produced by B Reader Panels meet or exceed standards of performance required for accuracy and consistency. (ii) Protocols The protocols under this subparagraph shall include protocols— (I) for each B Reader to prepare an individual ILO classification report for each chest radiograph; and (II) for the preparation of a final ILO classification report for the chest radiograph. (iii) Additional reviewers If individual ILO classifications reported by each B Reader of a B Reader Panel diverge from each other by more than an acceptable variance, as determined by protocols established under subsection (h), the Director shall assign additional B Readers to the applicable B Reader Panel or convene an additional B Reader Panel, as the Director determines necessary, to assure that the ILO classification report of the initial B Reader Panel is accurate and scientifically valid. (iv) Use of known positive and negative x-rays as a quality control tool The quality assurance program under this paragraph shall use pre-read radiographs, for which ILO classifications have been previously established as external standards, with sufficient frequency in order to assure that B Readers on B Reader Panels read radiographs that are borderline positive or negative for complicated pneumoconiosis or progressive massive fibrosis with accuracy and consistency. (v) Blind readings In reading a radiograph to make an ILO classification, a B Reader shall be blinded from the origin of the radiograph. (B) Continuous improvement The Director shall establish a process for providing feedback to B Readers in the B Reader Pool with respect to their performance in providing ILO classifications and provide suggestions for improvement. (c) Creation and maintenance of B Reader Panel Pool (1) Establishment The Director shall establish a B Reader Panel Pool to be used for the B Reader Panel Program under this section. The Director shall solicit and select physicians who are B Readers for inclusion in the B Reader Panel Pool. (2) Selection and retention for B Readers on B Reader Panel Pool (A) In general The Director shall establish and disclose criteria by which B Readers are selected and retained within the B Reader Panel Pool, including minimum standards of performance described in subparagraph (B). (B) Minimum standards of performance The minimum standards of performance for inclusion in the B Reader Panel Pool shall include requiring the B Reader to make radiograph classifications consistent with ILO classification criteria that are consistently within acceptable norms, as established by the Director. (C) Considerations for selection In selecting a B Reader to be included in the B Reader Panel Pool, the Director shall— (i) assess, to the maximum extent practicable, the prior performance of the B Reader in making ILO classifications; (ii) consult the National Practitioner Data Bank of the Department of Health and Human Services for information on physician suitability; and (iii) assess reports of adverse licensure, certifications, hospital privilege, and professional society actions involving the B Reader. (D) Monitoring The Director shall monitor ILO classifications conducted under this section to determine if any B Reader included in the B Reader Panel Pool demonstrates a pattern of providing ILO classifications that are erroneous or not consistently within the acceptable norms, as established by the Director. (3) Process for removal (A) In general The Director shall be authorized to suspend or remove any B Reader from the B Reader Panel Pool for— (i) consistently failing to meet the minimum standards of performance under paragraph (2)(B); (ii) breaching the code of ethics under subsection (b)(3)(A); or (iii) other disqualifying conduct, as established by rule or policy. (B) Review The Director shall provide a process for a B Reader who is aggrieved by a decision of the Director under subparagraph (A) to seek review by the Secretary of Health and Human Services. The review by such Secretary shall not stay the suspension of the B Reader during the pendency of the review. (4) Disclosure The Director shall make publicly accessible— (A) the names and qualifications of the B Readers included in the B Reader Panel Pool; (B) the names of B Readers who have been suspended or removed from the B Reader Panel Pool and the reasons for such suspension or removal; (C) the conflict of interest disclosure statements required under subsection (b)(3)(A)(ii)(II); and (D) any pertinent information which the Director determines necessary to assure transparency and program integrity. (d) Eligibility To request ILO classifications Each of the following individuals may request an ILO classification under this section: (1) Claimants or operators, or their authorized representatives, in a claim for benefits that meets the requirements of subsection (b)(1)(C). (2) Individuals defined as adjudication officers by regulations of the Secretary. (e) Timing of reports Following the receipt of a written request for the classification of a chest radiograph, the Director shall provide a report conducted by a B Reader Panel— (1) for digital chest radiographic images, within 45 days; and (2) for film-based chest radiographs, within 90 days. (f) Testimony (1) Availability of director or designee The Director, or a designee of the Director, shall be available to respond to interrogatories or appear and testify about a B Reader Panel's conclusions or the process by which B Reader Panels classify radiographs in a case under subsection (b)(1)(C), upon the request of a party to such case. (2) Interrogatories and subpoenas for B Readers To the extent that additional information is reasonably necessary for the full development of evidence pertaining to a B Reader Panel Report in a case under subsection (b)(1)(C), a B Reader of a B Reader Panel— (A) may be required to respond to interrogatories with respect to the ILO classification provided by the B Reader in the case, only if so ordered by an administrative law judge; and (B) may not be required to appear and testify under subpoena, unless the party making such request demonstrates to an administrative law judge that— (i) (I) the B Reader Panel Report is incomplete or lacks information that is reasonably necessary for such full development; and (II) if responses to interrogatories were ordered, the responses are unclear or incomplete; or (ii) there is an extraordinary circumstance in which additional information that is reasonably necessary for such full development is otherwise unavailable from the Director and can only be provided by such B Reader. (g) Administrative costs (1) Establishment Funds necessary to establish and operate the B Reader Panel Program under this section shall be paid as an administrative cost from the fund. The Director shall consult with the Secretary on allocations of funds in establishing such program. (2) Costs of reports for B Reader Panels (A) Fees (i) In general The Director shall establish a fee for a B Reader Panel Report in accordance with clause (ii). Such fee shall be payable by the party requesting such report. No fee shall be charged if the request for such ILO classification is made by an individual defined as an adjudication officer by regulations of the Secretary. (ii) Limitation The amount of a fee under clause (i) shall not exceed the direct cost of hiring the B Readers of the B Reader Panel that made the ILO classification. (B) Legal costs (i) In general The National Institute for Occupational Safety and Health shall use amounts in the fund to pay for all costs related to the appearance and responses to interrogatories of the Director or a designee of the Director, or a B Reader of a B Reader Panel, in a proceeding under this section. (ii) Representation of the National Institute for Occupational Safety and Health The General Counsel of the Department of Health and Human Services shall, in consultation with the Solicitor of Labor, represent the National Institute for Occupational Safety and Health in any proceeding under this section, which costs shall be payable from the fund. (h) Protocols and interim final rules Not later than 180 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 (i) Report to Congress (1) In general Not later than 30 days after the completion of the pilot program under this section, the Director shall, in consultation with the Secretary of Labor, prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives that includes the information in paragraph (2). (2) Contents The report under this subsection shall include— (A) the number of B Reader Panels established under this section; (B) the number of B Readers participating in the pilot program under this section; (C) the effectiveness of the quality assurance program under subsection (b)(4); (D) the accuracy of the ILO classifications conducted by B Readers under this section; (E) challenges in the administration and implementation of such pilot program; (F) the costs and revenues of such pilot program; (G) the impact of the pilot program on the claims adjudication process; (H) a recommendation on whether the pilot program under this section should extend beyond the one-year duration under subsection (b)(1)(B); and (I) recommendations for any necessary modifications to such pilot program, if the Director recommends such an extension. . 110. Medical evidence training program Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. 437. Medical evidence training program (a) In general Not later than 60 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 (1) District directors. (2) Claims examiners working under such directors. (3) Administrative law judges and attorney advisors supporting such judges. (4) Members of the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)). (b) Training program topics The training program under this section shall provide an overview of topics that include— (1) new developments in pulmonary medicine relating to pneumoconiosis; (2) medical evidence, and other relevant evidence, sufficient to support a claim for benefits under this title; and (3) weighing conflicting medical evidence and testimony concerning eligibility for such benefits. (c) Timing of training (1) Individuals hired or appointed prior to the Black Lung Benefits Improvement Act of 2014 Any district director, claims examiner, administrative law judge, attorney advisor supporting such judge, or member of the Benefits Review Board described in subsection (a)(4), who was hired or appointed prior to the date of enactment of the Black Lung Benefits Improvement Act of 2014 (2) Individuals hired or appointed after the Black Lung Benefits Improvement Act of 2014 Any district director, claims examiner, administrative law judge, attorney advisor supporting such judge, or member of the Benefits Review Board described in subsection (a)(4), who is not described in paragraph (1) shall complete the training program under this section prior to engaging in any work under this title and not less than annually thereafter. . 111. Technical and conforming amendments (a) Black Lung Benefits Act The Black Lung Benefits Act (30 U.S.C. 901 et seq.) is amended— (1) in section 401(a) ( 30 U.S.C. 901(a) or who were found to be totally disabled by such disease such disease (2) in section 402 ( 30 U.S.C. 902 (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) a spouse who is a member of the same household as the miner, or is receiving regular contributions from the miner for support, or whose spouse is a miner who has been ordered by a court to contribute to support, or who meets the requirements of paragraph (1) or (2) of section 216(b) of the Social Security Act or paragraph (1) or (2) of section 216(f) of such Act. An individual is the spouse spouse divorced wife divorced husband ; (B) by striking subsection (e) and inserting the following: (e) The term surviving spouse surviving spouse surviving divorced wife surviving divorced husband ; (C) in subsection (g)— (i) in paragraph (2)(B)(ii), by striking he ceased the individual ceased (ii) in the matter following paragraph (2)(C), by striking widow surviving spouse (D) in subsection (h), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (E) in subsection (i), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (3) in section 411 ( 30 U.S.C. 921 (A) by striking subsection (a) and inserting the following: (a) The Secretary shall, in accordance with the provisions of this title, and the regulations promulgated by the Secretary under this title, make payments of benefits in respect of— (1) total disability of any miner due to pneumoconiosis; (2) the death of any miner whose death was due to pneumoconiosis; (3) total disability of any miner at the time of the miner's death with respect to a claim filed under part C prior to January 1, 1982; (4) survivors’ benefits for any claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of the miner's death as a result of the miner’s claim filed under part C; and (5) survivors’ benefits where the miner is found entitled to receive benefits at the time of the miner's death resulting from the miner’s claim filed under part C before January 1, 1982. ; and (B) in subsection (c)— (i) in paragraph (1), by striking his pneumoconiosis the miner's pneumoconiosis (ii) in paragraph (2), by striking his death the miner's death (4) in section 412 ( 30 U.S.C. 922 (A) in subsection (a)— (i) by striking paragraph (2) and inserting the following: (2) In the case of a surviving spouse— (A) of a miner whose death is due to pneumoconiosis; (B) in a claim filed after January 1, 2005, and that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C; (C) of a miner who is found entitled to receive benefits at the time of the miner's death as a result of the miner’s claim filed under part C before January 1, 1982; or (D) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner's death, benefits shall be paid to the miner's surviving spouse at the rate the deceased miner would receive such benefits if the miner were totally disabled. ; (ii) in paragraph (3)— (I) by striking (3) In the case section 411(c) (3)(A) In the case of the child or children of a miner described in subparagraph (B) (II) by striking he the child (III) by striking widow surviving spouse (IV) by adding at the end the following: (B) Subparagraph (A) shall apply in the case of any child or children— (i) of a miner whose death is due to pneumoconiosis; (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner's death as a result of the miner's claim filed under part C; (iii) of a miner who is found entitled to receive benefits at the time of the miner's death as a result of the miner's claim filed under part C before January 1, 1982; (iv) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner's death; (v) of a surviving spouse who is found entitled to receive benefits under this part at the time of the surviving spouse's death; or (vi) entitled to the payment of benefits under paragraph (5) of section 411(c). ; (iii) in paragraph (5)— (I) by striking the first sentence and inserting the following: In the case of the dependent parent or parents of a miner who is not survived at the time of death by a surviving spouse or a child and (i) whose death is due to pneumoconiosis, (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, who is found entitled to receive benefits at the time of the miner's death as a result of the miner's claim filed under part C, (iii) who is found entitled to receive benefits at the time of death as a result of the miner's claim filed under part C before January 1, 1982, or (iv) in a claim filed under part C before January 1, 1982, who was totally disabled by pneumoconiosis at the time of the miner's death, in the case of the dependent surviving brother(s) or sister(s) of such a miner who is not survived at the time of the miner's death by a surviving spouse, child, or parent, in the case of the dependent parent or parents of a miner (who is not survived at the time of the miner's death by a surviving spouse or child) who are entitled to the payment of benefits under paragraph (5) of section 411(c), or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of the miner's death by a surviving spouse, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 411(c), benefits shall be paid under this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother(s) or sister(s), were the children of such miner). (II) in the fourth sentence— (aa) by striking brother only if he brother or sister only if the brother or sister (bb) by striking before he ceased before the brother or sister ceased (iv) in paragraph (6), by striking prescribed by him prescribed by such Secretary (B) in subsection (b)— (i) by striking his such miner's (ii) by striking widow surviving spouse (C) in subsection (c), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (5) in section 413 ( 30 U.S.C. 923 (A) in subsection (b)— (i) in the second sentence, by striking his wife's affidavits affidavits of the miner's spouse (ii) in the ninth sentence, by striking widow surviving spouse (iii) by striking the last sentence; and (B) in subsection (c), by striking his claim the claim (6) in section 414 ( 30 U.S.C. 924 (A) in subsection (a)— (i) in paragraph (1), by striking widow, within six months after the death of her husband surviving spouse, within six months after the death of the miner (ii) in paragraph (2)(C), by striking his the child's (B) in subsection (e)— (i) by striking widow surviving spouse (ii) by striking his death the miner's death (7) in section 415(a) ( 30 U.S.C. 925(a) (A) in paragraph (1), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (B) in paragraph (2)— (i) by striking he such Secretary (ii) by striking him such Secretary (8) in section 421 ( 30 U.S.C. 931 (A) in subsection (a), by striking widows spouses (B) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), by striking he such Secretary (ii) in subparagraph (F), by striking promulgated by him promulgated by such Secretary (9) in section 422 ( 30 U.S.C. 932 (A) in subsection (a)— (i) by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (ii) by striking he such Secretary (B) in subsection (i)(4), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (C) in subsection (j), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (10) in section 423(a) ( 30 U.S.C. 933(a) he such operator (11) in section 424(b) ( 30 U.S.C. 934(b) (A) in the matter following subparagraph (B) of paragraph (1), by striking him such operator (B) in paragraph (3), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (C) in paragraph (5), by striking Internal Revenue Code of 1954 Internal Revenue Code of 1986 (12) in section 428 ( 30 U.S.C. 938 (A) in subsection (a), by striking him such operator (B) in subsection (b)— (i) in the first sentence, by striking he the miner (ii) in the third sentence, by striking he the Secretary (iii) in the ninth sentence— (I) by striking he the Secretary (II) by striking his the miner's (iv) in the tenth sentence, by striking he the Secretary (13) in section 430 ( 30 U.S.C. 940 (A) by striking 1977 and 1977, (B) by striking 1981 1981, and the Black Lung Benefits Improvement Act of 2014 (b) Internal Revenue Code Section 9501(b)(2) (D) Amounts collected as fees under section 436(g)(2)(A) of the Black Lung Benefits Act. . 112. Readjudicating cases involving certain chest radiographs (a) Definitions In this section: (1) Complicated pneumoconiosis or progressive massive fibrosis The term complicated pneumoconiosis or progressive massive fibrosis (2) Covered chest radiograph The term covered chest radiograph (3) Covered individual The term covered individual (4) Covered survivor The term covered survivor (A) is a survivor of a covered individual whose claim under the Black Lung Benefits Act was still pending at the time of the covered individual’s death; and (B) who continued to seek an award with respect to the covered individual’s claim after the covered individual’s death. (5) Pneumoconiosis The term pneumoconiosis (b) Claims A covered individual or a covered survivor whose claim for benefits under the Black Lung Benefits Act was denied prior to the enactment of this Act may file a new claim for benefits under this Act not later than one year after the date of enactment of this Act. (c) Adjudication on the merits (1) In general Any new claim filed under subsection (b) shall be adjudicated on the merits and shall not include consideration of a covered chest radiograph. (2) Covered survivor Any new claim filed under subsection (b) by a covered survivor shall be adjudicated as either a miner’s or a survivor’s claim depending upon the type of claim pending at the time of the covered individual’s death. (d) Time of payment (1) Miner's claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a miner’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the filing of the denied claim that had included in its record a covered chest radiograph. (2) Survivor's claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a survivor’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the miner’s death. (e) Contributing impact The Secretary of Labor shall have the discretion to deny a new claim under subsection (b) in circumstances where the party opposing such claim establishes through clear and convincing evidence that a covered chest radiograph did not contribute to the decision to deny benefits in all prior claims filed by the covered individual or the covered survivor. (f) Limitation on filing of new claims A new claim for benefits may be filed under subsection (b) only if the original claim was finally denied by a district director, an administrative law judge, or the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)). B Reports To improve the administration of benefits under the Black Lung Benefits Act 113. Strategy to reduce delays in adjudication (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives a comprehensive strategy to reduce the backlog of cases pending on such date of enactment before the Office of Administrative Law Judges of the Department of Labor. (b) Contents of strategy The strategy under this section shall provide information relating to— (1) the current and targeted pendency for each category of cases before the Office of Administrative Law Judges of the Department of Labor; (2) the number of administrative law judges, attorney advisors supporting such judges, support staff, and other resources necessary to achieve and maintain the targeted pendency for each category of such cases; (3) the necessary resources to improve efficiency and effectiveness, such as equipment for video conferences, training, use of reemployed annuitants, and administrative reforms; (4) the impact of sequestration, furloughs, and the Federal Government shutdown, which occurred from October 1 to October 16, 2013, on increasing administrative burdens and the backlog of cases pending before such office; and (5) with respect to claims filed under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. (c) Consultation In preparing such strategy, the Secretary of Labor shall consult with organizations that have ongoing interactions with the Office of Administrative Law Judges of the Department of Labor, including organizations that represent parties in cases under the Black Lung Benefits Act, the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 901 et seq. 114. GAO report on black lung disease (a) In general Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report on any barriers to health care faced by coal miners with pneumoconiosis. (b) Contents The report required under subsection (a) shall include— (1) an assessment of possible barriers to health care under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) and the degree to which any barriers impact the ability of miners with legitimate medical needs, particularly such miners in rural areas, to access treatment for pneumoconiosis; (2) recommendations necessary to address issues, if any, relating to patient access to care under such Act; and (3) an evaluation of whether the benefit payments authorized under such Act, as amended by this Act, are sufficient to meet the expenses of disabled miners, surviving spouses, dependents, and other family members entitled to receive benefits under the Black Lung Benefits Act. II Standard for respirable dust concentration 201. Standard for respirable dust concentration Section 202 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 842 (i) Reports (1) Retrospective study (A) In general Beginning on August 1, 2021, the Secretary shall conduct a retrospective study evaluating data collected using continuous personal dust monitors to determine whether to— (i) lower the applicable standard for respirable dust concentration to protect the health of miners; (ii) increase the frequency for taking samples of respirable dust concentration, using continuous personal dust monitors; (iii) modify the engineering controls and work practices used by mine operators to comply with the applicable standard for respirable dust concentration; and (iv) convert samples taken for shifts that are greater than 8 hours to an 8-hour equivalent concentration to more accurately assess the conditions of miners working on longer shifts. (B) Completion deadline By August 1, 2022, the Secretary shall complete the study required by subparagraph (A) and report the findings of such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (2) Subsequent studies By August 1, 2025, and every 3 years thereafter, the Secretary shall conduct a new study as described in paragraph (1)(A) and report, by not later than one year after the commencement of the study, the findings of such study to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (3) Revised standards If any report of the Secretary under this subsection concludes that the applicable standard for respirable dust concentration should be lowered to protect the health of miners, or that the incidence of pneumoconiosis among coal miners in the United States, as reported by the National Institute for Occupational Safety and Health, has not been reduced from such incidence prior to the implementation of the most recent applicable standard for respirable dust concentration, the Secretary shall, consistent with the requirements of this section and section 101, accordingly revise such standard and any applicable sampling or testing procedures not later than 24 months after the publication of such report of the Secretary under this subsection. . III Establishing the Office of Workers' Compensation Programs 301. Office of Workers' Compensation Programs (a) Establishment There shall be established, in the Department of Labor, an Office of Workers' Compensation Programs (referred to in this section as the Office (b) Director (1) In general The Office shall be directed by a Director for the Office of Workers' Compensation (referred to in this section as the Director (2) Duties The Director shall carry out all duties carried out by the Director for the Office of Workers' Compensation as of the day before the date of enactment of this Act. (c) Functions The functions of the Office on and after the date of enactment of this Act shall include the functions of the Office on the day before the date of enactment of this Act, including all of its personnel, assets, authorities, and liabilities. (d) References to Bureau of Employees' Compensation Reference in any other Federal law, Executive order, reorganization plan, rule, regulation, or delegation of authority, or any document of or relating to the Bureau of Employees' Compensation with regard to functions carried out by the Office of Workers' Compensation Programs, shall be deemed to refer to the Office of Workers' Compensation Programs. IV Severability 401. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

Black Lung Benefits Improvement Act of 2014

Office of Planning for Future Intercity Transportation Act - Directs the Secretary of Transportation (DOT) to establish within the Office of the Secretary the Office of Planning for Future Intercity Transportation (Office), headed by the Assistant Secretary for Intercity Transportation Planning. Requires the Office to be composed of: the Office of High-Speed Rail Policy, the Office of High-Speed Planning, and the Office of High-Speed Rail Operations and Safety. Requires the Assistant Secretary to oversee the planning, development, construction, financing, funding, and operation of high-speed rail in selected corridors throughout the United States. Directs the Secretary to report to Congress the results of a feasibility study that identifies and prioritizes corridors that offer the best opportunity to provide point-to-point high-speed intercity passenger rail service.

113 S2961 IS: Office of Planning for Future Intercity Transportation Act U.S. Senate 2014-11-20 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. 2961 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Begich Committee on Environment and Public Works A BILL To establish the Office of Planning for Future Intercity Transportation within the Office of the Secretary of Transportation. 1. Short title This Act may be cited as the Office of Planning for Future Intercity Transportation Act 2. Findings Congress finds the following: (1) High-speed passenger rail technology, while not new in Europe and Asia, is a new transportation technology in the United States. Its design, development, construction, financing, funding, and operation require specific skills and expertise that are not abundant in the United States, and will require years to develop. (2) Unlike highways, mass transit, and aviation, high-speed rail requires unique and separated rights of way to operate and must be fully integrated with other passenger transportation system elements to be successful. (3) In order to ensure the proper development of high-speed intercity passenger rail service in the United States, it is critical that a dedicated office be established at the highest levels of the Federal Government to coordinate and facilitate the intricate relationships between— (A) various levels of government; and (B) the wide range of industrial interests that will be required to work together to make high-speed rail successful. (4) Resources for transportation infrastructure are in high demand. Many people contend that there are not enough resources to maintain the transportation system the Nation has built, let alone to build new modes of transportation such as high-speed intercity passenger rail. (5) The capacity of the current transportation system threatens the present and future competitiveness of the United States. Unless investments are made in new, faster, and more efficient transportation capacity, such as intercity high-speed passenger rail, it will be very difficult for the United States— (A) to rise out of its current economic condition; or (B) to regain its leadership role domestically and internationally. (6) Placing the development of a national system of intercity high-speed rail corridors that are highly integrated with other modes of transportation under the direct supervision of the Secretary of Transportation and delegating the day-to-day administration of such system to an Assistant Secretary will ensure an effective launch and the efficient operation of a new national transportation modality. (7) It is in the interest of the United States to expeditiously develop and deploy intercity high-speed passenger rail under the singularly focused direction of the Secretary of Transportation. 3. Definitions In this Act: (1) Assistant secretary The term Assistant Secretary (2) Eligible participant The term eligible participant (A) a State that has participated in the process to develop and implement a cost allocation methodology under section 209(a) of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 (B) a group consisting solely of States described in subparagraph (A); (C) an Interstate Compact consisting solely of States described in subparagraph (A); (D) a public agency established by 1 or more of the States described in subparagraph (A) that is responsible for providing intercity passenger rail service; or (E) any entity that seeks to perform services under a contract awarded pursuant to this Act by providing— (i) a description of how the entity intends to perform the covered services; and (ii) materials demonstrating the entity’s capability to perform the proposed services in accordance with the requirements under this Act. (3) Office The term Office (4) Program participant The term program participant (5) Rail carrier The term rail carrier section 10102(5) (6) Secretary The term Secretary (7) State The term State 4. Office of Planning for Future Intercity Transportation (a) Establishment Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish the Office of Planning for Future Intercity Transportation within the Office of the Secretary of Transportation. The Office shall be composed of the Office of High-Speed Rail Policy, the Office of High-Speed Planning, and the Office of High-Speed Rail Operations and Safety. (b) Assistant Secretary (1) Appointment The head of the Office shall be the Assistant Secretary for Intercity Transportation Planning, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Assistant Secretary shall— (A) serve as the principal policy advisor to the Secretary and the Deputy Secretary on High-Speed Rail; and (B) assume responsibility for all activities of the Federal Government associated with high-speed rail that were previously delegated to the Administrator of the Federal Railroad Administration or otherwise authorized by Congress. (c) Functions Under the direction of the Assistant Secretary, the Office shall oversee the planning, development, construction, financing, funding, and operation of high-speed rail in selected corridors throughout the United States. (d) Feasibility study Not later than 2 years after the date on which the Office is established under this section, the Secretary shall submit to Congress the results of a feasibility study that identifies and prioritizes corridors that offer the best opportunity to provide point-to-point transportation service based on— (1) travel demand; (2) the total cost of construction and operation; and (3) expected passenger and other business revenue generated from the operation of transportation service. 5. Authorization of appropriations (a) In general There are authorized to be appropriated out of the Highway Trust Fund, for each of the fiscal years 2015, 2016, and 2017— (1) $20,000,000 to carry out the feasibility study required under section 4(d); and (2) $5,000,000 for administrative expenses incurred by the Office. (b) Contract authority (1) Feasibility study Amounts appropriated pursuant to subsection (a)(1) shall be available for the procurement of contract services to carry out such studies as the Secretary determines necessary to carry out section 4(d). (2) Other requirements Amounts appropriated pursuant to subsection (a)(2) shall be available for the procurement of contract services to carry out any other requirement under this Act.

Office of Planning for Future Intercity Transportation Act

Medical Expense Deduction Act - Amends the Internal Revenue Code to reduce from 10% to 7.5% of adjusted gross income the threshold after which medical expenses are fully deductible.

113 S2962 IS: Medical Expense Deduction Act U.S. Senate 2014-11-20 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. 2962 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Toomey Committee on Finance A BILL To repeal the tax increase imposed by Obamacare on taxpayers who incur catastrophic medical expenses. 1. Short title This Act may be cited as the Medical Expense Deduction Act 2. Repeal of increase in minimum deduction for medical, dental, etc., expenses (a) In general Subsection (a) of section 213 10 percent 7.5 percent (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014.

Medical Expense Deduction Act

Trade Adjustment Assistance Act of 2014 - Amends the Trade Adjustment Assistance Extension Act of 2011 to repeal the declaration that trade adjustment assistance (TAA) program requirements in effect as of February 13, 2011, under the Trade Act of 1974 shall apply to petitions for certification to apply for TAA for workers, firms, and farmers that are filed before January 1, 2014. Amends the Trade Act of 1974 to extend through December 31, 2020: (1) the TAA program, and (2) the reemployment trade adjustment assistance (RTAA) program. Makes funds available through FY2020, and for the period beginning October 1-December 31, 2020 (first quarter of FY2021), for training of adversely affected workers, employment and case management services, and job search expenses and relocation expenses. Reauthorizes appropriations: (1) through December 31, 2020, for the TAA program for workers; and (2) through FY2020, and for the first quarter of FY2021, for the TAA program for firms, communities, and farmers. Prescribes TAA eligibility requirements for adversely affected workers in public agencies. Revises trade readjustment allowance (TRA) program requirements. Limits to 130 weeks the length of TRA payments for an adversely affected worker who requires a program of remedial education or of prerequisite education in order to complete approved training. Increases from 65 to 78 additional weeks of TRA payments in a 78-week period the length of additional time permissible to complete training. Repeals the authority of a state to use funds for employment and case management services and relocation allowances to allow an adversely affected worker who is certified to file an application for a job search allowance and relocation allowance. (Continues to authorize adversely affected workers to apply for the job search allowance as well as the relocation allowance.) Revises the reemployment trade adjustment assistance (RTAA) program. Increases from: (1) $50,000 to $55,000 the maximum amount an RTAA-eligible worker may earn in wages from reemployment, and (2) $10,000 to $12,000 the maximum payment of RTAA (or wage subsidy) to an eligible older worker. Specifies criteria the Secretary must use to determine the eligibility of workers to apply for TAA if no determination has been made, upon enactment of this Act, as to whether to certify a group of workers or firms as eligible pursuant to a petition filed between January 1, 2014, and enactment of this Act. Requires the Secretary to reconsider any determination made before enactment of this Act not to certify such workers or firms, and to certify them as eligible if they meet the specified requirements. Amends the Internal Revenue Code to extend through calendar 2021, and increase from 72.5% to 80%, the tax credit for the health insurance coverage costs of Pension Benefit Guaranty Corporation (PBGC) pension and TAA recipients and their dependents. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act to extend through December 31, 2020, the TAA pre-certification period rule disregarding, for a specified period, any 63-day lapse in creditable health care coverage for TAA workers. Extends also through December 31, 2020, the continued eligibility of certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance.

113 S2964 IS: Trade Adjustment Assistance Act of 2014 U.S. Senate 2014-11-20 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. 2964 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Brown Mr. Bennet Ms. Cantwell Mr. Casey Mr. Cardin Mr. Menendez Mr. Rockefeller Mr. Schumer Ms. Stabenow Committee on Finance A BILL To extend the trade adjustment assistance program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Trade Adjustment Assistance 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—Application of provisions relating to trade adjustment assistance Sec. 101. Application of provisions relating to trade adjustment assistance. TITLE II—Extension of trade adjustment assistance program Subtitle A—Extension provisions Sec. 201. Extension of termination provisions. Sec. 202. Training funds. Sec. 203. Reemployment trade adjustment assistance. Sec. 204. Authorizations of appropriations. Subtitle B—Other provisions Sec. 211. Extension of trade adjustment assistance to public agency workers. Sec. 212. Limitations on trade readjustment allowances. Sec. 213. Job search and relocation allowances. Sec. 214. Reemployment trade adjustment assistance program. TITLE III—General provisions Sec. 301. Applicability of trade adjustment assistance provisions. Sec. 302. Sunset provisions. TITLE IV—Health Coverage Tax Credit Sec. 401. Extension and modification of Health Coverage Tax Credit. Sec. 402. TAA pre-certification rule for purposes of determining whether there is a 63-day lapse in creditable coverage. Sec. 403. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients. I Application of provisions relating to trade adjustment assistance 101. Application of provisions relating to trade adjustment assistance (a) Repeal of snapback Section 233 of the Trade Adjustment Assistance Extension Act of 2011 ( Public Law 112–40 (b) Applicability of certain provisions Except as otherwise provided in this Act, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this Act, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment. (c) References Except as otherwise provided in this Act, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be considered to be made to a provision of any such chapter, as in effect on December 31, 2013. II Extension of trade adjustment assistance program A Extension provisions 201. Extension of termination provisions Section 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 2013 2020 202. Training funds Section 236(a)(2)(A) of the Trade Act of 1974 ( 19 U.S.C. 2296(a)(2)(A) (1) in clause (i), by striking and 2013 through 2020 (2) in clause (ii), by striking 2013 2020 203. Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) 2013 2020 204. Authorizations of appropriations (a) Trade adjustment assistance for workers Section 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) 2013 2020 (b) Trade adjustment assistance for firms Section 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) (1) by striking $16,000,000 $50,000,000 (2) by striking and 2013 through 2020 (3) by striking $4,000,000 $6,250,000 (4) by striking October 1, 2013, and ending on December 31, 2013 October 1, 2020, and ending on December 31, 2020 (c) Trade adjustment assistance for communities Section 272(a) of the Trade Act of 1974 ( 19 U.S.C. 2372(a) (1) by striking and 2010 through 2020 (2) by striking October 1, 2010, and ending December 31, 2010 October 1, 2020, and ending December 31, 2020 (d) Trade adjustment assistance for farmers Section 298(a) of the Trade Act of 1974 ( 19 U.S.C. 2401g(a) (1) by striking and 2013 through 2020 (2) by striking October 1, 2013, and ending on December 31, 2013 October 1, 2020, and ending on December 31, 2020 B Other provisions 211. Extension of trade adjustment assistance to public agency workers (a) Definitions Section 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 (1) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking The Subject to section 222(d)(5), the (B) in subparagraph (A), by striking or service sector firm , service sector firm, or public agency (2) by adding at the end the following: (19) The term public agency . (b) Group eligibility requirements Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (2) by inserting after subsection (b) the following: (c) Adversely affected workers in public agencies A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that— (1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) the acquisition of services described in paragraph (2) contributed importantly to such workers’ separation or threat of separation. ; (3) in subsection (d) (as redesignated), by adding at the end the following: (5) Reference to firm For purposes of subsections (a) and (b), the term firm ; and (4) in paragraph (2) of subsection (e) (as redesignated), by striking subsection (a) or (b) subsection (a), (b), or (c) 212. Limitations on trade readjustment allowances (a) Limitations Section 233(a) of the Trade Act of 1974 ( 19 U.S.C. 2293(a) (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting after 104-week period (or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) or a program of prerequisite education (as described in section 236(a)(5)(E)) in order to complete training approved for the worker under section 236, the 130-week period) (2) in paragraph (3), in the matter preceding subparagraph (A), by striking 65 additional weeks 78 additional weeks (b) Payment of trade readjustment allowances To complete training Section 233(f) of the Trade Act of 1974 ( 19 U.S.C. 2293(f) 13 26 213. Job search and relocation allowances (a) Job search allowances Section 237 of the Trade Act of 1974 ( 19 U.S.C. 2297 (1) in subsection (a)(1)— (A) by striking Each State an adversely affected worker An adversely affected worker (B) by striking to file may file (2) in subsection (b)— (A) in paragraph (1), by striking not more than 90 percent 100 percent (B) in paragraph (2), by striking $1,250 $1,500 (b) Relocation allowances Section 238 of the Trade Act of 1974 ( 19 U.S.C. 2298 (1) in subsection (a)(1)— (A) by striking Each State an adversely affected worker An adversely affected worker (B) by striking to file may file (2) in subsection (b)— (A) in paragraph (1), by striking not more than 90 percent 100 percent (B) in paragraph (2), by striking $1,250 $1,500 214. Reemployment trade adjustment assistance program Section 246(a) of the Trade Act of 1974 ( 19 U.S.C. 2318(a) (1) in paragraph (3)(B)(ii), by striking $50,000 $55,000 (2) in paragraph (5), by striking $10,000 $12,000 III General provisions 301. Applicability of trade adjustment assistance provisions (a) Trade adjustment assistance for workers (1) Petitions filed on or after January 1, 2014, and before date of enactment (A) Certifications of workers not certified before date of enactment (i) Criteria if a determination has not been made If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. (ii) Reconsideration of denials of certifications If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall— (I) reconsider that determination; and (II) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. (iii) Petition described A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act. (B) Eligibility for benefits (i) In general Except as provided in clause (ii), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (A)(iii) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment. (ii) Computation of maximum benefits Benefits received by a worker described in clause (i) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act. (2) Petitions filed before January 1, 2014 A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before December 31, 2013, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on December 31, 2013. (3) Qualifying separations with respect to petitions filed within 90 days of date of enactment Section 223(b) of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall be applied and administered by substituting before January 1, 2014 more than one year before the date of the petition on which such certification was granted (b) Trade adjustment assistance for firms (1) Certification of firms not certified before date of enactment (A) Criteria if a determination has not been made If, as of the date of the enactment of this Act, the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment. (B) Reconsideration of denial of certain petitions If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall— (i) reconsider that determination; and (ii) if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance. (C) Petition described A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 on or after January 1, 2014, and before the date of the enactment of this Act. (2) Certification of firms that did not submit petitions between January 1, 2014, and date of enactment (A) In general The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974, as in effect on the date of the enactment of this Act, if the firm or its representative files a petition for a certification of eligibility under section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment. (B) Firm described A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if— (i) the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2014, and ending on the day before the date of the enactment of this Act; and (ii) the provisions of chapter 3 of title II of the Trade Act of 1974, as in effect on such date of enactment, had been in effect on that date during the period described in clause (i). 302. Sunset provisions (a) Application of prior law Subject to subsection (b), beginning on January 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. (1) paragraph (1) of section 231(c) of that Act shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect; (2) section 233 of that Act shall be applied and administered— (A) in subsection (a)— (i) in paragraph (2), by substituting 104-week period 104-week period 130-week period) (ii) in paragraph (3)— (I) in the matter preceding subparagraph (A), by substituting 65 additional weeks 52 additional weeks (II) by substituting 78-week period 52-week period (B) by applying and administering subsection (g) as if it read as follows: (g) Payment of trade readjustment allowances To complete training Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this chapter if— (1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training; (2) the worker participates in training in each such week; and (3) the worker— (A) has substantially met the performance benchmarks established as part of the training approved for the worker; (B) is expected to continue to make progress toward the completion of the training; and (C) will complete the training during that period of eligibility. ; (3) section 245(a) of that Act shall be applied and administered by substituting 2021 2007 (4) section 246(b)(1) of that Act shall be applied and administered by substituting December 31, 2021 the date that is 5 years State (5) section 256(b) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007 (6) section 298(a) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 each of the fiscal years October 1, 2007 (7) section 285 of that Act shall be applied and administered— (A) in subsection (a), by substituting 2021 2007 (B) by applying and administering subsection (b) as if it read as follows: (b) Other assistance (1) Assistance for firms (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. (2) Farmers (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. . (b) Exceptions The provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, shall continue to apply on and after January 1, 2021, with respect to— (1) workers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act before January 1, 2021; (2) firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act before January 1, 2021; and (3) agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act before January 1, 2021. IV Health Coverage Tax Credit 401. Extension and modification of Health Coverage Tax Credit (a) Extension Subparagraph (B) of section 35(b)(1) before January 1, 2014 before January 1, 2021 (b) Increase Subsection (a) of section 35 72.5 percent 80 percent (c) Coordination with PPACA credit for coverage under a qualified health plan (1) In general Subsection (a) of section 35 In the case of an individual, In the case of an individual who elects the application of this section for the taxable year, (2) Coordination rule Subsection (g) of section 35 of such Code is amended— (A) by striking (10) Regulations (12) Regulations (B) by inserting after paragraph (10) (relating to continued qualification of family members after certain events) the following new paragraph: (11) Coordination with premium tax credit (A) In general In the case of a taxpayer who elects the application of this section for any taxable year, no credit shall be allowed under section 36B with respect to such taxpayer for such taxable year. (B) Election Any election for this section to apply for a taxable year, once made, shall be irrevocable. . (3) Advance payment Section 7527 of such Code is amended by adding at the end the following new subsection: (f) Coordination with advance payment of premium tax credit No payment shall be made under this section on behalf of any individual with respect to whom any advance payment is made under section 1412 of the Patient Protection and Affordable Care Act for the taxable year. . (4) Procedures The Secretary of the Treasury shall issue such procedures and guidance as may be necessary or appropriate to coordinate, and facilitate taxpayer choices between, advance payments under section 7527 (d) Health plans offered through exchange treated as qualified health insurance Paragraph (1) of section 35(e) of such Code is amended by adding at the end the following new subparagraph: (L) Coverage under a qualified health plan which was enrolled in through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act. . (e) Effective date (1) In general The amendments made by this section shall apply to coverage months beginning after December 31, 2013. (2) Advance payment provisions The amendment made by subsection (c)(3) shall apply to certificates issued after the date of the enactment of this Act. 402. TAA pre-certification rule for purposes of determining whether there is a 63-day lapse in creditable coverage (a) In general The following provisions are each amended by striking January 1, 2014 January 1, 2021 (1) Section 9801(c)(2)(D). (2) Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974. (3) Section 2701(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning before January 1, 2014). (4) Section 2704(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning on or after January 1, 2014). (b) Effective date (1) In general The amendments made by this section shall apply to plan years beginning after December 31, 2013. (2) Transitional rules (A) Benefit determinations Notwithstanding the amendments made by this section (and the provisions of law amended thereby), a plan shall not be required to modify benefit determinations for the period beginning on January 1, 2014, and ending 30 days after the date of the enactment of this Act, but a plan shall not fail to be qualified health insurance within the meaning of section 35(e) of the Internal Revenue Code of 1986 during this period merely due to such failure to modify benefit determinations. (B) Guidance concerning periods before 30 days after enactment Except as provided in subparagraph (A), the Secretary of the Treasury (or his designee), in consultation with the Secretary of Health and Human Services and the Secretary of Labor, may issue regulations or other guidance regarding the scope of the application of the amendments made by this section to periods before the date which is 30 days after the date of the enactment of this Act. (C) Special rule relating to certain loss of coverage In the case of a TAA-related loss of coverage (as defined in section 4980B(f)(5)(C)(iv) of the Internal Revenue Code of 1986) that occurs during the period beginning on January 1, 2014, and ending 30 days after the date of the enactment of this Act, the 7-day period described in section 9801(c)(2)(D) of the Internal Revenue Code of 1986, section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974, and section 2701(c)(2)(C) of the Public Health Service Act shall be extended until 30 days after such date of enactment. 403. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients (a) In general The following provisions are each amended by striking January 1, 2014 January 1, 2021 (1) Section 4980B(f)(2)(B)(i)(V). (2) Section 4980B(f)(2)(B)(i)(VI). (3) Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974. (4) Section 602(2)(A)(vi) of such Act. (5) Section 2202(2)(A)(iv) of the Public Health Service Act. (b) Effective date The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after the date which is 30 days after the date of the enactment of this Act.

Trade Adjustment Assistance Act of 2014

Operation United Assistance Tax Exclusion Act of 2014 - Provides for a tax exclusion of compensation paid to a member of the Armed Forces serving in Operation United Assistance in the Ebola virus disease outbreak area (i.e. Liberia, Sierra Leone, Guinea, and any other region designated as experiencing a widespread Ebola virus disease outbreak). Requires that such service member undergo a program of not less than 21 days of controlled monitoring upon return from the outbreak area.

113 S2965 IS: Operation United Assistance Tax Exclusion Act of 2014 U.S. Senate 2014-11-20 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. 2965 IN THE SENATE OF THE UNITED STATES November 20, 2014 Mr. Cruz Committee on Finance A BILL To provide that members of the Armed Forces performing hazardous humanitarian services in West Africa to combat the spread of the 2014 Ebola virus outbreak shall be entitled to tax benefits in the same manner as if such services were performed in a combat zone. 1. Short title This Act may be cited as the Operation United Assistance Tax Exclusion Act of 2014 2. Treatment of certain hazardous humanitarian service as combat zone service for purposes of the combat zone compensation exclusion (a) In general For purposes of section 112 (b) Definitions (1) Qualified member of the Armed Forces The term qualified member of the Armed Forces (2) Operation United Assistance The term Operation United Assistance (3) Ebola virus disease outbreak area The term Ebola virus disease outbreak area

Operation United Assistance Tax Exclusion Act of 2014

Critical Care Assessment and Improvement Act of 2014 - Requires studies on critical care health services by the Institute of Medicine and the Health Resources and Services Administration of the Department of Health and Human Services (HHS).  Directs HHS to establish the Critical Care Coordinating Working Group within the National Institutes of Health (NIH) to: (1) advance research and research training in the critical care setting across NIH and HHS; (2) coordinate funding opportunities that involve multiple components of HHS; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities; (5) represent NIH in government-wide efforts to improve the critical care system; (6) coordinate the collection and analysis of information on NIH research relating to critical care and identify gaps in this research; (7) report annually to the Director of NIH on NIH research efforts relating to critical care; and (8) make recommendations on how to strengthen partnerships within NIH and HHS and public and private entities to expand collaborative, cross-cutting research. Requires HHS to carry out a demonstration project to improve the quality and efficiency of critical care in acute care hospitals.

113 S2966 IS: Critical Care Assessment and Improvement Act of 2014 U.S. Senate 2014-11-20 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. 2966 IN THE SENATE OF THE UNITED STATES November 20, 2014 Ms. Baldwin Mr. Portman Committee on Finance A BILL To improve the understanding and coordination of critical care health services. 1. Short title This Act may be cited as the Critical Care Assessment and Improvement Act of 2014 2. Findings; purposes (a) Findings Congress finds the following: (1) Critical care medicine is the care for patients whose illnesses or injuries present a significant danger to life, limb, or organ function and require comprehensive care and constant monitoring, usually in intensive care units (ICUs). (2) Each year, approximately 5,000,000 people in the United States are admitted into adult medical, surgical, pediatric, or neonatal ICUs. (3) Critical care medicine encompasses a wide array of diseases and health issues. The care provided in the ICU is highly specialized and complex due to the extreme severity of illness of its patient population, often involving multiple disease processes in different organ systems at the same time. (4) Critical care medicine consumes a significant amount of financial resources, accounting for more than 17 percent of all hospital costs. (5) According to a 2006 report by the Health Resources and Services Administration (referred to in this section as HRSA (6) The HRSA report also found that the growing aging population will further exacerbate an existing shortage of intensivists, the physicians certified in critical care who primarily deliver care in intensive care units, potentially compromising the quality and availability of care. Today, intensivist-led teams treat only one-third of critically ill patients despite substantial evidence that these teams lead to improved outcomes. (7) Ensuring the strength of our critical care medical delivery infrastructure is integral to the improvement of the quality and delivery of health care in the United States. (b) Purpose The purpose of this Act is to assess the current state of the United States critical care medical delivery system and implement policies to improve the quality and effectiveness of care delivered to the critically ill and injured. 3. Studies on critical care (a) Institute of Medicine study (1) In general The Secretary of Health and Human Services (in this Act referred to as the Secretary (A) conduct an analysis of the current state of critical care health services in the United States; (B) develop recommendations to bolster critical care capabilities to meet future demand; and (C) submit to Congress a report including the analysis and recommendations under subparagraphs (A) and (B). (2) Issues to be studied The agreement under paragraph (1) shall, at a minimum, provide for the following: (A) Analysis of the current critical care system in the United States, including— (i) the system’s capacity and resources, including the size of the critical care workforce and the availability of health information technology and medical equipment; (ii) the system’s strengths, limitations, and future challenges; and (iii) the system’s ability to provide adequate care for the critically ill or injured in response to a national health emergency, including a pandemic or natural disaster. (B) Analysis and recommendations regarding regionalizing critical care systems. (C) Analysis regarding the status of critical care research in the United States and recommendations for future research priorities. (b) Health Resources and Services Administration study (1) In general The Secretary shall review and update the Health Resources and Services Administration’s 2006 study entitled The Critical Care Workforce: A Study of the Supply and Demand for Critical Care Physicians (2) Scope In carrying out paragraph (1), the Secretary shall expand the scope of the study to address the supply and demand of other providers within the spectrum of critical care delivery, such as critical care nurses, mid-level providers (such as physician assistants and nurse practitioners), intensive care unit pharmacists, and intensive care unit respiratory care practitioners. 4. NIH Critical Care Coordinating Working Group (a) Establishment The Secretary shall establish a working group within the National Institutes of Health to be known as the Critical Care Coordinating Working Group (in this section referred to as the Working Group (b) Membership The Secretary shall ensure that the membership of the Working Group includes representatives throughout the National Institutes of Health and any other component of the Department of Health and Human Services, as the Secretary determines appropriate to increase agency coordination on critical care, and based on existing resources, such as— (1) the National Heart, Lung, and Blood Institute; (2) the National Institute of Nursing Research; (3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development; (4) the National Institute of General Medical Sciences; (5) the National Institute on Aging; and (6) the National Institute of Minority Health. (c) Duties The Working Group shall— (1) serve as the focal point and catalyst across the National Institutes of Health and any other component of the Department of Health and Human Services, as the Secretary determines appropriate for advancing research and research training in the critical care setting; (2) coordinate funding opportunities that involve multiple components of the Department of Health and Human Services; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities in their areas of interest; (5) represent the National Institutes of Health in government-wide efforts to improve the Nation’s critical care system; (6) coordinate the collection and analysis of information on current research of the National Institutes of Health relating to the care of the critically ill and injured and identify gaps in such research; (7) provide an annual report to the Director of the National Institutes of Health regarding research efforts of the Institutes relating to the care of the critically ill and injured; and (8) make recommendations in each such report on how to strengthen partnerships within the National Institutes of Health and between the Department of Health and Human Services and public and private entities to expand collaborative, cross-cutting research. 5. Centers for Medicare and Medicaid Innovation Critical Care Demonstration project (a) In general Not later than one year after the date of the enactment of this Act, the Secretary shall carry out a demonstration project under Section 1115A of the Social Security Act ( 42 U.S.C. 1315a (b) Activities under demonstration project The activities conducted under the demonstration project under subsection (a) may, in addition to any other activity specified by the Center for Medicare and Medicaid Innovation, include activities that seek to— (1) improve the coordination and transitions of care to and from an intensive care unit and the next point of care; (2) incorporate value-based purchasing methodologies or novel informatics, monitoring, or other methodologies to eliminate error, improve outcomes, and reduce waste from the delivery of critical care; (3) improve prediction models that help health care providers and hospitals identify patients at high risk for requiring critical care services and streamline care delivery to prevent unexpected hospital readmissions for critical illnesses; and (4) utilize bundled payment approaches and incentive care redesign, such as efforts to facilitate and support comprehensive team delivered care.

Critical Care Assessment and Improvement Act of 2014

Local Control of Education Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the federal government from directly or indirectly mandating, directing, controlling, incentivizing, or conditioning federal support on a state's, local educational agency's (LEA's), or school's adoption of: the Common Core State Standards, any other academic standards common to a number of states, or any statewide or nationally recognized content standards; or any assessment, instructional content, or curriculum aligned to, or based on, specific academic standards. Amends the American Recovery and Reinvestment Act of 2009 to make those prohibitions applicable to grants awarded under the Race to the Top program for innovations and reforms in elementary and secondary education. Prohibits the Secretary of Education from conditioning the provision of a statutory or regulatory waiver under the ESEA on a state, LEA, Indian tribe, or school adopting any specific instructional content, academic standard, assessment, curriculum, or program of instruction. Makes that prohibition applicable to future and previously issued waivers.

113 S2967 IS: Local Control of Education Act U.S. Senate 2014-12-02 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. 2967 IN THE SENATE OF THE UNITED STATES December 2, 2014 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Federal Government from mandating, incentivizing, or coercing States to adopt the Common Core State Standards or any other specific academic standards, instructional content, curricula, assessments, or programs of instruction. 1. Short title This Act may be cited as the Local Control of Education Act 2. General ESEA prohibition (a) In general Section 9527 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7907 (e) Prohibition of Federal government mandating common standards, programs of instruction, curricula, assessments, or academic standards An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401)— (1) mandate, direct, or control a State, local educational agency, or school's specific instructional content or any specific academic standard, assessment, curriculum, or program of instruction, including through any requirement, direction, condition, or mandate to adopt— (A) the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a number of States, or any specific statewide or nationally recognized content standards; or (B) any assessment, instructional content, or curriculum aligned to, or based on, specific academic standards, including any of the standards described in subparagraph (A); (2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standard, assessment, curriculum, commonality of standards or assessments, or program of instruction described in paragraph (1), which shall include providing any priority, preference, or special consideration during the application process based on any specific content, standard, assessment, curriculum, commonality, or program; or (3) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of any specific instructional content, academic standard, assessment, curriculum, commonality of standards or assessments, or program of instruction described in paragraph (1), even if such requirements are specified in section 14006 or 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 281) or any other Act. . (b) Conforming amendment Section 9527(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7907(a) curriculum, program of instruction, or 3. Prohibition on requiring adoption of common standards with respect to waivers (a) Prohibition Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (h) Prohibition on requiring certain standards for waivers (1) In general The Secretary shall not require that a State, local educational agency, Indian tribe, or school adopt, as a prerequisite or condition for any waiver under this section, any specific instructional content, academic standard, assessment, curriculum, or program of instruction, including— (A) the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a number of States, or any specific statewide or nationally recognized content standards; or (B) any assessment, instructional content, or curriculum aligned to, or based on, any specific academic standards, including any of the standards described in subparagraph (A). (2) Effect on previously issued waivers (A) In general Any requirement described in paragraph (1) that was required for a waiver provided to a State, local educational agency, Indian tribe, or school under this section before the date of enactment of the Local Control of Education Act (B) Prohibited actions The Secretary shall not— (i) enforce any requirement that is void pursuant to subparagraph (A); and (ii) require the State, local educational agency, Indian tribe, or school to reapply for a waiver, or to agree to any other conditions to replace any requirements that is void pursuant to subparagraph (A), until the end of the period of time specified under the waiver. (C) No effect on other provisions Any other provisions or requirements of a waiver provided under this section before the date of enactment of the Local Control of Education Act . 4. Prohibition in Race to the Top Funding Title XIV of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 14007A. Prohibition on requiring or preferring common standards The prohibitions of section 9527(e) of the Elementary and Secondary Education Act of 1965 shall apply to each grant awarded under section 14006 or 14007 in the same manner as such prohibitions apply to a grant awarded under such Act. .

Local Control of Education Act

Community Partnerships in Education Act - Amends the school improvement program under part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to: allow states and local educational agencies (LEAs) to measure students' attainment of 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration) in assessing students' progress toward state academic performance standards, require LEAs to describe the data-sharing agreements they have entered into with other agencies and organizations, and prioritize the provision of school improvement funds to LEAs with the lowest-achieving schools that demonstrate a commitment to involving community partners and intermediary organizations in school improvement efforts. Amends the Carl D. Perkins Career and Technical Education Act of 2006 to: allow states to measure students' attainment of 21st century skills in assessing the career and technical education programs funded under such Act, require states to include community partners and intermediary organizations in the development of their plans for career and technical education programs, require career and technical education providers to describe how they will involve such entities in their programs, and require those providers to develop and implement data-sharing agreements with other agencies and organizations. Amends the Workforce Innovation and Opportunity Act to: require local workforce development boards to include representatives of community partners and intermediary organizations; require local workforce development plans to describe the data-sharing agreements that the local board has entered into with other agencies and organizations; allow state workforce development program performance indicators to include assessments of students' acquisition of 21st Century skills; include the development of 21st Century skills as an element of the youth workforce investment activities and adult and dislocated worker training services funded by local workforce development programs; and require states providing funding to adult education and literacy providers under the Act to consider the extent to which those providers coordinate their activities with other education, training, and social service resources in the community, including through data-sharing arrangements. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to: require TRIO program providers to work, to the extent feasible, with community partners and intermediary organizations; require the Secretary of Education to encourage TRIO program providers to enter into data-sharing agreements with other agencies and organizations; require the Secretary to consider students' acquisition of 21st Century skills in assessing TRIO program effectiveness; include community partners and intermediary organizations in the partnerships for grants under the Gaining Early Awareness and Readiness for Undergraduate programs (GEAR UP); require GEAR UP providers, to the extent feasible, to enter into data-sharing agreements with other organizations or agencies; and include among GEAR UP activities those that improve the number of participating students who acquire 21st Century skills. Requires secondary and postsecondary high school equivalency programs and college assistance migrant programs to: (1) be implemented in partnership with community partners and with the involvement of intermediary organizations, and (2) include data-sharing agreements between program grantees and other organizations or agencies. Includes as part of the high school equivalency program activities that enable students to acquire 21st Century skills.

113 S2968 IS: Community Partnerships in Education Act U.S. Senate 2014-12-02 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. 2968 IN THE SENATE OF THE UNITED STATES December 2, 2014 Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To include community partners and intermediaries in the planning and delivery of education and related programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Community Partnerships in Education Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Amendments to the Elementary and Secondary Education Act of 1965 Sec. 101. State plans. Sec. 102. Local educational agency plans. Sec. 103. Schoolwide programs. Sec. 104. Targeted assistance schools. Sec. 105. Academic assessment and local educational agency and school improvement. Sec. 106. School improvement grants. Sec. 107. Evaluations. Sec. 108. Definitions. Title II—Amendments to the Carl D. Perkins Career and Technical Education Act of 2006 Sec. 201. Definitions. Sec. 202. Attainment of 21st century skills. Sec. 203. Inclusion of community partners and intermediary organizations in State and local plans. Sec. 204. Evaluations. Title III—Amendments to the Workforce Innovation and Opportunity Act Sec. 301. Definitions. Sec. 302. Inclusion of community partners and intermediary organizations in local workforce development boards and activities. Sec. 303. Inclusion of community partners and intermediary organizations in adult education and literacy programs. Sec. 304. Effective date. Title IV—Amendments to the Higher Education Act of 1965 Sec. 401. Definitions. Sec. 402. TRIO programs. Sec. 403. GEAR UP. Sec. 404. Maintenance and expansion of existing programs. I Amendments to the Elementary and Secondary Education Act of 1965 101. School improvement grants Section 1003(g)(6) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6303(g)(6) (1) by striking and (2) by striking the period at the end of subparagraph (B) and inserting ; and (3) by adding at the end the following: (C) a commitment to carry out school and local educational agency improvement— (i) in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of school and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of local educational agency, school, and community partner goals, activities, and training; and (ii) with the involvement of one or more intermediary organizations that will assist the agency and its schools by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. . 102. State plans Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (1) in subsection (b)(2)(C)(vii)— (A) by striking and changes in changes in (B) by inserting before the period at the end the following: , and measures of the attainment of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration) (2) in subsection (b)(2)(D)(i), by inserting , and aligned with the program the State will carry out with funds received under this part if any (3) in subsection (h)(1)(C)— (A) by striking and (B) by striking the period at the end of clause (viii) and inserting ; and (C) by adding at the end the following: (ix) information on student attainment of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . 103. Local educational agency plans Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(1) (1) in subparagraph (B), by inserting , such as measures of the attainment of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration), any other indicators (2) in subparagraph (P), by striking and (3) in subparagraph (Q), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (R) a description of the data-sharing agreement or agreements that the local educational agency has entered into with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. (S) a description of how the local educational agency will carry out programs with funds received under this part in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of school and community partner staff, development and implementation of shared data systems that support the improvement of such programs and the improvement of the outcomes of such programs, and the alignment and coordination of local educational agency, school, and community partner goals, activities, and training; and (T) a description of how the local educational will carry out programs with funds received under this part with the involvement of one or more intermediary organizations that will assist the agency and its schools by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that such funds flow quickly and effectively to effective service providers and activities. . 104. Schoolwide programs Section 1114(b)(1)(J) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(J)) is amended by inserting , with the assistance of one or more intermediary organizations described in section 1112(b)(1)(T), Coordination and integration 105. Targeted assistance schools Section 1115(c)(1)(H) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315(c)(1)(H)) is amended by inserting , with the assistance of one or more intermediary organizations described in section 1112(b)(1)(T), coordinate and integrate 106. Academic assessment and local educational agency and school improvement Section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 (1) in subsection (a)(1)(B), by inserting , such as measures of the attainment of 21st century skills, section 1121(b)(1)(A) and (B) (2) in subsection (b)(3)(A)— (A) in the matter preceding clause (i), by inserting community partners and intermediary organizations described in section 1112(b)(1)(S) and (T), the local educational agency serving the school, (B) in clause (vii)— (i) by striking and the State educational agency the State educational agency (ii) by inserting and community partners and intermediary organizations described in section 1112(b)(1)(S) and (T), under the plan (3) in subsection (c)(7)(A)— (A) in the matter preceding clause (i), by inserting community partners or intermediary organizations as described in section 1112(b)(1)(S) and (T), school staff, (B) in clause (vii), by striking and the local educational agency , the local educational agency, and community partners and intermediary organizations as described in section 1112(b)(1)(S) and (T) 107. Evaluations Section 1501(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491(a)(2) (1) by redesignating subparagraph (O) as subparagraph (Q); and (2) by inserting after subparagraph (N) the following: (O) Whether and how local educational agencies are involving community partners and intermediary organizations in their activities carried out under section 1003(g) and part A, and the impact of that involvement. (P) The implementation of the data-sharing agreements entered into under section 1112(b)(1)(E), and the impact of that implementation. . 108. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (1) by redesignating paragraphs (7) through (24), and paragraphs (25) through (43), as paragraphs (8) through (25) and paragraphs (27) through (45), respectively; (2) by inserting after paragraph (6), the following: (7) Community partner The term community partner ; and (3) by inserting after paragraph (25), as redesignated by paragraph (1), the following: (26) Intermediary Organization The term intermediary organization . II Amendments to the Carl D. Perkins Career and Technical Education Act of 2006 201. Definitions Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (1) by redesignating paragraphs (9) through (18) and paragraphs (19) through (34) as paragraphs (10) through (19) and paragraphs (21) through (36), respectively; (2) by inserting after paragraph (8) the following new paragraph: (9) Community partner The term community partner ; and (3) by inserting after paragraph (19), as redesignated by paragraph (1), the following: (20) Intermediary organization The term intermediary organization . 202. Attainment of 21st century skills Section 113 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 29 U.S.C. 2323 (1) in subsection (b)— (A) in paragraph (2)(C), by inserting attainment of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration) and such as (B) in paragraph (4)(C)(ii)— (i) in subclause (I), by striking ; and (ii) in subclause (II), by striking the period and inserting ; and (iii) by adding at the end the following: (III) describe the progress of career and technical education students served by the eligible recipient in attaining 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). ; and (2) in subsection (c)(2)— (A) in subparagraph (A), by striking ; and (B) in subparagraph (B), by striking the period and inserting ; and (C) by adding at the end the following: (C) describe the progress of career and technical education students in the State in attaining 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . 203. Evaluations Section 114(d)(2)(B) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 29 U.S.C. 2324 (1) in clause (vi), by striking ; and (2) in clause (vii), by striking the period and inserting a semicolon; and (3) by inserting after clause (vii) the following: (viii) whether and how eligible recipients are involving community partners and intermediary organizations in their activities carried out under part C, and the impact of that involvement; and (ix) the implementation of the data-sharing agreements entered into under section 135(b)(10), and the impact of that implementation. . 204. Inclusion of community partners and intermediary organizations in State and local plans (a) State plan Section 122 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2342) is amended— (1) in subsection (b)(1)(A)(ix) by striking including parent and community organizations including parent and intermediary organizations and community partners (2) in subsection (c)(1)(A)— (A) in clause (iii), by striking ; and (B) in clause (iv), by striking the period and inserting a semicolon; and (C) by inserting after clause (iv) the following: (v) are carried out in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of eligible recipient and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of eligible recipient and community partner goals, activities, and training; and (vi) are carried out with the involvement of one or more intermediary organizations that will assist the eligible applicants by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. ; and (3) in subsection (c)(2)— (A) in subparagraph (F), by striking ; and (B) in subparagraph (G), by inserting ; and (C) by inserting after subparagraph (G) the following: (H) may be provided by a community partner or an intermediary organization; . (b) Local plan Section 134(b) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2354(b)) is amended— (1) in paragraph (5), by inserting community partners and intermediary organizations, labor organizations, (2) in paragraph (11), by striking ; and (3) in paragraph (12)(B), by striking the period and inserting a semicolon; and (4) by inserting after paragraph (12) the following: (13) describe the data-sharing agreement or agreements that the eligible recipient agency has entered into with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges; (14) describe how the eligible recipient will carry out its program under this part in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of eligible recipient and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of eligible recipient and community partner goals, activities, and training; and (15) describe how the eligible recipient will carry out its program under this part with the involvement of one or more intermediary organizations that will assist the eligible entity by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. . (c) Local use of funds Section 135(b) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2355(b)) is amended— (1) in paragraph (5), by striking development program that development programs, which may be provided by community partners or intermediary organizations, that (2) in paragraph (8), by striking ; and (3) in paragraph (9), by striking the period and inserting ; and (4) by inserting after paragraph (9) the following: (10) develop and implement data-sharing agreements between the eligible recipient and other agencies and organizations that provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges. . III Amendments to the Workforce Innovation and Opportunity Act 301. Definitions Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (1) by redesignating paragraphs (11) through (29) and paragraphs (30) through (71) as paragraphs (12) through (30) and paragraphs (32) through (73), respectively; (2) by inserting after paragraph (10) the following new paragraph: (11) Community partner Except as otherwise specified in section 203, the term community partner ; and (3) by inserting after paragraph (30), as redesignated by paragraph (1), the following: (31) Intermediary organization Except as otherwise specified in section 203, the term intermediary organization . 302. Inclusion of community partners and intermediary organizations in local workforce development boards and activities (a) Local workforce development boards Section 107(b)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122(b)(2) (1) by redesignating subparagraph (E) as subparagraph (F); (2) in subparagraph (D)(v), by striking and (3) by inserting after subparagraph (D), the following: (E) each local board shall include representatives of community partners and intermediary organizations; and . (b) Local plans Section 108(b) of such Act ( 29 U.S.C. 3123(b) (1) by redesignating paragraph (22) as paragraph (23); (2) in paragraph (21), by striking and (3) by inserting after paragraph (21), the following new paragraph: (22) a description of the data-sharing agreement or agreements that the local board has entered into with other agencies and organizations so as to provide for shared access to information on participant progress and success (consistent, as applicable, with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges; and . (c) Performance indicators and information Section 116 of such Act ( 29 U.S.C. 3141 (1) in subsection (b)(2)(B), by inserting before the period the following: , including the acquisition of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration) by program participants (2) in subsection (d)(3)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period and inserting ; and (C) by inserting after subparagraph (C) the following: (D) at the discretion of the Governor, information on program participants’ development of 21st century skills. . (d) Youth activities Section 129(c) of such Act ( 29 U.S.C. 3164(c) (1) in paragraph (1)(A), by inserting 21st century skills (such as critical thinking, problem-solving, communication, and collaboration), basic skills, (2) in paragraph (2)— (A) in subparagraph (M), by striking and (B) in subparagraph (N), by striking the period and inserting ; and (C) by inserting after subparagraph (N) the following: (O) development of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . (e) Adult and dislocated worker activities Section 134(c)(3)(D) of such Act ( 29 U.S.C. 3174(c)(3)(D) (1) in clause (x), by striking and (2) in clause (xi), by striking the period and inserting ; and (3) by inserting after clause (xi) the following new clause: (xii) development of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . (f) Evaluations Section 169(a)(2) of such Act ( 29 U.S.C. 3224(a)(2) (1) in subparagraph (A)(i), by inserting and 21st century skills employment competencies (2) in subparagraph (F), by striking and (3) by redesignating subparagraph (G) as subparagraph (I); and (4) by inserting after subparagraph (F) the following new subparagraphs: (G) whether and how providers of services under chapters 2 and 3 of subtitle A involve community partners and intermediary organizations in their delivery of services, and the impact of that involvement; (H) the implementation of the data-sharing agreements entered into pursuant to section 108(b)(22), and the impact of that implementation; and . 303. Inclusion of community partners and intermediary organizations in adult education and literacy programs (a) Definitions Section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 (1) by redesignating paragraphs (3) through (12) and paragraphs (13) through (17) as paragraphs (4) through (13) and paragraphs (15) through (19), respectively; (2) by inserting after paragraph (2) the following new paragraph: (3) Community partner The term community partner ; and (3) by inserting after paragraph (13), as redesignated by paragraph (1), the following: (14) Intermediary organization The term intermediary organization . (b) Grants and contracts for eligible providers Section 231(e)(10) of such Act ( 29 U.S.C. 3321(e)(10) (1) by inserting and data-sharing arrangements (designed to provide for shared access to information on student progress (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges) strong links (2) by inserting community partners, intermediary organizations, postsecondary educational institutions, (3) by striking nonprofit organizations, and intermediaries and nonprofit organizations (c) Local plan Section 232(2) of such Act is amended by inserting and data-sharing agreements cooperative agreements 304. Effective date The amendments made by this title shall take effect as if enacted as part of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. IV Amendments to Higher Education Act of 1965 401. Definitions Section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 (1) by redesignating paragraphs (3) through (10) and paragraphs (11) through (24) as paragraphs (4) through (11) and paragraphs (13) through (25), respectively; (2) by inserting after paragraph (2) the following: (3) Community Partner The term community partner ; and (3) by inserting after paragraph (11), as redesignated by paragraph (1), the following: (12) Intermediary Organization The term intermediary organization . 402. TRIO programs Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 (1) in subsection (b)(1)— (A) by striking For the purposes described (A) In general For the purposes described ; and (B) by adding at the end the following: (B) Community partners and intermediary organizations An eligible entity described in subparagraph (A) of a grant or contract under this chapter shall, to the extent feasible, carry out the grant or contract— (i) with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of such eligible entity and community partner staff, development and implementation of shared data systems that support the improvement of the operations and outcomes of the program carried out with such grant or contract, and the alignment and coordination of such eligible entity and community partner goals, activities, and training; and (ii) with the involvement of one or more intermediary organizations that will assist such eligible entity by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that the grant or contract funds flow quickly and effectively to effective service providers and activities. ; (2) in subsection (c)(6), by adding at the end the following: The Secretary shall also encourage recipients of grants and contracts under this chapter to enter into data-sharing agreements with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. (3) in subsection (f)(3)— (A) in subparagraph (A)— (i) by redesignating clauses (v) and (vi), as clauses (vi) and (vii), respectively; and (ii) by inserting after clause (iv) the following new clause: (v) student acquisition of 21st century skills (such as critical thinking, problem-solving, communication and collaboration); ; and (B) in subparagraph (B)— (i) by redesignating clauses (v), (vi), and (vii), as clauses (vi), (vii), and (viii), respectively; and (ii) by inserting after clause (iv) the following new clause: (v) student acquisition of 21st century skills (such as critical thinking, problem-solving, communication and collaboration); . 403. GEAR UP (a) Definition of eligible entity Section 404A(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–21(c)(2) (1) in subparagraph (A)— (A) by striking and (B) by adding at the end the following: (iii) one or more community partners; and ; and (2) in subparagraph (B), by inserting intermediary organizations, subpart 4, (b) Requirements Section 404B(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–22(b) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking Each eligible entity (1) In general Each eligible entity ; and (3) by adding at the end the following: (2) Data sharing Each eligible entity receiving a grant under this chapter shall, to the extent feasible, enter into data-sharing agreements with other organizations or agencies so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. . (c) Applications Section 404C(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–23(a)(2) (1) in subparagraph (I), by striking and (2) in subparagraph (J), by striking the period and inserting ; and (3) by adding at the end the following: (K) describe, in the case of an eligible entity described in section 404A(c)(2), how the entities included in the partnership will engage in— (i) joint planning and implementation; (ii) shared professional development designed to improve the effectiveness of school, community partner, and other staff; (iii) development and implementation of shared data systems that support program improvement and the improvement of program outcomes; and (iv) the alignment and coordination of local educational agency, school, community partner, and other partnership members’ goals, activities, and training. . (4) Activities Section 404D(a)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–24(a)(3) (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) at the discretion of the eligible entity, acquire 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . 404. Maintenance and expansion of existing programs (a) Program authority Section 418A(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1070d–2(a) (1) by striking The Secretary shall (1) In general The Secretary shall ; and (2) by adding at the end the following: (2) Community partners and intermediary organizations Each such program shall be implemented— (A) in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of, as applicable, school, institution of higher education, nonprofit organization, and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of, as applicable, school, institution of higher education, nonprofit organization, and community partner goals, activities, and training; and (B) with the involvement of one or more intermediary organizations that assist the grantee by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. (3) Data sharing Each such program shall include the implementation of one or more data-sharing agreements between the grantee and other organizations or agencies that provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. . (b) Services provided Section 418A(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070d–2(b) (1) in paragraph (8), by striking and (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) activities designed to ensure that participants acquire 21st century skills (such as critical thinking, problem-solving, communication, and collaboration); and .

Community Partnerships in Education Act

General of the Army Omar Bradley Property Transfer Act of 2014 - Authorizes the Omar Bradley Foundation, Pennsylvania, to transfer, without consideration, to the child of General of the Army Omar Nelson Bradley and his first wife, Mary Elizabeth Quayle Bradley, such items of the Omar Bradley estate under the control of the Foundation as the Secretary of the Army determines to be without historic value to the Army, provided a claim for such a transfer is submitted within 180 days after enactment of this Act.

113 S2969 IS: General of the Army Omar Bradley Property Transfer Act of 2014 U.S. Senate 2014-12-03 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. 2969 IN THE SENATE OF THE UNITED STATES December 2, 2014 Mr. Toomey Committee on Armed Services A BILL To authorize the transfer of certain items under the control of the Omar Bradley Foundation to the descendants of General Omar Bradley. 1. Short title This Act may be cited as the General of the Army Omar Bradley Property Transfer Act of 2014 2. Transfer of certain items of the Omar Bradley Foundation to the descendants of General Omar Bradley (a) Transfer authorized The Omar Bradley Foundation, Pennsylvania, may transfer, without consideration, to the child of General of the Army Omar Nelson Bradley and his first wife Mary Elizabeth Quayle Bradley, namely Elizabeth Bradley, such items of the Omar Bradley estate under the control of the Foundation as the Secretary of the Army determines to be without historic value to the Army. (b) Time of submittal of claim for transfer No item may be transferred under subsection (a) unless the claim for the transfer of such item is submitted to the Omar Bradley Foundation during the 180-day period beginning on the date of the enactment of this Act.

General of the Army Omar Bradley Property Transfer Act of 2014

Educational Opportunities Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. Allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). Defines "scholarship granting organization" as a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other expenses of elementary and secondary school students from low income households (i.e., household income not exceeding 250% of federal poverty guidelines). Allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. Imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year.

114 S809 IS: Educational Opportunities Act U.S. Senate 2015-03-19 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 114th CONGRESS 1st Session S. 809 IN THE SENATE OF THE UNITED STATES March 19, 2015 Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. 1. Short title This Act may be cited as the Educational Opportunities Act 2. Tax credit for contributions to scholarship granting organizations (a) Credit for individuals (1) In general Subpart A of part IV of subchapter A of chapter 1 25E. Qualified elementary and secondary education tuition (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions For purposes of this section— (1) Qualified contribution The term qualified contribution (2) Scholarship granting organization The term scholarship granting organization (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student The term eligible student (A) who is enrolled in an elementary or secondary school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses The term qualified elementary and secondary education expenses (A) child beneficiary a child the designated beneficiary of the trust (B) in applying such paragraph, the term school (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to a scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship The term scholarship (d) Requirements for scholarship granting organizations An organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) different students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act For purposes of paragraph (5), the term independent certified public accountant (e) Eligible school reporting requirement (1) In general The reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report, to each scholarship granting organization that provides scholarships to students at the school, that includes— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act (2) No personally identifiable information In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Qualified elementary and secondary education tuition. . (b) Credit for corporations (1) In general Subpart D of part IV of subchapter A of chapter 1 45S. Contributions to scholarship granting organizations (a) General rule For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation The amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions For purposes of this section, the term qualified contribution (d) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) Conforming amendments (A) Section 38(b) of such Code is amended by striking plus , plus (37) the education scholarship credit determined under section 45S(a). . (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Contributions to scholarship granting organizations. . (c) Excise tax on failure of scholarship granting organizations To make distributions (1) In general Chapter 42 H Scholarship granting organizations Sec. 4968. Tax on failure to distribute receipts. 4968. Tax on failure to distribute receipts (a) Tax imposed There is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25E(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions For purposes of this section— (1) Required distribution amount The required distribution amount with respect to a taxable year is the amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions The term distribution (3) Distribution deadline The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause. . (2) Abatement of tax (A) General rule Subsection (b) of section 4962 of such Code is amended by striking or G G, or H (B) First tier tax Subsection (a) of section 4963 of such Code is amended by inserting 4968, 4967, (C) Taxable event Subsection (c) of section 4963 of such Code is amended by inserting 4968, 4967, (3) Correction period Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting or 4968 4942 (4) Conforming amendment The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter H. Scholarship granting organizations . (d) Evaluations (1) Definitions In this section— (A) the terms eligible student qualified elementary and secondary education expenses scholarship granting organization section 25E(c) (B) the term Director (C) the term participating student (2) Evaluations (A) In general By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation In conducting the evaluation required under this subsection, the Director shall— (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25E(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under section 25E and 45S of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Ways and Means and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Finance and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective date The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2015.

Educational Opportunities Act

Military Justice Improvement Act of 2014 - Amends the Uniform Code of Military Justice (UCMJ) to direct the Secretaries of Defense (DOD) and Homeland Security (DHS) to require the Secretaries of the military departments to modify the process for determining whether to try by court-martial a member accused of: (1) certain UCMJ offenses for which the maximum punishment includes confinement for more than one year; or (2) a conspiracy, solicitation, or attempt to commit such offenses. Requires courts-martial determinations for such offenses to be made by a commissioned officer available for detail as trial counsel who is outside the chain of command of the member subject to the charges. (Currently, courts-martial decisions are made by commanding officers of accused members.) Excludes from the revised procedures that require counsel outside the chain of command to make such courts-martial determinations certain UCMJ offenses relating specifically to military service, including absence without leave, insubordination, and aiding the enemy. Prohibits an outside counsel's determination not to proceed to trial by general or special court-martial from altering the authority of commanding officers to: (1) refer noncapital offenses to summary courts-martial with limits on the punishments that may be imposed; or (2) impose non-judicial admonitions, reprimands, or disciplinary punishment for minor offenses. Requires military chiefs of staff to establish offices to convene general and special courts-martial. Prohibits officers in the chain of command of an accused or a victim from detailing members to serve on a resulting trial by court-martial.

113 S2970 PCS: Military Justice Improvement 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 Calendar No. 611 113th CONGRESS 2d Session S. 2970 IN THE SENATE OF THE UNITED STATES December 2, 2014 Mrs. Gillibrand December 3, 2014 Read the second time and placed on the calendar A BILL To reform procedures for determinations to proceed to trial by court-martial for certain offenses under the Uniform Code of Military Justice, and for other purposes. 1. Short title This Act may be cited as the Military Justice Improvement Act of 2014 2. Modification of authority to determine to proceed to trial by court-martial on charges on certain offenses with authorized maximum sentence of confinement of more than one year (a) Modification of authority (1) In general (A) Military departments With respect to charges under chapter 47 (B) Homeland security With respect to charges under chapter 47 (2) Covered offenses An offense specified in this paragraph is an offense as follows: (A) An offense under chapter 47 (B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (D) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 (3) Excluded offenses Paragraph (1) does not apply to an offense as follows: (A) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice). (B) An offense under section 933 934 (C) A conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (D) A solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 (E) An attempt to commit an offense specified in subparagraph (A) through (D) as punishable under section 880 (4) Requirements and limitations The disposition of charges pursuant to paragraph (1) shall be subject to the following: (A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O–6 or higher who— (i) are available for detail as trial counsel under section 827 (ii) have significant experience in trials by general or special court-martial; and (iii) are outside the chain of command of the member subject to such charges. (B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 section 823 (C) A determination under subparagraph (A) to try charges by court-martial shall include a determination to try all known offenses, including lesser included offenses. (D) The determination to try such charges by court-martial under subparagraph (A), and by type of court-martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court-martial on such charges. (E) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (F) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 section 815 (5) Construction with charges on other offenses Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less. (6) Policies and procedures (A) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this subsection. (B) Uniformity The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (7) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection. (b) Effective date and applicability Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 3. Modification of officers authorized to convene general and special courts-martial (a) In general Subsection (a) of section 822 (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph (8): (8) the officers in the offices established pursuant to section 3(c) of the Military Justice Improvement Act of 2014 or officers in the grade of O–6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard, but only with respect to offenses to which section 2(a)(1) of the Military Justice Improvement Act of 2014 applies; . (b) No exercise by officers in chain of command of accused or victim Such section (article) is further amended by adding at the end the following new subsection: (c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim. . (c) Offices of Chiefs of Staff on courts-Martial (1) Offices required Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) (A) To convene general and special courts-martial under sections 822 823 section 822(a) (B) To detail under section 825 (2) Personnel The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence on the date of the enactment of this Act. 4. Discharge using otherwise authorized personnel and resources (a) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 2 and 3 (and the amendments made by section 3) using personnel, funds, and resources otherwise authorized by law. (b) No authorization of additional personnel or resources Sections 2 and 3 (and the amendments made by section 3) shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. 5. Monitoring and assessment of modification of authorities on courts-martial by independent panel on review and assessment of proceedings under the Uniform Code of Military Justice Section 576(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph (J): (J) Monitor and assess the implementation and efficacy of sections 2 through 4 of the Military Justice Improvement Act of 2014, and the amendments made by such sections. . December 3, 2014 Read the second time and placed on the calendar

Military Justice Improvement Act of 2014

Energy Efficiency Improvement Act of 2015 - Better Buildings Act of 2014 - Requires the General Services Administration (GSA) to: (1) develop and publish model leasing provisions to encourage building owners and tenants to use greater cost-effective energy efficiency and water efficiency measures in commercial buildings, and (2) develop policies and best practices to implement the measures for the realty services provided by the GSA to federal agencies. Amends the Energy Independence and Security Act of 2007 to require the Environmental Protection Agency (EPA) to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants of spaces in commercial buildings that voluntarily achieve high levels of energy efficiency. Authorizes the EPA to develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of leased spaces. Amends the Energy Policy and Conservation Act to prescribe additional energy conservation standards for grid-enabled water heaters for use as part of an electric thermal storage or demand response program, which is a program that enables customers to reduce or shift their power use during peak demand periods. Energy Efficient Government Technology Act - Amends the Energy Independence and Security Act of 2007 to require: (1) each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the EPA to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies; (2) DOE to maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; and (3) DOE to establish an open data initiative to make information about federal data center energy usage available and accessible in a manner that encourages data center innovation, optimization, and consolidation. Requires DOE to maintain, and if necessary create, a database for storing and making available public energy-related information on commercial and multifamily buildings.

113 S2971 IS: Energy Efficiency Improvement Act of 2014 U.S. Senate 2014-12-03 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. 2971 IN THE SENATE OF THE UNITED STATES December 3, 2014 Mrs. Shaheen Mr. Portman Committee on Energy and Natural Resources Committee on Environment and Public Works A BILL To promote energy efficiency, and for other purposes. 1. Short title This Act may be cited as the Energy Efficiency Improvement Act of 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Better Buildings Sec. 101. Short title. Sec. 102. Energy efficiency in Federal and other buildings. Sec. 103. Separate spaces with high-performance energy efficiency measures. Sec. 104. Tenant star program. TITLE II—Grid-enabled water heaters Sec. 201. Grid-enabled water heaters. TITLE III—Energy Efficient Government Technology Sec. 301. Short title. Sec. 302. Energy-efficient and energy-saving information technologies. Sec. 303. Energy efficient data centers. TITLE IV—Energy information for commercial buildings Sec. 401. Energy information for commercial buildings. I Better Buildings 101. Short title This title may be cited as the Better Buildings Act of 2014 102. Energy efficiency in Federal and other buildings (a) Definitions In this section: (1) Administrator The term Administrator (2) Cost-effective energy efficiency measure The term cost-effective energy efficiency measure (3) Cost-effective water efficiency measure The term cost-effective water efficiency measure (b) Model provisions, policies, and best practices (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) Commercial leasing (A) In general The model commercial leasing provisions developed under this subsection shall align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures and cost-effective water efficiency measures to encourage building owners and tenants to collaborate to invest in cost-effective energy efficiency measures and cost-effective water efficiency measures. (B) Use of model provisions The Administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) Publication The Administrator shall periodically publish the model commercial leasing provisions developed under this subsection, including explanatory materials, to encourage building owners and tenants in the private sector to use the provisions and materials. (3) Realty services The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures and cost-effective water efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) State and local assistance The Administrator, in consultation with the Secretary of Energy, shall make available model commercial leasing provisions and best practices developed under this subsection to State, county, and municipal governments for use in managing owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures and cost-effective water efficiency measures. 103. Separate spaces with high-performance energy efficiency measures (a) In General Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 424. Separate spaces with high-performance energy efficiency measures (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Study (1) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of— (A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) Scope The study shall include— (A) descriptions of— (i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participation Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) Publication The Secretary shall publish the study on the website of the Department of Energy. . (b) Clerical Amendment The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001) is amended by inserting after the item relating to section 423 the following: Sec. 424. Separate spaces with high-performance energy efficiency measures. . 104. Tenant star program (a) In General Subtitle B of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17081 et seq. 425. Tenant star program (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Tenant Star The Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a Tenant Star (c) Expanding survey data The Secretary, acting through the Administrator of the Energy Information Administration, shall— (1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on— (A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; (2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect the data and begin to collect the data; and (3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide the data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). (d) Recognition of owners and tenants (1) Occupancy-based recognition Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment— (A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognition After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. . (b) Clerical Amendment The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001) is amended by inserting after the item relating to section 424 (as added by section 103(b)) the following: Sec. 425. Tenant Star program. . II Grid-enabled water heaters 201. Grid-enabled water heaters (a) Energy conservation standards Section 325(e) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(e) (6) Additional standards for grid-enabled water heaters (A) Definitions In this paragraph: (i) Activation lock The term activation lock (ii) Grid-enabled water heater The term grid-enabled water heater (I) has a rated storage tank volume of more than 75 gallons; (II) is manufactured on or after April 16, 2015; (III) has— (aa) an energy factor of not less than 1.061 minus the product obtained by multiplying— (AA) the rated storage volume of the tank, expressed in gallons; and (BB) 0.00168; or (bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); (IV) is equipped at the point of manufacture with an activation lock; and (V) bears a permanent label applied by the manufacturer that— (aa) is made of material not adversely affected by water; (bb) is attached by means of non-water-soluble adhesive; and (cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product. (B) Requirement The manufacturer or private labeler shall provide the activation key for a grid-enabled water heater only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. (C) Reports (i) Manufacturers The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. (ii) Operators The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. (iii) Confidentiality requirements The Secretary shall treat shipment data reported by manufacturers as confidential business information. (D) Publication of information (i) In general In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. (ii) Prevention of product diversion If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of grid-enabled water heaters activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for nonprogram purposes. (E) Compliance (i) In general Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that— (I) grid-enabled water heaters do not require a separate efficiency requirement; or (II) sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of grid-enabled water heaters activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for nonprogram purposes would not be adequate to prevent the product diversion. (ii) Effective date If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). (iii) Consideration In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including any impact on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. (iv) Requirements In carrying out this paragraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective. . (b) Prohibited acts Section 332(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6302(a) (1) in paragraph (5), by striking or (2) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (3) by redesignating the second paragraph (6) as paragraph (7); (4) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting ; or (5) by adding at the end the following: (8) for any person— (A) to activate an activation lock for a grid-enabled water heater with knowledge that the grid-enabled water heater is not used as part of an electric thermal storage or demand response program; (B) to distribute an activation key for a grid-enabled water heater with knowledge that the activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program; (C) to otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that the grid-enabled water heater is not used as part of an electric thermal storage or demand response program; or (D) to knowingly remove or render illegible the label of a grid-enabled water heater described in section 325(e)(6)(A)(ii)(V). . (c) Enforcement Section 333(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6303(a) (1) by striking section 332(a)(5) paragraph (5), (6), (7), or (8) of section 332(a) (2) by striking paragraph (1), (2), or (5) of section 332(a) paragraph (1), (2), (5), (6), (7), or (8) of section 332(a) (d) Injunctive enforcement Section 334 of the Energy Policy and Conservation Act ( 42 U.S.C. 6304 (1) in the first sentence, by striking section 332(a)(5) paragraph (5), (6), (7), or (8) of section 332(a) (2) in the second sentence, by striking section 332(a)(6) section 332(a)(7) III Energy Efficient Government Technology 301. Short title This title may be cited as the Energy Efficient Government Technology Act 302. Energy-efficient and energy-saving information technologies Subtitle C of title V of the Energy Independence and Security Act of 2007 ( Public Law 110–140 530. Energy-efficient and energy-saving information technologies (a) Definitions In this section: (1) Director The term Director (2) Information technology The term information technology section 11101 (b) Development of implementation strategy Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). (c) Administration In developing an implementation strategy under subsection (b), each Federal agency shall consider— (1) advanced metering infrastructure; (2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; (3) advanced power management tools; (4) building information modeling, including building energy management; (5) secure telework and travel substitution tools; and (6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. (d) Performance goals (1) In general Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology. (2) Best practices The Chief Information Officers Council established under section 3603 (A) energy savings performance contracting; and (B) utility energy services contracting. (e) Reports (1) Agency reports Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. (2) OMB government efficiency reports and scorecards Effective beginning not later than October 1, 2015, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section. . 303. Energy efficient data centers Section 453 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112 (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c) through (g) and inserting the following: (c) Stakeholder involvement (1) In general The Secretary and the Administrator shall carry out subsection (b) in consultation with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. (2) Requirements In carrying out paragraph (1), the Secretary and the Administrator shall pay particular attention to organizations that— (A) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; (B) obtain and address input from National Laboratories (as defined in section 3 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 (C) follow— (i) commonly accepted procedures for the development of specifications; and (ii) accredited standards development processes; and (D) have a mission to promote energy efficiency for data centers and information technology. (d) Measurements and Specifications The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department or the Environmental Protection Agency. (e) Study The Secretary, in consultation with the Administrator, shall, not later than 18 months after the date of enactment of the Energy Efficient Government Technology Act, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; (2) an analysis considering the impact of information technologies, including virtualization and cloud computing, in the public and private sectors; (3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and (4) updated projections and recommendations for best practices through fiscal year 2020. (f) Data center energy practitioner program (1) In general The Secretary, in consultation with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. (2) Evaluations Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the data center energy practitioner program and whenever practicable using certified practitioners employed by the agency. (g) Open data initiative (1) In general The Secretary, in consultation with key stakeholders and the Director of the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the energy usage data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. (2) Model In establishing the initiative under paragraph (1), the Secretary shall consider the use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in consultation with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. (i) Data center utilization metric The Secretary, in consultation with key stakeholders, shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). (j) Protection of proprietary information The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section. . IV Energy information for commercial buildings 401. Energy information for commercial buildings (a) Requirement of benchmarking and disclosure for leasing buildings without energy star labels Section 435(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17091(b)(2) (1) by striking paragraph (2) paragraph (1) (2) by striking signing the contract, (A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. (B) (i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces— (I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and (II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph. . (b) Study (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study— (A) on the impact of— (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers— (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with— (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to Congress On completing the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the study. (c) Creation and maintenance of database (1) In general Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary, create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including— (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) Complementary programs The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Energy Star Portfolio Manager tool of the Environmental Protection Agency. (d) Input from stakeholders The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the progress made in complying with this section.

Energy Efficiency Improvement Act of 2014

National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.

113 S2973 IS: National Laboratory Technology Maturation Act of 2014 U.S. Senate 2014-12-04 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. 2973 IN THE SENATE OF THE UNITED STATES December 4, 2014 Mr. Heinrich Committee on Energy and Natural Resources A BILL To establish a grant program to allow National Laboratories to provide vouchers to small business concerns to improve commercialization of technologies developed at National Laboratories and the technology-driven economic impact of commercialization in the regions in which National Laboratories are located, and for other purposes. 1. Short title This Act may be cited as the National Laboratory Technology Maturation Act of 2014 2. Definitions In this Act: (1) National laboratory The term National Laboratory (2) Secretary The term Secretary (3) Small business concern The term small business concern 15 U.S.C. 632 3. Establishment of technology maturation grant program (a) In general The Secretary shall establish the National Laboratory technology maturation program under which the Secretary shall make grants to National Laboratories for the purpose of increasing the successful transfer of technologies licensed from National Laboratories to small business concerns by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. (b) Application for grant from the Secretary (1) In general Each National Laboratory that elects to apply for a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents In an application submitted under this subsection, a National Laboratory shall describe how the National Laboratory will— (A) manage a technology maturation program; (B) encourage small business concerns, with an emphasis on businesses in the region in which the National Laboratory is located, to participate in the technology maturation program; (C) select small business concerns and technologies to participate in the technology maturation program using a selection board (referred to in this section as the selection board (D) measure the results of the program and the return on investment, including— (i) the number of technologies licensed to small business concerns; (ii) the number of new small business concerns created; (iii) the number of jobs created or retained; (iv) sales of the licensed technologies; (v) the change in average salaries paid by the participating small business concerns; and (vi) any additional external investment attracted by participating small business concerns. (c) Maximum grant The maximum amount of a grant received by a National Laboratory under subsection (a) shall be $5,000,000 for each fiscal year. (d) Vouchers to small business concerns from National Laboratories (1) In general A National Laboratory receiving a grant under subsection (a) shall use the grant funds to provide vouchers to small business concerns that hold a technology license from a National Laboratory to pay the cost of providing assistance from scientists and engineers at the National Laboratory to assist in the development of the licensed technology and further develop related products and services until the products and services are market-ready or sufficiently developed to attract private investment. (2) Use of voucher funds A small business concern receiving a voucher under paragraph (1) may use the voucher— (A) to gain access to special equipment or facilities at the National Laboratory that awarded the voucher; (B) to partner with the National Laboratory on a commercial prototype; and (C) to perform early-stage feasibility or later-stage field testing. (3) Eligible projects A National Laboratory receiving a grant under subsection (a) may provide a voucher to small business concerns and partnerships between a small business concern and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (A) involving— (i) commercial prototypes; (ii) scale-up and field demonstrations; or (iii) other activities that move the technology closer to successful commercialization; and (B) that do not exceed 1 year. (4) Application for voucher from National Laboratory Each small business concern that holds a technology license from a National Laboratory that elects to apply for a voucher under paragraph (1) shall submit an application to the selection board at such time, in such manner, and containing such information as the selection board may reasonably require. (5) Criteria The selection board may award vouchers based on— (A) the technological and commercial viability of the project for commercial success; (B) a significant opportunity for new company formation or growth of an existing company in the region in which the National Laboratory is located; (C) access to a strong, experienced business and technical team; (D) clear, market-driven milestones for the project that connect to an ability to leverage matching funds from other sources; (E) a clear path for commercialization; (F) identification of a profitable market; (G) the potential to enhance the technology-driven economy of the region in which the National Laboratory is located; (H) availability and source of matching funds for the project; and (I) compatibility with the mission of the National Laboratory. (6) Maximum voucher The maximum amount of a voucher received by a small business concern under paragraph (1) shall be $250,000. (7) Progress tracking (A) In general The National Laboratory that awards a voucher to carry out a project under paragraph (1) shall establish a procedure to monitor interim progress of the project toward commercialization milestones. (B) Termination of voucher If the National Laboratory determines that a project is not making adequate progress toward commercialization milestones under the procedure established pursuant to subparagraph (A), the project shall not continue to receive funding or assistance under this subsection. 4. Annual report (a) In general Each National Laboratory receiving a grant under section 3 shall submit to the Secretary an annual report, at such time and in such manner as the Secretary may reasonably require. (b) Contents of report The report submitted under subsection (a) shall— (1) include a list of each recipient of a voucher and the amount of each voucher awarded; and (2) provide an estimate of the return on investment, including— (A) the number of technologies licensed to small business concerns; (B) the number of new small business concerns created; (C) the number of jobs created or retained; (D) sales of the licensed technologies; (E) the change in average salaries paid by the participating small business concerns; and (F) any additional external investment attracted by participating small business concerns. 5. Final report Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Science, Space, and Technology of the House of Representatives a report on the results of the program established under section 3, including— (1) the return on investment; and (2) any recommendations for improvements to the program. 6. Authorization of appropriations There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2015 through 2019.

National Laboratory Technology Maturation Act of 2014

Medicare DMEPOS Competitive Bidding Improvement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program. Prohibits the Secretary of Health and Human Services (HHS) from accepting a bid from an entity for an area unless it: (1) meets state licensure requirements for the area for all items in the submitted bid for a product category, and (2) has obtained a bid surety bond of between $50,000 and $100,000 for each such area. Prescribes requirements for the treatment of losing bidders and successful bidders that do not accept a contract.

113 S2975 IS: Medicare DMEPOS Competitive Bidding Improvement Act of 2014 U.S. Senate 2014-12-04 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. 2975 IN THE SENATE OF THE UNITED STATES December 4, 2014 Mr. Portman Mr. Cardin Committee on Finance A BILL To amend title XVIII of the Social Security Act to require State licensure and bid surety bonds for entities submitting bids under the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program, and for other purposes. 1. Short title This Act may be cited as the Medicare DMEPOS Competitive Bidding Improvement Act of 2014 2. Requiring State licensure and bid surety bonds for entities submitting bids under the Medicare DMEPOS competitive acquisition program (a) In general Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) (G) Requiring State licensure and bid bonds for bidding entities With respect to rounds of competitions beginning under this subsection on or after the date of enactment of this subparagraph, the Secretary may not accept a bid from an entity for an area unless, as of the deadline for bid submission— (i) the entity meets applicable State licensure requirements for such area for all items in such bid for a product category; and (ii) the entity has obtained (and provided the Secretary with proof of having obtained) a bid surety bond (in this paragraph referred to as a bid bond (H) Treatment of bid bonds submitted (i) For successful bidders that do not accept the contract In the case of a bidding entity that is offered a contract for an area for a product category, if the entity’s composite bid— (I) is at or below the product category's median composite bid rate for the area and the entity does not accept the contract offered for the product and area, the bid bond submitted shall be forfeited by the bidding entity and the Secretary shall collect on it; or (II) is above such median composite bid rate and the entity chooses not to accept a contract for the product category, the bid bond submitted shall be returned within 90 days of the date of notice of nonacceptance. (ii) For losing bidders If a bidding entity submits a bid that is not accepted for an area, the bid bond submitted for the entity for such area shall be returned within 90 days of the date of notice of nonacceptance. .

Medicare DMEPOS Competitive Bidding Improvement Act of 2014

Derivatives End-Users Clarification Act - Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to revise the treatment of affiliate transactions that may be exempt from clearing requirements to authorize such an exemption only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person that is not a financial entity (as under current law), on the condition that an appropriate credit support measure or other mechanism shall be used if the hedge or mitigation of commercial risk is addressed by entering into: (1) a swap with either a swap dealer or major swap participant, or (2) a security-based swap with a security-based swap dealer or major security-based swap participant. Applies this subtitle only to swaps or security-based swaps entered into after enactment of this Act.

113 S2976 IS: Derivatives End-Users Clarification Act U.S. Senate 2014-12-04 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. 2976 IN THE SENATE OF THE UNITED STATES December 4, 2014 Ms. Collins Ms. Klobuchar Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to specify how clearing requirements apply to certain affiliate transactions, and for other purposes. 1. Short title This Act may be cited as the Derivatives End-Users Clarification Act 2. Treatment of affiliate transactions (a) In general (1) Commodity Exchange Act amendment Section 2(h)(7)(D) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D) (i) In general An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, on the condition that if the hedge or mitigation of that commercial risk is addressed by entering into a swap with a swap dealer or major swap participant, an appropriate credit support measure or other mechanism shall be used. . (2) Securities Exchange Act of 1934 amendment Section 3C(g)(4) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(4) (A) In general An affiliate of a person that qualifies for an exception under this subsection (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, on the condition that if the hedge or mitigation of that commercial risk is addressed by entering into a security-based swap with a security-based swap dealer or major security-based swap participant, an appropriate credit support measure or other mechanism shall be used. . (b) Applicability of credit support measure requirement The requirements of section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) 15 U.S.C. 78c–3(g)(4)(A)

Derivatives End-Users Clarification Act

Ensuring Equal Access to Treatments Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the prospective payment system for hospital outpatient department (OPD) services, to direct the Secretary of Health and Human Services (HHS) to create certain additional groups of covered OPD services that classify separately, from those that do not utilize such a drug, procedures that utilize a drug (other than contrast agents and diagnostic radiopharmaceuticals) that both has a cost above the drug packaging threshold and functions as a supply when used in a diagnostic test or procedure.

113 S2980 IS: Ensuring Equal Access to Treatments Act of 2014 U.S. Senate 2014-12-04 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. 2980 IN THE SENATE OF THE UNITED STATES December 4, 2014 Mr. Menendez Mr. Kirk Mr. Burr Committee on Finance A BILL To amend title XVIII of the Social Security Act to modify payment under the Medicare program for outpatient department procedures that utilize drugs as supplies, and for other purposes. 1. Short title This Act may be cited as the Ensuring Equal Access to Treatments Act of 2014 2. Payment under the Medicare program for outpatient department procedures that utilize drugs as supplies Section 1833(t)(2)(G) of the Social Security Act ( 42 U.S.C. 1395l(t)(2)(G) shall shall— (i) create additional groups of covered OPD services that classify separately those procedures that utilize contrast agents from those that do not; (ii) create and implement, for services furnished after the date of the enactment of this clause and in a budget neutral manner, additional groups of covered OPD services that classify separately those procedures that utilize a drug (other than contrast agents and diagnostic radiopharmaceuticals) that both— (I) has a cost above the drug packaging threshold; and (II) functions as a supply when used in a diagnostic test or procedure; from those that do not; and .

Ensuring Equal Access to Treatments Act of 2014

Secure Data Act of 2014 - Prohibits a federal agency from requiring a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency. Exempt from such prohibition products used by law enforcement agencies for electronic surveillance as authorized under the Communications Assistance for Law Enforcement Act.

113 S2981 IS: Secure Data Act of 2014 U.S. Senate 2014-12-04 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. 2981 IN THE SENATE OF THE UNITED STATES December 4, 2014 Mr. Wyden Committee on Commerce, Science, and Transportation A BILL To prohibit Federal agencies from mandating the deployment of vulnerabilities in data security technologies. 1. Short title This Act may be cited as the Secure Data Act of 2014 2. Prohibition on data security vulnerability mandates (a) In general Except as provided in subsection (b), no agency may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency. (b) Exception Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. (c) Definitions In this section— (1) the term agency section 3502 (2) the term covered product

Secure Data Act of 2014

Perpetual POW/MIA Stamp Act of 2014 - Directs the U.S. Postal Service (USPS) to issue a forever stamp that: (1) honors the sacrifices of the members of the Armed Forces who have been prisoners of war, missing in action, or unaccounted for; and (2) depicts the National League of Families POW/MIA flag.

113 S2982 IS: Perpetual POW/MIA Stamp Act of 2014 U.S. Senate 2014-12-04 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. 2982 IN THE SENATE OF THE UNITED STATES December 4, 2014 Mr. Toomey Committee on Homeland Security and Governmental Affairs A BILL To provide for the issuance of a forever stamp to honor the sacrifices of the brave men and women of the Armed Forces who are still prisoner, missing, or unaccounted for, and for other purposes. 1. Short title This Act may be cited as the Perpetual POW/MIA Stamp Act of 2014 2. Findings Congress finds that— (1) the Department of Defense reports that more than 83,000 servicemembers remain missing since World War II; (2) the United States Government has an obligation to— (A) achieve the fullest possible accounting for the people of the United States who have gone missing while serving the country; and (B) leave no person unaccounted for in future conflicts; (3) in 1982, the National League of Families POW/MIA flag (referred to in this Act as the POW/MIA flag (4) Public Law 101–355, enacted on August 10, 1990, designated the POW/MIA flag as the symbol of our Nation’s concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia (5) the POW/MIA flag should maintain continued visibility as a constant reminder of the plight of the people of the United States who are prisoners of war or missing in action. 3. Perpetual POW/MIA stamp (a) In general In order to continue to honor the sacrifices of the brave men and women of the Armed Forces who have been prisoners of war, missing in action, or unaccounted for, the Postal Service shall issue a forever stamp that— (1) is suitable for that purpose; and (2) depicts the POW/MIA flag. (b) Definition For purposes of this Act, the term forever stamp (1) meets the postage required for first-class mail up to 1 ounce in weight; and (2) retains full validity for the postage described in paragraph (1) even if the rate of that postage is later increased. (c) Effective Date The stamp described in subsection (a) shall be issued beginning as soon as practicable after the date of enactment of this Act and shall not thereafter be discontinued.

Perpetual POW/MIA Stamp Act of 2014