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(This measure has not been amended since it was introduced. The summary of that version is repeated here.) U.S. Merchant Marine Academy Improvement Act of 2014 - Authorizes the Administrator of the Maritime Administration to: accept a gift of money from the U.S. Merchant Marine Academy Alumni Association and Foundation, Inc. in order to renovate Melville Hall on the campus of the U.S. Merchant Marine Academy; and enter into a contract with the Foundation for the Hall's operation. | 113 S2983 ES: U.S. Merchant Marine Academy 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. 113th CONGRESS 2d Session S. 2983 IN THE SENATE OF THE UNITED STATES AN ACT To allow for a contract for operation of Melville Hall of United States Merchant Marine Academy after gift by United States Merchant Marine Academy Alumni Association and Foundation, Inc., for renovation of such hall and for other purposes. 1. Short title This Act may be cited as the U.S. Merchant Marine Academy Improvement Act of 2014 2. Melville Hall of United States Merchant Marine Academy (a) Gift to the Merchant Marine Academy The Maritime Administrator may accept a gift of money from the Foundation under section 51315 of title 46, United States Code, for the purpose of renovating Melville Hall on the campus of the United States Merchant Marine Academy. (b) Covered gifts A gift described in this subsection is a gift under subsection (a) that the Maritime Administrator determines exceeds the sum of— (1) the minimum amount that is sufficient to ensure the renovation of Melville Hall in accordance with the capital improvement plan of the United States Merchant Marine Academy that was in effect on the date of enactment of this Act; and (2) 25 percent of the amount described in paragraph (1). (c) Operation contracts Subject to subsection (d), in the case that the Maritime Administrator accepts a gift of money described in subsection (b), the Maritime Administrator may enter into a contract with the Foundation for the operation of Melville Hall to make available facilities for, among other possible uses, official academy functions, third-party catering functions, and industry events and conferences. (d) Contract terms The contract described in subsection (c) shall be for such period and on such terms as the Maritime Administrator considers appropriate, including a provision, mutually agreeable to the Maritime Administrator and the Foundation, that— (1) requires the Foundation— (A) at the expense solely of the Foundation through the term of the contract to maintain Melville Hall in a condition that is as good as or better than the condition Melville Hall was in on the later of— (i) the date that the renovation of Melville Hall was completed; or (ii) the date that the Foundation accepted Melville Hall after it was tendered to the Foundation by the Maritime Administrator; and (B) to deposit all proceeds from the operation of Melville Hall, after expenses necessary for the operation and maintenance of Melville Hall, into the account of the Regimental Affairs Non-Appropriated Fund Instrumentality or successor entity, to be used solely for the morale and welfare of the cadets of the United States Merchant Marine Academy; and (2) prohibits the use of Melville Hall as lodging or an office by any person for more than 4 days in any calendar year other than— (A) by the United States; or (B) for the administration and operation of Melville Hall. (e) Definitions In this section: (1) Contract The term contract (2) Foundation In this section, the term Foundation (f) Rules of construction Nothing in this section may be construed under section 3105 Passed the Senate December 11, 2014. Secretary | U.S. Merchant Marine Academy Improvement Act of 2014 |
Fort Frederica National Monument Boundary Expansion Act of 2014 - Expands the boundary of the Fort Frederica National Monument on Saint Simon Island, Georgia. Increases the maximum number of acres that may be included in the monument from 250 to 525 acres. | 113 S2987 IS: Fort Frederica National Monument Boundary Expansion 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. 2987 IN THE SENATE OF THE UNITED STATES December 8, 2014 Mr. Chambliss Mr. Isakson Committee on Energy and Natural Resources A BILL To expand the boundary of Fort Frederica National Monument in the State of Georgia, and for other purposes. 1. Short title This Act may be cited as the Fort Frederica National Monument Boundary Expansion Act of 2014 2. Fort Frederica National Monument, Georgia (a) Maximum acreage The first section of the Act of May 26, 1936 ( 16 U.S.C. 433g two hundred and fifty acres 525 acres (b) Boundary expansion (1) In general The boundary of the Fort Frederica National Monument in the State of Georgia is modified to include the land generally depicted as Proposed Acquisition Areas Fort Frederica National Monument Proposed Boundary Expansion (2) Availability of map The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Acquisition of land The Secretary of the Interior may acquire the land and interests in land described in paragraph (1) by donation or purchase with donated or appropriated funds from willing sellers only. | Fort Frederica National Monument Boundary Expansion Act of 2014 |
Regulatory Cost Assessment Act of 2014 - Amends the Congressional Budget Act of 1974 to establish and enforce a federal regulatory budget. Requires the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to submit jointly to the President and Congress an analysis of the cost and economic effects of federal regulations, including recommendations for improvements to the regulatory budgeting process. Requires CBO to submit: (1) a baseline projecting the federal regulatory cost over at least five fiscal years, (2) analysis of the regulatory cost of legislation reported by congressional committees, and (3) look-back reviews comparing CBO estimates with actual costs. Requires a concurrent resolution on the budget to include levels for the federal regulatory cost for at least five fiscal years. Establishes a process for allocating the totals among congressional committees and subcommittees, programs, and major functional categories. Establishes a point of order against legislation that would cause the allocations to be exceeded and specifies requirements for waiving the point of order. Requires the President's budget to include an analysis of the cost of compliance with current and proposed federal regulations and proposals for complying with the levels and allocations established under this Act. Amends the Regulatory Flexibility Act to require agencies to provide additional analysis of the private sector costs for compliance with new regulations. Requires federal agencies and the Government Accountability Office to provide reports and cost estimates for specified regulations. | 113 S2988 IS: Regulatory Cost Assessment Act of 2014 U.S. Senate 2014-12-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2988 IN THE SENATE OF THE UNITED STATES December 8, 2014 Mr. Lee Committee on Homeland Security and Governmental Affairs A BILL To amend the Congressional Budget Act of 1974 to establish a Federal regulatory budget and to impose cost controls on that budget, and for other purposes. 1. Short title This Act may be cited as the Regulatory Cost Assessment Act of 2014 2. Amendments to the Congressional Budget Act of 1974 (a) Federal regulatory budget cost control system Title III of the Congressional Budget Act of 1974 is amended— (1) by inserting before section 300 the following: A General provisions ; and (2) by adding at the end the following new part: B Federal regulatory budget cost control 321. Definitions In this part— (1) the term CBO (2) the term direct cost of Federal regulation (3) the term Federal regulation, rule, statement, or legislation (A) includes any guidance document issued after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 of title 5, United States Code; and (B) does not include a Federal regulation, rule, statement, or legislation applying to— (i) the military; or (ii) agency organization, management, or personnel; (4) the term Federal regulatory cost (A) means all costs incurred by, and expenditures required of, the private sector in complying with any Federal regulation, rule, statement, or legislation; and (B) does not include the value of any benefit under the Federal regulation, rule, statement, or legislation; (5) the term gross domestic product (6) the term OMB (7) the term regulatory baseline 322. OMB–CBO reports Not later than 1 year after the date of enactment of this section, and not later than September 15th of each odd-numbered year thereafter, OMB and CBO shall jointly submit to the President, the Senate, and the House of Representatives a report that includes— (1) a projection of the direct cost of Federal regulation and the Federal regulatory cost for the first fiscal year beginning after the date of the report and at least each of the 4 ensuing fiscal years; (2) a calculation of the estimated direct cost of Federal regulation and Federal regulatory cost as a percentage of the gross domestic product; (3) the reduction in estimated gross domestic product attributable to private sector compliance with all Federal regulations, rules, statements, or legislation; (4) a detailed description of the effect on the economy of the United States of Federal regulations, rules, statements, and legislation, which shall be categorized as relating to— (A) regulation of the economy; (B) security, including homeland security; (C) the environment; (D) health and safety; or (E) the Federal budget; (5) a discussion of the expected reduction in personnel, administrative overhead, and programmatic costs that would be achieved by Federal agencies that issue regulations, rules, or statements with a Federal regulatory cost if the Federal agencies reduced the Federal regulatory cost by 5 percent; and (6) recommendations for budgeting, technical, and estimating changes to improve the Federal regulatory budgeting process. 323. Regulatory baseline (a) In general For the first fiscal year that begins at least 120 days after the date of enactment of this section and for every second fiscal year thereafter, CBO, in consultation with OMB, shall submit to the President, the Senate, and the House of Representatives a regulatory baseline, consisting of a projection of the Federal regulatory cost for the fiscal year and at least each of the 4 ensuing fiscal years. In preparing the projection of the regulatory baseline under this subsection, for the second fiscal year covered under the projection and each fiscal year thereafter, CBO shall adjust the baseline for the estimated growth during that fiscal year in the gross domestic product. (b) Deadlines The CBO shall submit the regulatory baselines required under subsection (a)— (1) for the first regulatory baseline, not later than 30 days after the date of enactment of this section; and (2) for the second regulatory baseline and each regulatory baseline thereafter, not later than September 15 of the fiscal year before the first fiscal year covered under the regulatory baseline. 324. Establishment of level and allocations (a) Establishment of level (1) In general In addition to the requirements under section 301, a concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for the Federal regulatory cost for the fiscal year and for at least each of the 4 ensuing fiscal years. (2) Default total If there is not a level for the Federal regulatory cost that is in effect for a fiscal year under a concurrent resolution on the budget— (A) for the first fiscal year that begins at least 120 days after the date of enactment of this section, the appropriate level for the Federal regulatory cost for the fiscal year shall be the amount of the first regulatory baseline submitted under section 323; and (B) for each fiscal year after the fiscal year described in subparagraph (A), the appropriate level for the Federal regulatory cost for the fiscal year shall be the level for the most recent fiscal year for which such a level was in effect (under subparagraph (A), this subparagraph, or a concurrent resolution on the budget). (b) Allocation of totals (1) In general For the first fiscal year that begins at least 120 days after the date of enactment of this section, and each fiscal year thereafter, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives shall each allocate among each committee of its House and by major functional category the Federal regulatory cost in effect under subsection (a) for such fiscal year and at least each of the 4 ensuing fiscal years. (2) Suballocations As soon as practicable after receiving an allocation under paragraph (1), each committee shall subdivide its allocation among its subcommittees or among programs over which the committee has jurisdiction. (c) Point of order (1) In general It shall not be in order in the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which would cause an allocation or suballocation of the Federal regulatory cost made under subsection (b) for a fiscal year to be exceeded. (2) Waiver A point of order under paragraph (1) may only be waived by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (d) Determinations by budget committees For purposes of this section, the amount of the Federal regulatory cost for a fiscal year and the amount of the Federal regulatory cost of a bill or resolution, or amendment thereto, shall be determined by the Committee on the Budget of the Senate or the Committee on the Budget of the House of Representatives, as the case may be. 325. Analysis of Federal regulatory cost by congressional budget office (a) In general CBO shall prepare for each bill or resolution of a public character reported by any committee of the Senate or the House of Representatives (except the Committee on Appropriations of each House), and submit to such committee— (1) an estimate of the costs which would be incurred by the private sector in carrying out or complying with such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, which shall include a discussion of the methodology used to prepare, and the basis for, each such estimate; and (2) a comparison of the estimate of costs described in paragraph (1) with any available estimates of costs made by such committee or by any Federal agency. (b) Look-Back reviews CBO shall periodically submit to Congress a report that— (1) reviews a sample of laws of a public character for which an estimate was prepared under subsection (a)(1); and (2) compares the estimates of the costs described in paragraphs (1) and (2) of subsection (a) and the actual costs incurred by the private sector in carrying out or complying with the law in the fiscal year in which it took effect and in each of the 4 fiscal years following such fiscal year. . 3. President's annual budget submissions Section 1105(a) (1) by redesignating the second paragraph designated as paragraph (37), relating to outdated or duplicative plans and reports, as added by section 11 of the GPRA Modernization Act of 2010 ( Public Law 111–352 (2) by adding at the end the following: (40) a regulatory authority budget analysis of the Federal regulatory cost (as defined in section 321 of the Congressional Budget Act of 1974) of complying with all current and proposed Federal regulations and proposals for complying with section 324 of the Congressional Budget Act of 1974 for the fiscal year for which the budget is submitted and the 4 fiscal years after that year. . 4. Estimation and disclosure of costs of federal regulation (a) Costs to private sector of new federal regulations Chapter 6 Regulatory Flexibility Act (1) in section 603— (A) in subsection (a), in the second sentence, by inserting before the period the following: and shall discuss in detail whether the cost to businesses of complying with the proposed rule will vary depending on the size of the business and, if so, to what extent the cost will vary and what factors contribute to the variation (B) in subsection (c)— (i) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and adjusting the margin accordingly; (ii) by inserting (1) (c) (iii) by striking Consistent with the (2) The analysis of significant alternatives to the proposed rule shall include a detailed analysis of the costs and benefits of the proposed rule and each alternative, which shall separately address the costs and benefits for each industry. (3) Consistent with the ; and (C) by adding at the end the following: (e) Each initial regulatory flexibility analysis shall also contain a description of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the proposed rule. ; (2) in section 604(a)— (A) in the first paragraph designated as paragraph (6) (relating to minimization of significant economic impacts), by striking and (B) by redesignating the second paragraph (6) (relating to covered agencies), as paragraph (8); and (C) by inserting after paragraph (6) the following: (7) a statement of the nature and amount of monetary costs that will be incurred by small entities, other businesses, and individuals in complying with the rule; and ; and (3) in section 607, by inserting before the period the following: , except that estimates of monetary costs under sections 603(d) and 604(a)(7) shall only be in the form of a numerical description (b) Agency reports Each agency that prepares an initial regulatory flexibility analysis under chapter 6 5. Guidance documents (a) Definitions In this section— (1) the terms agency rule section 551 (2) the term guidance document (b) Limitation on guidance documents An agency may not issue a guidance document unless the agency— (1) issues the guidance document after notice and an opportunity for comment in accordance with the requirements for the promulgation of a rule under chapter 5 (2) before the effective date of the guidance document, submits to Congress a report that— (A) certifies that the guidance document is not a rule; and (B) explains in detail why the guidance document does not satisfy the definition of a rule. 6. Study of nonmajor rules (a) Definitions In this section— (1) the term agency section 551 (2) the term covered guidance document (3) the term covered nonmajor rule (4) the term guidance document (5) the term Federal regulatory cost (6) the term rule section 804 (b) Reports Not later than 120 days after the date of enactment of this Act and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report regarding covered nonmajor rules and covered guidance documents, which shall include, for the 4-year period immediately preceding the report— (1) the number of covered nonmajor rules promulgated; (2) the number of covered nonmajor rules implemented; (3) the number of covered guidance documents developed; (4) the number of covered guidance documents issued; (5) the Federal regulatory cost of each covered nonmajor rule implemented; (6) the Federal regulatory cost of each covered guidance document issued; (7) the aggregate Federal regulatory cost of all covered nonmajor rules implemented; (8) the aggregate Federal regulatory cost of all covered guidance documents issued; and (9) a discussion of any covered nonmajor rule for which an initial regulatory flexibility analysis was prepared under section 603 section 604 | Regulatory Cost Assessment Act of 2014 |
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 - Reauthorizes and revises the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Anadromous Fish Conservation Act, the Interjurisdictional Fisheries Act of 1986, the Atlantic Coastal Fisheries Cooperative Management Act, the Atlantic Striped Bass Conservation Act, the Yukon River Salmon Act of 2000, the Atlantic Tunas Convention Act of 1975, and the High Seas Driftnet Fishing Moratorium Protection Act through FY2021. Reauthorizes the South Pacific Tuna Act of 1988. Reauthorizes the Northwest Atlantic Fisheries Convention Act of 1995 through FY2020. Extends permanently the authority of Washington, Oregon, and California to manage any Dungeness crab fishery that does not have a fishery management plan under the MSA and is in the exclusive economic zone adjacent to the state. Revises the MSA, including by: providing for the role of tribal governments in managing fish, adding subsistence fishing to the types of fishing managed under the Act, giving regional fishery management councils the authority to use alternative fishery management measures in a recreational fishery, providing for the management of depleted fisheries, increasing civil and criminal penalties, establishing a Fisheries Enforcement Fund, and revising requirements governing fishery management plans and regional fishery management councils. | 113 S2991 IS: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 U.S. Senate 2014-12-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2991 IN THE SENATE OF THE UNITED STATES December 9, 2014 Mr. Begich Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to promote sustainable conservation and management for the Nation’s fisheries and the communities that rely on them, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 3. Changes in findings, purposes, and policy. Sec. 4. Definitions. Sec. 5. Authorization of appropriations. TITLE I—Conservation and management Sec. 101. Regional fishery management councils. Sec. 102. Contents of fishery management plans. Sec. 103. Action by the Secretary. Sec. 104. Other requirements and authority. Sec. 105. Prohibited acts. Sec. 106. Penalties. Sec. 107. Enforcement. Sec. 108. Transition to sustainable fisheries. Sec. 109. North Pacific fisheries conservation. Sec. 110. Regional fishery conservation and management authorities. Sec. 111. Summer flounder management. Sec. 112. Study of allocations in mixed-use fisheries. TITLE II—Fishery information, research, and development Sec. 201. Integrated data collection program and electronic technologies. Sec. 202. Capital construction. Sec. 203. Fisheries research. Sec. 204. Improving science. Sec. 205. Focusing assets for improved fisheries outcomes. Sec. 206. Seafood marketing. TITLE III—Reauthorization of other fishery statutes Sec. 301. Anadromous Fish Conservation Act. Sec. 302. Interjurisdictional Fisheries Act of 1986. Sec. 303. Atlantic Coastal Fisheries Cooperative Management Act. Sec. 304. Atlantic Striped Bass Conservation Act. Sec. 305. Yukon River Salmon Act of 2000. Sec. 306. State authority for Dungeness crab fishery management. TITLE IV—International conservation and management Sec. 401. Secretarial representative for international fisheries. Sec. 402. Amendments to Pacific Salmon Treaty Act of 1985. Sec. 403. Reauthorization of Atlantic Tunas Convention Act of 1975. Sec. 404. Reauthorization of the South Pacific Tuna Act of 1988. Sec. 405. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. Sec. 406. Reauthorization of Northwest Atlantic Fisheries Convention Act of 1995. TITLE V—Miscellaneous Sec. 501. Technical amendments. Sec. 502. Pacific insular areas; marine conservation plans. Sec. 503. Repeal of Gulf of Mexico red snapper catch limits. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Changes in findings, purposes, and policy (a) Findings Section 2(a) ( 16 U.S.C. 1801(a) (1) in paragraph (3) by striking at an ever-increasing rate over the past decade (2) in paragraph (6), by inserting and marine ecosystems essential fish habitats (3) in paragraph (11), by striking have demonstrated are demonstrating (4) by redesignating paragraphs (7) through (12) as paragraphs (10) through (15), respectively; (5) by inserting before paragraph (10), as redesignated, the following: (8) By establishing mechanisms, under authority of this Act, for specifying science-based annual catch limits in fishery management plans at levels such that overfishing does not occur in fisheries, including measures to ensure accountability, the Nation’s fishery resources are now being managed sustainably to prevent overfishing and respond quickly if overfishing occurs. (9) It is of critical importance to the health of the Nation’s fishery resources and the coastal communities that depend on them that the United States maintain its progress in preventing overfishing and rebuilding overfished stocks. ; (6) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (7) by inserting after paragraph (3) the following: (4) Subsistence fishing is an integral part of life in many communities throughout the United States, and the Nation’s marine and anadromous fish are important sources of nutrition, sustenance, and the cultural heritage of those communities. . (b) Purposes Section 2(b) ( 16 U.S.C. 1801(b) (1) in paragraph (3), by striking and recreational , recreational, and subsistence (2) in paragraph (5), by striking the State the States, tribal governments, (3) in paragraph (7), by striking the review of projects projects and activities (c) Policy Section 2(c)(3) ( 16 U.S.C. 1801(c)(3) (1) by inserting , tribes, affected States (2) by inserting tribal, State, 4. Definitions (a) In general Section 3 ( 16 U.S.C. 1802 (1) by inserting after paragraph (8) the following: (8A) The terms depleted depletion ; (2) in paragraph (33)(C), by inserting or otherwise depleted overfished (3) in paragraph (36), by inserting , tribal, State, (4) by inserting after paragraph (43) the following: (43A) The term subsistence fishing (A) family (B) barter (i) for another fish or fish part; or (ii) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. ; (5) by inserting after paragraph (44) the following: (44A) The terms tribal tribe 25 U.S.C. 479a ; and (6) by striking (33) The term waters of a foreign nation (51) The term waters of a foreign nation (b) Redesignation Paragraphs (1) through (51) of section 3 ( 16 U.S.C. 1802 (c) Technical and conforming amendments (1) Title 10 Section 7306b(b) defined in section 3(14) defined in section 3 (2) Whale Conservation and Protection Study Act Section 3 of the Whale Conservation and Protection Study Act ( 16 U.S.C. 917a including the fishery conservation zone as defined in section 3(8) including the exclusive economic zone as defined in section 3 (3) Marine Mammal Protection Act of 1972 Section 114(o) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1383a(o) (A) in paragraph (1), by striking section 3(8) section 3 (B) in paragraph (4), by striking section 3(27) section 3 (4) Lacey Act Amendments of 1981 Section 8(b)(2) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3377(b)(2) (A) by striking as defined in paragraph (14) of section 3 as defined in section 3 (B) by striking as defined in paragraph (13) of such section 3 as defined in such section 3 (5) Atlantic Salmon Convention Act of 1982 Section 302 of the Atlantic Salmon Convention Act of 1982 ( 16 U.S.C. 3601 (A) in paragraph (6), by striking in section 3(10) in section 3 (B) in paragraph (8), by striking in section 3(19) in section 3 (6) Atlantic Striped Bass Conservation Act Section 3(6) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5152(6) in section 3(6) in section 3 (7) Compact of Free Association Act of 1985 Section 104(f)(4)(B) of the Compact of Free Association Act of 1985 ( 48 U.S.C. 1904(f)(4)(B) have the same meanings as provided in paragraphs (10) and (14), respectively, of section 3 have the same meanings as provided in section 3 5. Authorization of appropriations (a) In general Section 4 ( 16 U.S.C. 1803 4. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the provisions of this Act— (1) $532,909,000 for fiscal year 2015; (2) $541,167,000 for fiscal year 2016; (3) $549,590,000 for fiscal year 2017; (4) $558,182,000 for fiscal year 2018; (5) $566,946,000 for fiscal year 2019; (6) $575,885,000 for fiscal year 2020; and (7) $584,810,202 for fiscal year 2021. . (b) Conforming amendment The table of contents is amended by inserting after the item relating to section 3 the following: Sec. 4. Authorization of appropriations. . I Conservation and management 101. Regional fishery management councils (a) Voting members Section 302(b)(2) ( 16 U.S.C. 1852(b)(2) (1) in subparagraph (A), by striking or the commercial or recreational harvest or the commercial, recreational, or subsistence fishing harvest (2) in subparagraph (B), by striking in the commercial and recreational fisheries in the commercial, recreational, and subsistence fisheries (3) in subparagraph (C), by striking commercial and recreational fishing interests commercial, recreational, and subsistence fishing interests (4) in subparagraph (D)— (A) in clause (i)— (i) by striking Fisheries Fishery (ii) by inserting or the South Atlantic Fishery Management Council Council (B) by striking clause (iv). (b) Addition of Rhode Island to the Mid-Atlantic Fishery Management Council Section 302(a)(1)(B) ( 16 U.S.C. 1852(a)(1)(B) (1) by inserting Rhode Island, States of (2) by inserting Rhode Island, except North Carolina, (3) by striking 21 23 (4) by striking 13 14 (c) Committees and advisory panels Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) (B) Each scientific and statistical committee shall— (i) provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices; and (ii) carry out the requirements of this subparagraph in a transparent manner, allowing for public involvement in the process. . (d) Functions Section 302(h) ( 16 U.S.C. 1852(h) (1) in paragraph (7)(C), by striking ; and (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) have the authority to use alternative fishery management measures in a recreational fishery (or the recreational component of a mixed-use fishery), including extraction rates, fishing mortality, and harvest control rules, to the extent they are in accordance with the requirements of this Act; and . (e) Webcasts of council meetings Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) (G) Unless closed in accordance with paragraph (3), each Council shall, where practicable, make available on the Internet website of the Council a video or audio webcast of each meeting of the Council and each meeting of the scientific and statistical committee of the Council not later than 30 days after the date of the conclusion of such meeting. . (f) Regional Fishery Management Councils; procedural matters Section 302(i) ( 16 U.S.C. 1852(i) (1) in paragraph (4), by striking or State authorities , State, or tribal authorities (2) in paragraph (6), by striking Federal agency or from a Federal agency, tribal government, or (g) Council training program; training course Section 302(k)(1) ( 16 U.S.C. 1852(k)(1) (1) by striking Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the The (2) in subparagraph (H), by striking ; and (3) in subparagraph (I), by striking the period at the end and inserting ; and (4) by adding at the end the following: (J) ecosystem-based fishery management. . 102. Contents of fishery management plans (a) Required provisions Section 303 ( 16 U.S.C. 1853 (1) in subsection (a)— (A) in paragraph (5), by inserting , and subsistence charter (B) in paragraph (13), by striking and charter fishing sectors charter, and subsistence fishing components (C) in paragraph (14)— (i) by striking each sector each component in the fishery (ii) by striking and charter fishing sectors in the fishery and; charter, and subsistence fishing components in the fishery; and (D) in paragraph (15), by striking establish a mechanism subject to subsection (d), establish a mechanism (2) by adding at the end the following: (d) Limitations (1) In general The requirements under subsection (a)(15) shall not— (A) apply to a species in a fishery that has a mean life cycle of 18 months or less, or to a species in a fishery with respect to which all spawning and recruitment occurs beyond State waters and the exclusive economic zone, unless the Secretary has determined the fishery is subject to overfishing of that species; and (B) limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of this Act. (2) Construction Nothing in this subsection shall be construed to affect any effective date regarding the requirements under subsection (a)(15) otherwise provided for under an international agreement in which the United States participates. . (b) Technical and conforming amendments (1) Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Section 104 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1853 (b) [Reserved]. . (2) Bycatch reduction incentives Section 313(g)(2) ( 16 U.S.C. 1862(g)(2) Notwithstanding section 303(d) Notwithstanding section 303A (3) Gulf of Mexico red snapper research Section 407(b) ( 16 U.S.C. 1883(b) as in effect on December 21, 2000, In addition to the restrictions under section 303(d)(1)(A) (4) Loans and guarantees; eligible purposes of obligations Section 53706(a)(7)(A) section 303(d)(4) section 303A 103. Action by the Secretary (a) Updated agency procedures Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall issue a notice of proposed rulemaking to revise and update agency procedures under the mandate of section 304(i) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(i) (b) Establishment of fees Section 304(d) ( 16 U.S.C. 1854(d) (1) in paragraph (2)(A)— (A) by striking actual costs directly related to net incremental costs attributable to (B) in clause (i), by striking ; and (C) in clause (ii), by striking the period at the end and inserting ; and (D) by adding at the end the following: (iii) management program that allocates a percentage of the total allowable catch to individuals who have formed a sector (for purposes of this subparagraph, as defined in section 648.2 of title 50, Code of Federal Regulations). ; and (2) by adding at the end the following: (3) The Secretary may not collect any fee under this section or section 313(a) before preparing an analysis that identifies the costs that will be recovered by the fee and the costs that will not be recovered by the fee. The analysis shall be included in the applicable fishery management plan. . (c) Rebuilding overfished and depleted fisheries Section 304(e) ( 16 U.S.C. 1854(e) (1) by amending the heading to read as follows: (e) Rebuilding overfished and otherwise depleted fisheries (2) by amending paragraph (1) to read as follows: (1) The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or otherwise depleted, or are approaching a condition of being overfished or otherwise depleted. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing (or depletion, where applicable) specified in the plan or agreement. A fishery shall be classified as approaching a condition of being overfished or otherwise depleted if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished or otherwise depleted within 2 years. ; (3) in paragraph (2), by inserting or otherwise depleted overfished (4) in paragraph (3)(B), by inserting or otherwise depleted overfished (5) by amending paragraph (4)(A) to read as follows: (A) specify a time period for rebuilding the fishery that— (i) shall be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and (ii) except where management measures under an international agreement with the United States participates dictate otherwise, shall not exceed— (I) 10 years, except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise; or (II) the sum of the time in which the affected stock of fish is expected to rebuild to its maximum sustainable yield biomass level in the absence of any fishing mortality, and the mean generation of time of the affected stock of fish, if those time values are the best scientific information available; ; and (6) in paragraph (5), by striking that a fishery is overfished that a fishery is overfished or otherwise depleted (d) International overfishing Section 304 ( 16 U.S.C. 1854 (1) by striking (i) International overfishing (j) International overfishing (2) in subsection (j)(1), as redesignated by paragraph (1) of this subsection, by inserting shall State, (e) Annual report on special funds Section 304 ( 16 U.S.C. 1854 (k) Annual report on special funds (1) Annual report Not later than 30 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report for that fiscal year on— (A) the Western Pacific Sustainable Fisheries Fund established under section 204(e)(7); (B) the Limited Access System Administration Fund established under section 305(h)(5)(B); (C) the North Pacific Fishery Observer Fund established under section 313(d); and (D) the Fisheries Conservation and Management Fund established under section 208(a) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1891b(a) (2) Required information The annual report required under paragraph (1) shall include a detailed accounting of— (A) all moneys in each fund at the start of the fiscal year; (B) all moneys deposited in each fund during the fiscal year; (C) all moneys paid out of each fund during the fiscal year; and (D) all projects, programs, and activities funded by each fund during the fiscal year. . 104. Other requirements and authority (a) Fish habitat Section 305(b) ( 16 U.S.C. 1855(b) (1) in paragraph (3), by inserting or tribal government or State agency (2) in paragraph (4)— (A) by striking from a Council or Federal or State agency from a Council, Federal or State agency, or tribal government (B) by inserting or tribal government by any State or Federal agency (b) Judicial review Section 305(f)(2) ( 16 U.S.C. 1855(f)(2) including, actions that establish the date of closure of a fishery to commercial or recreational fishing including but not limited to actions that establish the date of closure of a fishery to commercial, recreational, or subsistence fishing (c) Consumer information regarding sustainably caught fish Section 305 ( 16 U.S.C. 1855 (l) Sustainability standard (1) In general For the purpose of this Act, fish is sustainability caught if— (A) the fish is harvested in accordance with— (i) a fishery management plan prepared and approved under this Act; or (ii) equivalent conservation and management measures of a State or tribe, or under an international agreement to which the United States is a party, as determined by the Secretary; (B) the fishery from which the fish is harvested is not overfished or otherwise depleted; and (C) overfishing or other depletion is not occurring in the fishery from which the fish is harvested. (2) Rebuilding fisheries A fishery that is subject to a rebuilding plan under this Act, or equivalent conservation and management measures as determined by the Secretary, meets the criteria specified in subparagraphs (B) and (C) of paragraph (1) if the Secretary determines that the plan is effectively rebuilding the fishery. . 105. Prohibited acts Section 307(1) ( 16 U.S.C. 1857(1) (1) in subparagraph (Q), by striking ; or (2) by redesignating subparagraph (R) as subparagraph (S); and (3) by inserting after subparagraph (Q) the following: (R) to knowingly and willfully make or submit any incomplete, invalid, or false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the date or location where harvested) that has been or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce, except where such making or submission is prohibited under subparagraph (I); or . 106. Penalties (a) Civil penalties and permit sanctions Section 308 ( 16 U.S.C. 1858 (1) in subsection (a), by striking $100,000 $180,000 (2) in subsection (f), by inserting or investigation of a violation of this Act under this section (b) Criminal penalties Section 309(b) ( 16 U.S.C. 1859(b) (1) by striking $100,000 $180,000 (2) by striking $200,000 $360,000 107. Enforcement (a) Jurisdiction of the courts (1) In general Section 311(d) ( 16 U.S.C. 1861(d) (d) Jurisdiction of the courts (1) In general The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. Any such court may, at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. . (2) Construction Nothing in this section, or the amendments made by paragraph (1), shall be construed to affect any case or controversy commenced, or any case or controversy pending before a district court of the United States, prior to the date of enactment of this Act. (b) Payment of storage, care, and other costs Section 311(e) ( 16 U.S.C. 1861(e) (1) in paragraph (1)— (A) by striking “Notwithstanding any other provision of law” and inserting In general (B) in subparagraph (E), by striking ; and (C) in subparagraph (F), by striking the period at the end and inserting ; and (D) by adding after subparagraph (F), the following: (G) the costs of stock assessments, surveys, and data collection in fisheries managed under this Act. ; (2) by redesignating paragraph (2) as paragraph (3); (3) in paragraph (3), as redesignated, by striking Any person Liability for costs incurred (4) by inserting after paragraph (1) the following: (2) Fisheries Enforcement Fund There is established in the Treasury a non-interest bearing fund to be known as the Fisheries Enforcement Fund, into which shall be deposited all sums received as described in paragraph (1), which shall remain available to the Secretary until expended as authorized in paragraph (1), without appropriation or fiscal year limitation. . (c) Administrative adjudication Section 311 ( 16 U.S.C. 1861 (1) by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and (2) by inserting after subsection (c) the following: (d) Administrative adjudication (1) In general Notwithstanding section 559 chapter 5 (2) Details If another Federal agency performing adjudicatory functions under paragraph (1) requires the detail of an administrative law judge to perform any of these functions, such Federal agency may request temporary or occasional assistance from the Office of Personnel Management under section 3344 . (d) Repeals Sections 110 and 111 of title I of Division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 16 U.S.C. 1861 (e) Annual report on special funds Section 304(k)(1), as added by section 103(e) of this Act, is amended— (1) in subparagraph (C), by striking ; and (2) in subparagraph (D), by striking the period at the end and inserting ; and (3) by adding at the end the following: (E) the Fisheries Enforcement Fund established under section 311(e)(2). . (f) Conforming amendments (1) Civil forfeitures Section 310 ( 16 U.S.C. 1860 (A) in subsection (b), by striking section 311(d) section 311(e) (B) in subsection (d), by striking section 311(d) subsection 311(e) (2) Enforcement; North Atlantic salmon fishing Section 308 of the Atlantic Salmon Convention Act of 1982 ( 16 U.S.C. 3607 and (d) and (e) 108. Transition to sustainable fisheries (a) Authorization of appropriations Section 312(a)(4) ( 16 U.S.C. 1861a(a)(4) (1) by inserting to carry out this subsection necessary (2) by striking 2007 through 2013 2015 through 2021 (b) Fisheries disaster relief Section 312(a) ( 16 U.S.C. 1861a(a) (1) in paragraph (1), by inserting , a tribe, affected State (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) The Secretary shall make a decision regarding a request under paragraph (1) not later than 90 days after the date the Secretary receives a complete estimate of the economic impact of the fishery resource disaster from the affected State, tribal government, or fishing community. ; and (4) in paragraph (3), as redesignated— (A) by inserting tribe, or by the affected State, (B) by inserting , tribe, with the affected State (C) by striking to assist a fishing community to assist a State, tribe, or fishing community 109. North Pacific fisheries conservation (a) Electronic technologies Section 313 ( 16 U.S.C. 1862 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking jurisdiction except a salmon fishery which jurisdiction, except a salmon fishery, that (B) in paragraph (1), by striking that observers be stationed electronic technologies or observers (C) by amending paragraph (2) to read as follows: (2) establishes a system of fees to pay for the cost of implementing the plan and any integrated data collection program, including electronic technology requirements, established by the Council. ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting placing electronic technologies or stationing observers on (B) in paragraph (2)(E), by inserting actual electronic technology costs or actual observer costs (C) by adding at the end the following: (3) Any system of fees established under this section may vary by fishery, management area, electronic technology, or observer coverage level. . (b) Arctic community development quota Section 313 ( 16 U.S.C. 1862 (k) Arctic community development quota If the North Pacific Fishery Management Council issues a fishery management plan for the exclusive economic zone in the Arctic Ocean, or an amendment to its current Fishery Management Plan for Fish Resources of the Arctic Management Area, that makes available to commercial fishing and establishes a sustainable harvest level for any part of such zone, the North Pacific Fishery Management Council shall set aside not less than 10 percent of the total allowable catch therein as a community development quota for coastal villages north and east of the Bering Strait. . (c) North Pacific bycatch report Section 313 ( 16 U.S.C. 1862 (l) North Pacific bycatch report Not later than 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 . 110. Regional fishery conservation and management authorities (a) In general Title III ( 16 U.S.C. 1851 et seq. (1) in section 313 ( 16 U.S.C. 1862 313. North Pacific fishery conservation and management ; and (2) by inserting after section 313 the following: 313A. Gulf of Mexico fisheries conservation and management At least once every 5 years, the Gulf of Mexico Fishery Management Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the Gulf Council, except that the Gulf Council may delay action for not more than 3 additional 1-year periods if necessary. 313B. South Atlantic Fisheries conservation and management At least once every 5 years, the South Atlantic Fishery Management Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the South Atlantic Council, except that the South Atlantic Council may delay action for not more than 3 additional 1-year periods if necessary. . (b) Conforming amendments The table of contents is amended— (1) by amending the item relating to section 313 to read as follows: 313. North Pacific fishery conservation and management. ; and (2) by inserting after the item relating to section 313, the following: 313A. Gulf of Mexico fisheries conservation and management. 313B. South Atlantic fisheries conservation and management. . 111. Summer flounder management (a) In general Not later than 1 year after the date of the enactment of this Act, the Mid-Atlantic Fishery Management Council shall submit to the Secretary of Commerce, and the Secretary of Commerce may approve, a modified fishery management plan or plan amendment for the commercial and recreational management of summer flounder (Paralichthys dentatus) under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (1) be based on the best scientific information available; (2) reflect changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) consider regional, coast-wide, or other management measures for summer flounder that comply with the National Standards under section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851(a) (4) prohibit the allocation of commercial or recreational catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation with the Commission In preparing the modified fishery management plan or plan amendment as described in subsection (a), the Council shall consult with the Atlantic States Marine Fisheries Commission to ensure consistent management throughout the range of the fishery. (c) Failure To Submit Plan If the Council fails to submit a modified fishery management plan or plan amendment as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and approve such a modified plan or plan amendment. (d) Report Not later than 1 year after the date of the approval of a modified fishery management plan or plan amendment as described in subsection (a), the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the implementation of the modified plan or plan amendment that includes an assessment of whether the implementation complies with the national standards for fishery conservation and management under section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). 112. Study of allocations in mixed-use fisheries (a) Study Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Academy of Sciences to conduct a study— (1) to provide guidance on criteria that could be used for allocating fishing privileges, including consideration of the conservation and socioeconomic benefits of the commercial, recreational, and charter components of a fishery, to a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 (2) to identify sources of information that could reasonably support the use of such criteria in allocation decisions. (b) Report Not later than 1 year after the date the contract is entered into under subsection (a), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the study conducted under subsection (a). II Fishery information, research, and development 201. Integrated data collection program and electronic technologies (a) Sense of Congress It is the sense of Congress that the use of electronic technologies such as digital video cameras and monitors, digital recording systems, and other forms of electronic technology as a complement to, and in some cases a replacement for, observers can maintain, increase, or improve the amount and accuracy of observer and fishery dependent information collected from fisheries while reducing the need for observers and the financial costs and logistical difficulties associated with such observers and paper reporting requirements. (b) Integrated data collection program assessments (1) In general Not later than 2 years after the date of enactment of this Act, the Regional Fishery Management Councils, in consultation with the Secretary of Commerce, shall assess the fishery dependent data needs of the fisheries in the regions and, if necessary to meet those needs, develop recommendations for an integrated data collection program, including appropriate electronic technologies, to gather and analyze data required for fisheries management. (2) Elements of assessments Each assessment required by this subsection shall— (A) identify the fisheries with respect to which the incorporation of electronic technology, as a complement to or replacement for observers, and electronic reporting can decrease costs, improve efficiencies and data accuracy, or ease the logistic constraints posed by observers in the fisheries while continuing to meet the standards and requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (B) specify for each fishery identified which type or types of electronic technology can achieve such cost and efficiency improvements; and (C) outline the system, or systems, of fees required in subsection (c)(3) to support the integrated data collection program. (c) Regional integrated data collection program adoption plans (1) In general Not later than 1 year after receiving the results of the assessments required under subsection (b), the Secretary of Commerce, in consultation with the relevant Regional Fishery Management Council, shall review the relevant assessment for compliance with provisions of this section and shall develop a plan to adopt and implement, with any changes needed based on the compliance review, an integrated data collection program, including the use of electronic technologies, in each of the fisheries identified in the assessment. (2) Elements of plans Each plan developed under this subsection— (A) shall have fishery dependent data collection as its principal purpose; (B) shall include electronic technologies consistent with the assessment required by subsection (b) and the review required by paragraph (1); (C) shall include an estimate of anticipated improvements in cost effectiveness, accuracy of information, and management efficiency for each fishery in the plan; (D) shall include an explanation of why the most cost-effective approach is not being used, if applicable; (E) shall prioritize fishery management plans in each region, to guide development, adoption, and implementation of integrated data collection amendments to such plans; (F) shall set forth an implementation schedule, consistent with the implementation deadline specified in subsection (d), for the development, review, adoption, and implementation of integrated data collection program amendments to fishery management plans; and (G) may be reviewed or amended annually to address changing circumstances or improvements in technology. (3) Integrated data collection program fees The Secretary of Commerce shall establish a system, or systems, of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing each relevant integrated data collection program implemented under this subsection. (4) Council action Not later than 4 years after the date of enactment of this Act, each Regional Fishery Management Council shall amend its fishery management plans as necessary to comply with this subsection. (d) Deadline for implementation Not later than 5 years after the date of enactment of this Act, the Regional Fishery Management Councils and the Secretary of Commerce shall complete implementation of the plans developed under subsection (c), subject to available appropriations. (e) Reviews The relevant Regional Fishery Management Council shall determine a time period for regular review of the integrated data collection program. 202. Capital construction (a) Definitions; eligible and qualified fishery facilities Section 53501 (1) by striking (7) United states foreign trade (11) United States foreign trade (2) by striking (8) Vessel (12) Vessel (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (8), (9), and (10), respectively; (4) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively; (5) by redesignating paragraph (1) as paragraph (2); (6) by inserting before paragraph (2), as redesignated, the following: (1) Agreement fishery facility The term agreement fishery facility ; (7) by inserting after paragraph (2), as redesignated, the following: (3) Eligible fishery facility (A) In general Subject to subparagraph (B), the term “eligible fishery facility” means— (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance described in subclause (I); and (III) equipment that is for use with the structure or appurtenance that is necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in subclause (I); and (IV) a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, aquaculture. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. ; and (8) by inserting after paragraph (6), as redesignated, the following: (7) Qualified fishery facility (A) In general Subject to subparagraph (B), the term qualified fishery facility (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance; and (III) equipment that is for use with the structure or appurtenance and necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and necessary for performing a function described in subclause (I); and (IV) a vessel built in the United States. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. . (b) Eligible fishery facilities (1) Definition of Secretary Section 53501(9)(A) (A) the Secretary of Commerce with respect to— (i) an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; or (ii) an eligible fishery facility or a qualified fishery facility; and . (2) Establishing a capital construction fund Section 53503 (A) in subsection (a)— (i) by inserting or eligible fishery facility eligible vessel (ii) by inserting or fishery facility the vessel (B) in subsection (b)— (i) by striking The purpose of the agreement shall be The purpose of the agreement shall be— (ii) by designating the text that follows after The purpose of the agreement shall be— (iii) in paragraph (1), as designated, by striking United States. United States; or (iv) by adding after paragraph (1), as designated, the following: (2) to provide for the acquisition, construction, or reconstruction of a fishery facility owned by— (A) an individual who is a citizen of the United States; or (B) an entity that is— (i) a citizen of the United States under section 50501; and (ii) at least 75 percent owned by citizens of the United States, as determined under section 50501. . (c) Agreement fishery facilities (1) Deposits and withdrawals Section 53504(b) or an agreement fishery facility agreement vessel (2) Ceiling on deposits Section 53505 (A) in subsection (a)— (i) in paragraphs (1) and (2) of subsection (a), by inserting or agreement fishery facilities agreement vessels (ii) in paragraph (3) by inserting or agreement fishery facility agreement vessel (B) in subsection (b)— (i) by inserting or agreement fishery facility an agreement vessel (ii) by inserting or fishery facility the vessel (d) Qualified fishery facilities (1) Qualified withdrawals Section 53509(a) (A) in paragraph (1), by striking qualified vessel; or qualified vessel, or the acquisition, construction, or reconstruction of a qualified fishery facility; or (B) in paragraph (2), by striking qualified vessel. qualified vessel, or the acquisition, construction, or reconstruction, of a qualified fishery facility. (2) Tax treatment of qualified withdrawals and basis of property Section 53510 (A) in subsections (b) and (c), by striking or container container, or fishery facility (B) in subsection (d), by striking and containers containers, and fishery facilities (3) Tax treatment of nonqualified withdrawals Section 53511(e)(4) or fishery facility vessel (e) Technical amendment Section 53501 trade trade trade 203. Fisheries research (a) Stock assessment plan Section 404 ( 16 U.S.C. 1881c (e) Stock assessment plan (1) In general The Secretary, in consultation with the Councils, shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b), a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act. (2) Contents The plan shall— (A) for each stock of fish for which a stock assessment has previously been conducted— (i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— (I) at least once every 5 years, except a Council may delay action for not more than 3 additional 1-year periods; or (II) within such other time period specified and justified by the Secretary in the plan; (B) for each economically important stock of fish for which a stock assessment has not previously been conducted— (i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of the initial stock assessment not later than 3 years after the date that the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and (C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether that data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions. (3) Waiver of stock assessment requirement Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph (2), a stock assessment shall not be required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies the determination in the Federal Register notice required by this subsection. . (b) Deadline Notwithstanding subsection (e)(1) of section 404 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881c(e)(1) (c) Strategic plan Section 404(b)(5) ( 16 U.S.C. 1881c(b)(5) and affected States, and provide for coordination with the Councils, affected States, and other research entities , affected States, and tribal governments, and provide for coordination with the Councils, affected States, tribal governments, and other research entities 204. Improving science (a) Improving data collection and analysis (1) In general Section 404 ( 16 U.S.C. 1881c (f) Improving data collection and analysis (1) In general The Secretary, in consultation with the scientific and statistical committees of the Councils established under section 302(g), shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions. (2) Content The report under paragraph (1) shall— (A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for purposes of this Act and the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes; (B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); (C) consider the extent to which it is possible to establish a registry of persons providing such information; and (D) consider the extent to which the acceptance and use of data and analysis identified in the report in fishery management decisions is practicable. . (b) Deadline The Secretary of Commerce shall submit the report required under the amendment made by subsection (a) not later than 1 year after the date of enactment of this Act. (c) Information collection; contracting authority Section 402 ( 16 U.S.C. 1881a (1) in subsection (b)(1)(H), by striking including including the Coast Guard's 11 statutory missions under section 888(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(a) (2) in subsection (d), by inserting tribal government, Council 205. Focusing assets for improved fisheries outcomes (a) In general Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) (1) in paragraph (1)— (A) by striking beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957, (B) by striking moneys monies (C) by striking shall be maintained in a separate fund only for shall only be used for the purposes described under subsection (c). (2) by striking paragraph (2). (b) Limitations on bills transferring funds Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) (2) Limitations on bills transferring funds (A) In general It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that reduces any amount in the fund referred to in paragraph (1) in a manner that is inconsistent with such paragraph. (B) Limitation on changes to this paragraph It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise amend this paragraph. (C) Waiver A provision of this paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (D) Appeals An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on the point of order raised under this paragraph. (E) Rules of the Senate and the House of Representatives This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in the House in the case of a bill, resolution, amendment, or conference report under this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . 206. Seafood marketing (a) In general The Secretary of Commerce shall analyze the likely costs and benefits of establishing and administering a seafood marketing program to facilitate fuller realization of the commercial and economic value of U.S. fishery resources. (b) Scope In performing the analysis required by subsection (a), the Secretary shall consider— (1) the impacts of additional investment in seafood marketing for seafood harvesters, processors, growers, and other persons in the United States on— (A) domestic and international markets for U.S. seafood and the competitive position of the United States in those markets; (B) sustainable development and utilization of fishery resources of the United States resulting from promotion, public education, and changes in markets; (C) the ability of seafood harvesters, processors, growers and other persons in the United States to improve— (i) the safety, traceability, quality, marketability, and sustainability of U.S. seafood; and (ii) the coordination of their marketing activities; and (D) education of consumers regarding nutritional and health benefits of seafood; and (2) the feasibility of a seafood marketing program that— (A) is funded by— (i) industry fees; (ii) contributions, donations, or gifts by private or nonprofit organizations; (iii) sums received as fines, penalties, or forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 3371 et seq. (iv) interest generated by the investment of amounts described in clauses (i) through (iii); or (v) any combination of the amounts described in clauses (i) through (iv); and (B) apportions funds annually, on a formula basis, to each State, territory, or possession of the United States that is represented on a Regional Fishery Management Council under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1) (c) Deadline for submission Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall provide the analysis under this section, together with any recommendations the Secretary considers appropriate, in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. III Reauthorization of other fishery statutes 301. Anadromous Fish Conservation Act Section 4 of the Anadromous Fish Conservation Act ( 16 U.S.C. 757d 2007 through 2012 2015 through 2021 302. Interjurisdictional Fisheries Act of 1986 Section 308 of the Interjurisdictional Fisheries Act of 1986 ( 16 U.S.C. 4107 (1) in subsection (a), by striking $5,000,000 $5,000,000 for each of fiscal years 2015 through 2021. (2) in subsection (c), by striking $900,000 for each of fiscal years 2007 through 2012 $1,000,000 for each of fiscal years 2015 through 2021 303. Atlantic Coastal Fisheries Cooperative Management Act Section 811(a) of the Atlantic Coastal Fisheries Cooperative Management Act ( 16 U.S.C. 5108(a) (1) by striking $10,000,000 $13,500,000 (2) by striking 2001 through 2005 2015 through 2021 304. Atlantic Striped Bass Conservation Act Section 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) 2007, 2008, 2009, 2010, 2011 2015 through 2021 305. Yukon River Salmon Act of 2000 Section 208 of the Yukon River Salmon Act of 2000 ( 16 U.S.C. 5727 fiscal years 2007 through 2011 fiscal years 2015 through 2021 306. State authority for Dungeness crab fishery management Section 203 of Public Law 105–384 16 U.S.C. 1856 (1) by striking subsection (i); and (2) by redesignating subsection (j) as subsection (i). IV International conservation and management 401. Secretarial representative for international fisheries (a) In general Title II ( 16 U.S.C. 1821 et seq. 202A. Secretarial representative for international fisheries (a) In general The Secretary, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall designate a senior official who is appointed by the President, by and with the advice and consent of the Senate, to serve as the Secretarial Representative for International Fisheries for the purpose of performing the duties of the Secretary with respect to international agreements involving fisheries and other living marine resources, including the development of policy and representation of the United States as a Commissioner under such international agreements. (b) Advice The Secretarial Representative for International Fisheries shall, in consultation with the Deputy Assistant Secretary for International Affairs and the Administrator of the National Marine Fisheries Service, advise the Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and other senior officials of the Department of Commerce and the National Oceanic and Atmospheric Administration on development of policy on international fishery conservation and management matters. (c) Consultation The Secretarial Representative for International Fisheries shall consult with the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives on matters pertaining to any regional or international negotiation concerning living marine resources. . (b) Repeal Section 408 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891d) and the item relating to that section in the table of contents for that Act are repealed. (c) Conforming amendment The table of contents is amended by inserting after the item relating to section 202 the following: Sec. 202A. Secretarial Representative for International Fisheries. 402. Amendments to Pacific Salmon Treaty Act of 1985 Section 11 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3640 (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following: (c) Compensation of committee on scientific cooperation members Members of the Committee on Scientific Cooperation who are not State or Federal employees shall receive compensation at a rate equivalent to the rate payable for level IV of the Executive Schedule under section 5315 ; and (3) in subsection (e), as redesignated, by striking 71 171 403. Reauthorization of Atlantic Tunas Convention Act of 1975 Section 10 of the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971h (1) in subsection (a)— (A) in paragraph (1), by striking $5,770,000 for each of fiscal years 2007 and 2008 $6,500,000 for each of fiscal years 2015 and 2016 (B) in paragraph (2), by striking $6,058,000 for each of fiscal years 2009 and 2010 $6,500,000 for each of fiscal years 2017 and 2018 (C) in paragraph (3), by striking $6,361,000 for each of fiscal years 2011 and 2013 $6,750,000 for each of fiscal years 2019, 2020, and 2021 (2) in subsection (b)— (A) in paragraph (1), by striking $160,000 $180,000 (B) in paragraph (2), by striking $7,500,000 $4,600,000 404. Reauthorization of the South Pacific Tuna Act of 1988 Section 20(a) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973r(a) (1) in the matter preceding paragraph (1)— (A) by striking for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 (B) by striking Act including— Act. (2) by striking paragraphs (1) and (2). 405. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act (a) Illegal, unreported, or unregulated fishing defined Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(e) (1) in paragraph (2), by striking Within 3 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Not later than 3 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 (2) in paragraph (3)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking agreement. agreement; and (C) by adding at the end the following: (D) to the extent possible— (i) fishing activities conducted by foreign vessels in waters under the jurisdiction of a nation without permission of that nation; and (ii) fishing activities conducted by foreign vessels in contravention of a nation’s laws, including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation’s laws. . (b) Authorization of appropriations; illegal, unreported, or unregulated fishing Section 609(f) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(f) 2007 through 2013 2015 through 2021 (c) Authorization of appropriations; equivalent conservation measures Section 610(f) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(f) 2007 through 2013 2015 through 2021 406. Reauthorization of Northwest Atlantic Fisheries Convention Act of 1995 Section 211 of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5610 2012 2020 V Miscellaneous 501. Technical amendments (a) Magnuson-Stevens Fishery Conservation and Management Act (1) South Pacific Tuna Treaty Section 202(e)(5) ( 16 U.S.C. 1822(e)(5) and it Annexes and its Annexes (2) Regional Fishery Management Councils Section 302 ( 16 U.S.C. 1852 (A) in subsection (a)(1)(F) by striking Federally federally (B) in subsection (b)— (i) in paragraph (2)(C) by striking subsection (k) subsection (j) (ii) in paragraph (5)(A) by striking Federally federally (iii) in paragraph (6) by striking paragraphs paragraph (C) in subsection (h)(5) by striking except as provided in section except as provided in (D) in subsection (i)(3)(B) by striking subpararaph subparagraph (3) Contents of fishery management plans Section 303 ( 16 U.S.C. 1853 (A) in subsection (a)(5)— (i) by striking recreational, recreational, and (ii) by striking processors, processors; (B) in subsection (b) by redesignating paragraph (14) as paragraph (13). (4) Limited access privilege programs Section 303A(c)(4)(A)(v) ( 16 U.S.C. 1853a(c)(4)(A)(v) is its (5) Prohibited acts Section 307(1)(K) ( 16 U.S.C. 1857(1)(K) to to steal to steal (6) Fishing capacity reduction program Section 312(b)(2)(A) ( 16 U.S.C. 1861a(b)(2)(A) federal or state Federal or State (7) North Pacific fisheries conservation Section 313 ( 16 U.S.C. 1862 (A) in subsection (a)(2), by striking or system or systems (B) in subsection (j)(9), by striking section 307(l) section 307(1) (8) Activities under Northwest Atlantic Ocean Fisheries Reinvestment Program Section 314(a)(3) ( 16 U.S.C. 1863(a)(3) subsection (1) paragraph (1) (9) Coordination on seabird interactions Section 316(c) ( 16 U.S.C. 1865(c) Interior the Interior (10) Fishery information Section 401(c)(5) ( 16 U.S.C. 1881(c)(5) subsection section (11) Regional ecosystem research Section 406(f)(1)(A) ( 16 U.S.C. 1882(f)(1)(A) federal, state Federal, State (b) Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Section 104 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1854 (c) High Seas Driftnet Fishing Moratorium Protection Act Section 610(a)(1)(A) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)(1)(A)) is amended by striking practices; practices— (d) Anadromous Fish Conservation Act Section 2 of the Anadromous Fish Conservation Act ( 16 U.S.C. 757b Seretary Secretary (e) Northern Pacific Halibut Act of 1982 The Northern Pacific Halibut Act of 1982 is amended— (1) in section 9(a) ( 16 U.S.C. 773g(a) any an (2) in section 12 ( 16 U.S.C. 773j (A) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and indenting accordingly; and (B) in paragraph (2), as redesignated, by striking section 262(b) section 262b (f) Great Lakes Fishery Act of 1956 The Great Lakes Fishery Act of 1956 is amended— (1) in section 3(a)(1)(B) ( 16 U.S.C. 932(a)(1)(B) a official of (2) in section 8 ( 16 U.S.C. 937 these provisions of title 28, U. S. C., those provisions of title 28, United States Code, (g) South Pacific Tuna Act of 1988 Section 9(h) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973g(h) (1) in paragraph (3), by striking ( 16 U.S.C. 1374(h)(2) ( 16 U.S.C. 1374(h)(2) (2) in the matter following paragraph (3), by striking treaty Treaty (h) Antarctic Marine Living Resources Convention Act of 1984 Section 303(1) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2432(1) 60 degrees south; 50 degrees west 60 degrees south, 50 degrees west (i) Pacific Salmon Treaty Act of 1985 Section 3 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3632 (1) in subsection (a), by striking States of Oregon, or Washington State of Oregon or Washington (2) in subsection (h)(2), by inserting a period after under subsection (a) (j) North Pacific Anadromous Stocks Act of 1992 The North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5001 et seq. (1) in section 803(6) ( 16 U.S.C. 5002(6) North Latitude north latitude (2) in section 809(d)(1)(B) ( 16 U.S.C. 5008(d)(1)(B) If any if any (k) Northwest Atlantic Fisheries Convention Act of 1995 Section 210(5) of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5609(5) Article Articles (l) Yukon River Salmon Act of 1995 The Yukon River Salmon Act of 1995 ( 16 U.S.C. 5701 et seq. (1) in section 704(c) ( 16 U.S.C. 5703(c) subsections (b)(1) and (3) paragraph (1) or (3) of subsection (b) (2) in section 709(c) ( 16 U.S.C. 5708(c) chapter 71 chapter 171 (3) in section 710(2) ( 16 U.S.C. 5709(2) section 262(b) section 262b (m) Yukon River Salmon Act of 2000 Section 206(c) of the Yukon River Salmon Act of 2000 ( 16 U.S.C. 5725(c) chapter 71 chapter 171 (n) Western and Central Pacific Fisheries Convention Implementation Act The Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6901 et seq. (1) in section 502(8) ( 16 U.S.C. 6901(8) Convention Area convention area (2) in section 503 ( 16 U.S.C. 6902 (A) in subsection (d)(1)(C), by striking fashion. fashion, (B) by redesignating subsection (f) as subsection (e); (3) in section 507(a)(7) ( 16 U.S.C. 6906(a)(7) chapter act (4) in section 508 ( 16 U.S.C. 6907 (A) in subsection (a), by striking United States government United States Government (B) in subsection (e)— (i) in the subsection heading, by striking Regulations Regulations (ii) in paragraph (1)(B)(i), by striking that than (iii) in paragraph (3), by striking pursuant under (o) Pacific Whiting Act of 2006 Section 608(c)(4) of the Pacific Whiting Act of 2006 ( 16 U.S.C. 7007(c)(4) United State’s United States 502. Pacific insular areas; marine conservation plans Section 204(e)(4)(A) ( 16 U.S.C. 1824(e)(4)(A) (1) in clause (i), by inserting , in consultation with the Western Pacific Council, Secretary (2) in clause (iii), by striking coastal studies; coastal studies; and (3) by striking clause (iv); and (4) by redesignating clause (v) as clause (iv). 503. Repeal of Gulf of Mexico red snapper catch limits Section 407 ( 16 U.S.C. 1883 | Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 |
Students Before Profits Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to require the Secretary of Education to: (1) use corrected data and information to recalculate the cohort default rates for institutions of higher education (IHEs) that have engaged in default manipulation, and (2) use the recalculated cohort default rates to redetermine whether those IHEs are disqualified from participating in title IV programs. (The cohort default rate represents the percentage of a school's borrowers who begin to repay Federal Family Education Loans [FFELs] or William D. Ford Federal Direct Loans [DLs] in a fiscal year but default on those loans before the end of the second fiscal year following the fiscal year they began repaying them.) Directs the Secretary to establish an Institutional Risk-Sharing Commission to study and make recommendations for the implementation of a new risk-sharing system that holds IHEs that participate in the DL program financially accountable for poor student outcomes. Authorizes the Secretary to: impose a civil penalty on IHEs that engage in certain substantial misrepresentations or other serious HEA violations; impose smaller civil penalties on IHEs that engage in less serious title IV violations; impose employment sanctions and civil penalties against the officer of an IHE who knowingly and willfully, or with gross negligence, violates a title IV provision; limit, suspend, or terminate an IHE's participation in title IV programs for violating a title IV provision or any applicable special arrangement, agreement, or limitation; and take emergency action to withhold funds from an IHE or its students and withdraw the IHE's authority to obligate title IV funds in certain circumstances where immediate action is required to prevent the misuse of federal funds. Provides for the use of the civil penalties to: (1) conduct program reviews and ensure the integrity of IHEs participating or seeking to participate in title IV programs; and (2) finance a Student Relief Fund that is to be used to provide financial relief to any student enrolled in an IHE that fails to comply with the HEA's eligibility requirements or the terms of its title IV program participation agreement or that has been sanctioned pursuant to this Act's penalty provisions. | 113 S2993 IS: Students Before Profits Act U.S. Senate 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2993 IN THE SENATE OF THE UNITED STATES December 10, 2014 Mr. Murphy Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to improve the determination of cohort default rates and provide for enhanced civil penalties, and to authorize the establishment of an institutional risk-sharing commission. 1. Short title This Act may be cited as the Students Before Profits Act 2. Improved determination of cohort default rates Section 435 (20 U.S.C. 1085) is amended— (1) in subsection (a)(2), by adding at the end the following: (E) (i) 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 whether the institution is ineligible to participate in a program under this title. (ii) In this section, the term default manipulation ; and (2) in subsection (m)(3), by striking through the use of through default manipulation. 3. 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 subsection (b)(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 4. Civil penalties Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 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) A knowing and willful misuse of Federal student aid from any source. (C) A violation of section 487(a)(20). (D) A violation of the default manipulation regulations promulgated by the Secretary under section 435(m)(3). (E) Failure to comply with the program review process described in section 498A, including any disclosure requirement described in paragraph (2) or (5) of section 498A(b). (F) A violation of the program integrity regulations promulgated by the Secretary under this Act. (G) 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 under 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 paragraph, 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 (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 subparagraph (A) 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 subsection 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 Students Before Profits 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 5 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 paragraph 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. . | Students Before Profits Act |
Leveling the Playing Field Act - Amends the Tariff Act of 1930 with respect to the administration and enforcement of antidumping (AD) and countervailing duty (CVD) orders. Declares that neither the administering authority (the Secretary of Commerce, or another U.S. officer given the responsibility by law) nor the U.S. International Trade Commission (USITC), as the case may be, is required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if it had complied with a request for information. Specifies circumstances in which neither the administering authority nor the USITC is required to corroborate information, including that relating to any dumping margin or subsidy rate calculated on the basis of it, when the administering authority or the USITC uses an inference adverse to the interests of a party that has failed to cooperate with an investigation, even if the information was submitted by that party in a separate proceeding or a separate segment of the same proceeding. Prescribes requirements for the kinds of subsidy rates or dumping margins used in the relevant proceedings when the administering authority uses an inference adverse to a party's interests. Prescribes additional economic factors for the USITC to evaluate when determining whether imports have caused or threatened material injury to a domestic industry. Requires such factors to be evaluated within the context of the business cycle and conditions of competition that are distinct to the affected industry. Repeals the requirement that, in the course of a review of an AD or CVD order for merchandise a new exporter or producer claims it did not export to the United States, the administering authority direct U.S. Customs and Border Protection (CBP) to allow the importer to post a bond or security in lieu of a cash deposit for each entry of the subject merchandise. Makes an exporter or producer eligible for an individual weighted average dumping margin or individual countervailing duty rate in such a review only if the exporter or producer demonstrates that all its sales of the subject merchandise in the United States, or for exportation to the United States, during the period in question are bona fide and the buyer is not affiliated with that exporter or producer. Directs CBP to require merchandise, upon entry into U.S. customs territory, to be accompanied by any mandatory importer or exporter certification that the merchandise is not subject to a duty because it does not fall within the scope of any AD or CVD order. Prescribes civil and criminal penalties for failure to comply with the requirement. Specifies factors for the administering authority to consider when deciding, in CVD or AD investigations and reviews, whether it would be unduly burdensome to: (1) accept voluntary responses from exporters or producers not initially selected for examination, and so (2) determine not to establish an individual countervailable subsidy rate or an individual weighted average dumping margin for them. Authorizes the administering authority, in valuing the factors of production to determine the normal value of merchandise exported from a nonmarket economy country, to disregard price or cost values if there is reason to believe or suspect that the subject merchandise is being subsidized or dumped, without actually investigating and determining that subsidization or dumping has occurred. Requires the administering authority to take into account, when determining whether a foreign country has a nonmarket economy, to consider the extent to which the country's government enforces and administers its laws, legal and administrative procedures, and other policies in an open and transparent manner that affords all parties, whether foreign or domestic, due process and equal and non-discriminatory treatment. Applies the requirements of this Act to goods from Canada and Mexico. | 113 S2994 IS: Leveling the Playing Field Act U.S. Senate 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2994 IN THE SENATE OF THE UNITED STATES December 10, 2014 Mr. Brown Committee on Finance A BILL To amend the Tariff Act of 1930 to facilitate the administration and enforcement of antidumping and countervailing duty orders, and for other purposes. 1. Short title This Act may be cited as the Leveling the Playing Field Act 2. Consequences of failure to cooperate with a request for information in an investigation Section 776 of the Tariff Act of 1930 ( 19 U.S.C. 1677e (1) in subsection (b)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (B) by striking Adverse Inferences Adverse Inferences (1) In general If ; (C) by striking under this title, may use (A) may use ; and (D) by striking facts otherwise available. Such adverse inference may include (B) is not required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied with the request for information. (2) Adverse inferences An adverse inference under paragraph (1)(A) may include ; (2) in subsection (c)— (A) by striking Corroboration of Secondary Information Corroboration of Secondary Information (1) In general When the ; and (B) by adding at the end the following: (2) Exceptions (A) Information provided by party If the administrative authority or the Commission uses an inference that is adverse to the interests of a party under subsection (b)(1)(A), information provided by that party, including any dumping margin or subsidy rate calculated based on such information, shall not be considered secondary information under this subsection and shall not be subject to corroboration under paragraph (1), even if the information was submitted by that party in a separate proceeding under this title or a separate segment of the same proceeding. (B) Information relating to dumping margins and subsidy rates If the administering authority uses a countervailable subsidy rate or dumping margin in accordance with subsection (d)(1), the administering authority is not required to corroborate information relating to that rate or margin under paragraph (1) if that rate or margin was calculated, in whole or in part, using information— (i) submitted by an interested party described in subparagraph (A) or (B) of section 771(9), and (ii) certified by that interested party as accurate and complete to the best of that interested party's knowledge under section 782(b). ; and (3) by adding at the end the following: (d) Subsidy rates and dumping margins in adverse inference determinations (1) In general If the administering authority uses an inference that is adverse to the interests of a party under subsection (b)(1)(A) in selecting among facts otherwise available, the administering authority may— (A) in the case of a countervailing duty proceeding, use a subsidy rate— (i) calculated with respect to a subsidy program involved in the proceeding that is the same or similar to the subsidy program for which a determination is to be made under this section, or, in the absence of such a program, any other subsidy program involved in the proceeding, (ii) calculated in another countervailing duty proceeding with respect to another subsidy program implemented by the country that is implementing the subsidy program for which a determination is to be made under this section unless the administering authority has evidence that exporters or producers of the subject merchandise could not have used such other subsidy program, or (iii) alleged in a petition filed under section 702(b) that was relied on by the administering authority to initiate the countervailing duty investigation, and (B) in the case of an antidumping duty proceeding, use— (i) a dumping margin based on any individual sale of the subject merchandise calculated with respect to any exporter or producer involved in the proceeding during the investigation or review, (ii) an individual weighted average dumping margin calculated with respect to any exporter or producer involved in the proceeding during the investigation or a review, (iii) any dumping margin alleged in a petition filed under section 732(b) that was relied on by the administering authority to initiate the antidumping duty investigation, or (iv) any dumping margin found in another antidumping duty proceeding with respect to a class or kind of merchandise that is the same or similar to and from the same country as subject merchandise involved in the proceeding. (2) Discretion to apply highest rate The administering authority has the discretion under paragraph (1), in selecting from among facts otherwise available, to apply any of the countervailable subsidy rates or dumping margins specified under that paragraph, including the highest such rate or margin. (3) No obligation to make certain estimates or address certain claims If the administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among facts otherwise available, the administering authority is not required, for purposes of subsection (c) or for any other purpose— (A) to estimate what the countervailable subsidy rate or dumping margin would have been if the interested party found to have failed to cooperate under subsection (b)(1) had cooperated, or (B) to demonstrate that the countervailable subsidy rate or dumping margin used by the administering authority reflects the commercial reality of the interested party. (4) Rule of construction Nothing in this subsection shall be construed to limit the discretion of the administering authority to use any other countervailable subsidy rate or dumping margin not specified in paragraph (1), subject to the corroboration requirements of subsection (c). . 3. Evaluation of impact on domestic industry in determination of material injury Section 771(7)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1677(7)(C) (iii) Impact on affected domestic industry (I) In general In examining the impact required to be considered under subparagraph (B)(i)(III), the Commission shall evaluate all relevant economic factors that have a bearing on the state of the industry in the United States, including— (aa) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity, (bb) factors affecting domestic prices, (cc) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, (dd) actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and (ee) in a proceeding under subtitle B, the magnitude of the margin of dumping. (II) Evaluation of economic factors in context (aa) In general The Commission shall evaluate all relevant economic factors described in subclause (I) within the context of the business cycle and conditions of competition that are distinct to the affected industry. (bb) Industry performance The fact that the performance of the affected industry has improved during the period of investigation shall not preclude a finding of material injury or threat of material injury if the improvement in performance has been affected by imports of the subject merchandise. (III) Effect of recession In the case of an investigation initiated by petition, if the National Bureau of Economic Research or another government agency responsible for business cycle evaluation declares that a recession began at any time during the 3-year period preceding the date on which the petition was filed, the Commission may, if timely requested by an interested party, extend its normal period of investigation to ensure that the period begins at least 365 days before the beginning of the recession to ensure that the condition of the affected industry can be appropriately assessed in relation to the business cycle. . 4. Determination of duties for new exporters and producers based on bona fide United States sales Section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B) (1) by striking clause (iii); (2) by redesignating clause (iv) as clause (iii); and (3) by adding at the end the following: (iv) Bona fide United States sales (I) Eligibility for individual margin or rate An exporter or producer is eligible for an individual weighted average dumping margin or individual countervailing duty rate established in a review conducted under clause (i) only if that exporter or producer demonstrates that all sales of subject merchandise by that exporter or producer in the United States or for exportation to the United States during the period covered by the review are— (aa) bona fide, and (bb) sold to a person that is not affiliated with that exporter or producer. (II) Elements of bona fide determination In determining whether the sales of an exporter or producer in the United States are bona fide for purposes of subclause (I)(aa), the administering authority shall consider, depending on the circumstances surrounding such sales— (aa) the prices of such sales, (bb) whether such sales were made in commercial quantities, (cc) the timing of such sales, (dd) the expenses arising from such sales, (ee) whether the subject merchandise involved in such sales was resold in the United States at a profit, (ff) whether such sales were made on an arms-length basis, and (gg) any other factor the administering authority considers to be relevant with respect to whether such sales are, or are not, likely to be typical of sales the exporter or producer will make after completion of the review. . 5. Requirement that certification by importer and exporter accompany certain merchandise upon entry (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. 784. Requirement that certification by importer and exporter accompany certain merchandise upon entry (a) Requirement (1) In general In any case in which the administering authority requires that a certification described in paragraph (2) accompany imports of merchandise, the Commissioner responsible for U.S. Customs and Border Protection (in this section referred to as the Commissioner (2) Certification described A certification described in this paragraph is a certification, as required by the administering authority, by the importer or exporter of the merchandise that the merchandise is not subject to a duty under this title because the merchandise does not fall within the scope of any antidumping or countervailing duty order. (b) Authority To assess highest rate of duty If a certification described in paragraph (2) of subsection (a) is required to accompany the merchandise upon entry into the customs territory of the United States pursuant to paragraph (1) of that subsection, and that certification does not accompany the merchandise or a certification that contains any materially false, fictitious, or fraudulent statement or representation or any material omission accompanies the merchandise, the merchandise shall be liquidated or reliquidated at the highest rate of antidumping or countervailing duty applicable to the merchandise. (c) Penalties If a certification described in paragraph (2) of subsection (a) is required to accompany the merchandise upon entry into the customs territory of the United States pursuant to paragraph (1) of that subsection, and that certification does not accompany the merchandise or a certification that contains any materially false, fictitious, or fraudulent statement or representation or any material omission accompanies the merchandise, the importer of the merchandise may be subject to a penalty pursuant to section 592 of this Act, section 1001 of title 18, United States Code, or any other applicable provision of law. . (b) Clerical amendment The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: Sec. 784. Requirement that certification by importer and exporter accompany certain merchandise upon entry. . 6. Reduction in burden on Department of Commerce by reducing the number of voluntary respondents Section 782(a) of the Tariff Act of 1930 ( 19 U.S.C. 1677m(a) (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (3) by striking Investigations and Reviews Investigations and Reviews (1) In general In ; (4) in paragraph (1), as designated by paragraph (3), by amending subparagraph (B), as redesignated by paragraph (2), to read as follows: (B) the number of exporters or producers subject to the investigation or review is not so large that any additional individual examination of such exporters or producers would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation or review. ; and (5) by adding at the end the following: (2) Determination of unduly burdensome In determining if an individual examination under paragraph (1)(B) would be unduly burdensome, the administering authority may consider the following: (A) The complexity of the issues or information presented in the proceeding, including questionnaires and any responses thereto. (B) Any prior experience of the administering authority in the same or similar proceeding. (C) The total number of investigations under subtitle A or B and reviews under section 751(a) being conducted by the administering authority as of the date of the determination. (D) The availability of staff and other resources considered necessary by the administering authority for the timely and accurate completion of each such investigation and review. (E) Such other factors relating to the timely and accurate completion of each such investigation and review as the administering authority considers appropriate. . 7. Clarification of discretion of Secretary of Commerce to disregard certain price or cost values in calculation of normal value Section 773(c) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(c) (5) Discretion to disregard certain price or cost values In valuing the factors of production under paragraph (1) for the subject merchandise, the administering authority may disregard price or cost values if the administering authority has reason to believe or suspect that the subject merchandise is being subsidized or dumped, without investigating and determining that subsidization or dumping has occurred. . 8. Clarification of factors for determining whether a country is a nonmarket economy country Section 771(18)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18)(B) (1) in clause (v), by striking and (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: (vi) the extent to which the government of the foreign country enforces and administers its laws, legal and administrative procedures, and other policies in an open and transparent manner that affords all parties, whether foreign or domestic, due process and equal and non-discriminatory treatment under those laws, procedures, and policies, and . 9. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 | Leveling the Playing Field Act |
Clean Water Compliance and Affordability Act - Requires the Environmental Protection Agency (EPA) to carry out a pilot program to work with and facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by EPA in May 2012. Directs the EPA to select at least 15 municipalities to participate in the program. Sets forth eligibility and selection factors. Prescribes standards for approval of a municipality's integrated plan under the pilot program. Allows priority to be given to municipalities seeking to develop and implement approaches that adapt to changed or future uncertain circumstances. Authorizes the EPA to: (1) extend the allowable national pollutant discharge elimination system permit term to a maximum of 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches. | 113 S2995 IS: Clean Water Compliance and Affordability Act U.S. Senate 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2995 IN THE SENATE OF THE UNITED STATES December 10, 2014 Mr. Brown Mr. Portman Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to work with municipalities that are seeking to develop and implement integrated plans to meet wastewater and stormwater obligations under the Federal Water Pollution Control Act, and for other purposes. 1. Short title This Act may be cited as the Clean Water Compliance and Affordability Act 2. Integrated municipal stormwater and wastewater approach framework (a) In general In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (b) Framework The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency and dated May 2012. (c) Selection of eligible municipalities (1) In general The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not less than 15 eligible municipalities to participate in the pilot program. (2) Eligible municipality An eligible municipality is a county, city, town, township, or subdivision of a State or local government that— (A) qualifies as a National Pollutant Discharge Elimination System permit holder or designee; or (B) is a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (3) Selection factors (A) In general In selecting the eligible municipalities to participate in the pilot program, the Administrator shall give priority to— (i) eligible municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (ii) eligible municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from wastewater and stormwater facilities of the eligible municipalities; and (iii) eligible municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. (B) Use of adaptive management approaches In selecting eligible municipalities to participate in the pilot program, the Administrator may give priority to an eligible municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances, including, at a minimum— (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (d) Approval of integrated plans (1) In general In approving the integrated plan of an eligible municipality under the pilot program established under subsection (a), the Administrator shall— (A) account for the financial capability of the eligible municipality to adequately address the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) that apply to the eligible municipality; (B) prioritize the obligations of the eligible municipality under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (C) account for the maintenance, operational, and regulatory obligations of the eligible municipality; and (D) enable the eligible municipality to implement innovative and flexible approaches to meet the obligations of the eligible municipality under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (2) Additional authorities In carrying out the pilot program established under subsection (a), the Administrator may, in full coordination and mutual agreement with an eligible municipality selected to participate in the pilot program— (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (B) modify the implementation terms of a consent decree entered into by the eligible municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Report to Congress Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall submit to Congress a report on the results of the pilot program established under subsection (a), including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (1) eligible municipalities participating in the pilot program; and (2) eligible municipalities that are similarly situated but not participating in the pilot program. | Clean Water Compliance and Affordability Act |
Child and Dependent Care FSA Enhancement Act - Amends the Internal Revenue Code to increase to $7,500 the amount of employer-provided dependent care assistance that an employee may exclude from gross income. Allows an annual inflation adjustment to such increased amount after 2015. | 113 S2997 IS: Child and Dependent Care FSA Enhancement Act U.S. Senate 2014-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2997 IN THE SENATE OF THE UNITED STATES December 10, 2014 Mr. Burr Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the exclusion for employer-provided dependent care assistance. 1. Short title This Act may be cited as the Child and Dependent Care FSA Enhancement Act 2. Increase in exclusion for employer-provided dependent care assistance (a) In general Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking $5,000 ($2,500 $7,500 (half such dollar amount (b) Inflation adjustment Paragraph (2) of section 129(a) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2015, the $7,500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 calendar year 1992 Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014. | Child and Dependent Care FSA Enhancement Act |
Expanding School Choice Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to allocate school improvement grant funds among their local educational agencies (LEAs) on the basis of the number of children aged 5 through 17 whose family income lies below the federal poverty level and who are enrolled in the public and state-accredited private schools within each LEA's geographic jurisdiction. | 113 S2998 : Expanding School Choice Act U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2998 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To allow for the portability of funds under title I of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Expanding School Choice Act 2. Title I portability Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of this title or any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this part among the local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local educational agency and the State-accredited private schools within each local educational agency’s geographic jurisdiction. (b) Eligible child (1) Definition In this section, the term eligible child (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public and private schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and the State-accredited private schools within the local educational agency’s geographic jurisdiction. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools within the local educational agency’s geographic jurisdiction— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this subpart, and not to supplant such funds. . | Expanding School Choice Act |
Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: reauthorize such Act for FY2015-FY2019; include as one of the purposes of such Act the support of a trauma-informed continuum of programs to address the needs of at-risk youth and youth who come into contact the the justice system; require states to implement plans to ensure fairness and reduce racial and ethnic disparities in the detention of juveniles; enhance requirements for separating juveniles from sight or sound contact with adult lock-ups; terminate, three years after the enactment of this Act, the authority of a court to issue an order detaining juveniles who have not been charged with adult criminal offenses (status offenders) in secure detention or correctional facilities ; require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to report annually on policies and procedures to eliminate dangerous practices and unreasonable use of restraints in the detention of juveniles; expand requirements for state plans for juvenile justice and delinquency prevention to include community-based alternatives to the detention of juveniles in correctional facilities; provide technical assistance to states and local governments for achieving compliance with the requirements of this Act; and authorize the Administrator to make incentive grants to states and local governments to increase the use of evidence-based or promising prevention and intervention programs for juveniles who enter the criminal justice system and for the recruitment and training of professional personnel. Amends the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 to include mentoring programs in delinquency prevention grant programs. Requires the Comptroller General (GAO) to conduct: (1) a comprehensive evaluation of the performance of the Office of Juvenile Justice and Delinquency Prevention; and (2) a comprehensive audit and evaluation of selected grant recipients, including a review of internal controls to prevent fraud, waste, and abuse. Requires states, as a condition of receiving juvenile accountability block grants, to provide assurances of compliance with the core requirement of the Juvenile Justice and Delinquency Prevention Act of 1974 applicable to the detention and confinement of juveniles. | 113 S2999 IS: Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2999 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Whitehouse Mr. Grassley Committee on the Judiciary A BILL To reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes. 1. Short title This Act may be cited as the Juvenile Justice and Delinquency Prevention Reauthorization 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—Declaration of purpose and definitions Sec. 101. Purposes. Sec. 102. Definitions. TITLE II—Juvenile justice and delinquency prevention Sec. 201. Concentration of Federal efforts. Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention. Sec. 203. Annual report. Sec. 204. Allocation of funds. Sec. 205. State plans. Sec. 206. Authority to make grants. Sec. 207. Grants to Indian tribes. Sec. 208. Research and evaluation; statistical analyses; information dissemination. Sec. 209. Training and technical assistance. Sec. 210. Incentive grants for State and local programs. Sec. 211. Administrative authority. Sec. 212. Technical and conforming amendments. TITLE III—Incentive grants for local delinquency prevention programs Sec. 301. Definitions. Sec. 302. Grants for delinquency prevention programs. Sec. 303. Technical and conforming amendment. TITLE IV—Miscellaneous provisions Sec. 401. Evaluation by Government Accountability Office. Sec. 402. Authorization of appropriations. Sec. 403. Accountability and oversight. TITLE V—Juvenile accountability block grants Sec. 501. Grant eligibility. I Declaration of purpose and definitions 101. Purposes Section 102 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5602 (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) to support a trauma-informed continuum of programs (including delinquency prevention, intervention, mental health and substance abuse treatment, and aftercare) to address the needs of at-risk youth and youth who come into contact with the justice system. . 102. Definitions Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 (1) in paragraph (8), by amending subparagraph (C) to read as follows: (C) an Indian tribe; or ; (2) by amending paragraph (18) to read as follows: (18) the term Indian tribe 25 U.S.C. 479a ; (3) in paragraph (22), by striking or confine adults or confine adult inmates; (4) by amending paragraph (25) to read as follows: (25) the term sight or sound contact ; (5) by amending paragraph (26) to read as follows: (26) the term adult inmate (A) means an individual who— (i) has reached the age of full criminal responsibility under applicable State law; and (ii) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; and (B) does not include an individual who— (i) at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and (ii) was committed to the care and custody of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law; ; (6) in paragraph (28), by striking and (7) in paragraph (29), by striking the period at the end and inserting a semicolon; and (8) by adding at the end the following: (30) the term core requirements (31) the term chemical agent (32) the term isolation (A) means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and (B) does not include confinement during regularly scheduled sleeping hours, or for not more than 1 hour during any 24-hour period in the room or cell in which the youth usually sleeps, protective confinement (for injured youths or youths whose safety is threatened), separation based on an approved treatment program, confinement that is requested by the youth, or the separation of the youth from a group in a nonlocked setting for the purpose of calming; (33) the term restraints 42 U.S.C. 290ii (34) the term evidence-based (A) is based on a clearly articulated and empirically supported theory; (B) has measurable outcomes, including a detailed description of what outcomes were produced in a particular population; and (C) has been scientifically tested, optimally through randomized control studies or comparison group studies; (35) the term promising (36) the term dangerous practice (37) the term screening (A) designed to identify youth who may have mental health or substance abuse needs requiring immediate attention, intervention, and further evaluation; and (B) the purpose of which is to quickly identify a youth with a possible mental health or substance abuse need in need of further assessment; (38) the term assessment (A) by a mental health or substance abuse professional who meets the criteria of the applicable State for licensing and education in the mental health or substance abuse field; and (B) which is designed to identify significant mental health or substance abuse treatment needs to be addressed during a youth's confinement; (39) the term contact (40) the term trauma-informed (A) understanding the impact that exposure to violence and trauma have on a youth’s physical, psychological, and psychosocial development; (B) recognizing when a youth has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma; and (C) responding by helping in ways that reflect awareness of the adverse impacts of trauma; and (41) the term racial and ethnic disparity . II Juvenile justice and delinquency prevention 201. Concentration of Federal efforts Section 204(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended— (1) in paragraph (1), in the first sentence— (A) by striking a long-term plan, and implement a long-term plan to improve the juvenile justice system in the United States, taking into account scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents, and shall implement (B) by striking research, and improvement of the juvenile justice system in the United States and research (2) in paragraph (2)(B), by striking Federal Register Federal Register during the 30-day period ending on October 1 of each year. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5616 (1) in subsection (a)(1)— (A) by inserting the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Health and Human Services, (B) by striking Commissioner of Immigration and Naturalization Assistant Secretary for Immigration and Customs Enforcement (2) in subsection (c)— (A) in paragraph (1), by striking paragraphs (12)(A), (13), and (14) of section 223(a) of this title the core requirements (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , on an annual basis collectively (ii) by striking subparagraph (B) and inserting the following: (B) not later than 120 days after the completion of the last meeting of the Council during any fiscal year, submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report that— (i) contains the recommendations described in subparagraph (A); (ii) includes a detailed account of the activities conducted by the Council during the fiscal year, including a complete detailed accounting of expenses incurred by the Council to conduct operations in accordance with this section; (iii) is published on the websites of the Department of Justice and the Council; and (iv) is in addition to the annual report required under section 207. . 203. Annual report Section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5617 (1) in the matter preceding paragraph (1), by striking a fiscal year each fiscal year (2) in paragraph (1)— (A) in subparagraph (B), by inserting , ethnicity, race (B) in subparagraph (E), by striking and (C) in subparagraph (F)— (i) by inserting and other disabilities, (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (G) a summary of data from 1 month of the applicable fiscal year of the use of restraints and isolation upon juveniles held in the custody of secure detention and correctional facilities operated by a State or unit of local government; (H) the number of juveniles released from custody and the type of living arrangement to which each such juvenile was released; (I) the number of status offense cases petitioned to court (including a breakdown by type of offense and disposition), number of status offenders held in secure detention, the findings used to justify the use of secure detention, and the average period of time a status offender was held in secure detention; (J) the number of pregnant juveniles held in the custody of secure detention and correctional facilities operated by a State or unit of local government; and (K) the number of juveniles whose offenses originated on school grounds, during off-campus activities, or due to a referral by any school official. ; and (3) by adding at the end the following: (5) A description of the criteria used to determine what programs qualify as evidence-based and promising programs under this title and title V and a comprehensive list of those programs the Administrator has determined meet such criteria. (6) A description of funding provided to Indian tribes under this Act, or under the Tribal Law and Order Act of 2010 ( Public Law 111–211 (7) An analysis and evaluation of the internal controls at the Office of Juvenile Justice and Delinquency Prevention to determine if grantees are following the requirements of the Office of Juvenile Justice and Delinquency Prevention grant programs and what remedial action the Office of Juvenile Justice and Delinquency Prevention has taken to recover any grant funds that are expended in violation of the grant programs, including instances in which— (A) supporting documentation was not provided for cost reports; (B) unauthorized expenditures occurred; or (C) subrecipients of grant funds were not compliant with program requirements. (8) An analysis and evaluation of the total amount of payments made to grantees that the Office of Juvenile Justice and Delinquency Prevention recouped from grantees that were found to be in violation of policies and procedures of the Office of Juvenile Justice and Delinquency Prevention grant programs, including— (A) the full name and location of the grantee; (B) the violation of the program found; (C) the amount of funds sought to be recouped by the Office of Juvenile Justice and Delinquency Prevention; and (D) the actual amount recouped by the Office of Juvenile Justice and Delinquency Prevention. . 204. Allocation of funds (a) Technical assistance Section 221(b)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1)) is amended by striking 2 percent 5 percent (b) Other allocations Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5632 (1) in subsection (a)— (A) in paragraph (1), by striking age eighteen 18 years of age, based on the most recent census (B) by striking paragraphs (2) and (3) and inserting the following: (2) (A) If the aggregate amount appropriated for a fiscal year to carry out this title is less than $75,000,000, then— (i) the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $400,000; and (ii) the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands for that fiscal year shall be not less than $75,000. (B) If the aggregate amount appropriated for a fiscal year to carry out this title is not less than $75,000,000, then— (i) the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $600,000; and (ii) the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands for that fiscal year shall be not less than $100,000. ; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: (c) (1) If any amount allocated under subsection (a) is withheld from a State due to noncompliance with the core requirements, the funds shall be reallocated for an improvement grant designed to assist the State in achieving compliance with the core requirements. (2) The Administrator shall condition a grant described in paragraph (1) on the State— (A) with the approval of the Administrator, developing specific action steps designed to restore compliance with the core requirements; and (B) semiannually submitting to the Administrator a report on progress toward implementing the specific action steps developed under subparagraph (A). (3) The Administrator shall provide appropriate and effective technical assistance directly or through an agreement with a contractor to assist a State receiving an improvement grant described in paragraph (1) in achieving compliance with the core requirements. ; (4) in subsection (d), as redesignated, by striking efficient administration, including monitoring, evaluation, and one full-time staff position effective and efficient administration, including the designation of not less than 1 person to coordinate efforts to achieve and sustain compliance with the core requirements (5) in subsection (e), as redesignated, by striking 5 per centum of the minimum not more than 5 percent of the 205. State plans Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking and shall describe the status of compliance with State plan requirements. shall describe the status of compliance with State plan requirements, and shall describe how the State plan is supported by or takes account of scientific knowledge regarding adolescent development and behavior and regarding the effects of delinquency prevention programs and juvenile justice interventions on adolescents. Not later than 30 days after the date on which a plan or amended plan submitted under this subsection is finalized, a State shall make the plan or amended plan publicly available by posting the plan or amended plan on the State’s publicly available website. (B) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (i), by inserting adolescent development, concerning (II) in clause (ii)— (aa) in subclause (II), by striking counsel for children and youth publicly supported court-appointed legal counsel for children and youth charged in delinquency matters (bb) in subclause (III), by striking mental health, education, special education children's mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities (cc) in subclause (V), by striking delinquents or potential delinquents delinquent youth or youth at risk of delinquency (dd) in subclause (VII), by striking and (ee) by redesignating subclause (VIII) as subclause (XI); (ff) by inserting after subclause (VII) the following: (VIII) the executive director or the designee of the executive director of a public or nonprofit entity that is located in the State and receiving a grant under part A of title III; (IX) persons with expertise and competence in preventing and addressing mental health and substance abuse needs in juvenile delinquents and those at-risk of delinquency; (X) representatives of victim or witness advocacy groups; and ; and (gg) in subclause (XI), as so redesignated, by striking disabilities and other disabilities, truancy reduction, school failure (III) in clause (iv), by striking 24 at the time of appointment 28 (ii) in subparagraph (D)(ii), by striking requirements of paragraphs (11), (12), and (13) core requirements (iii) in subparagraph (E)(i), by adding and (C) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking section 222(d) section 222(e) (ii) in subparagraph (C), by striking Indian tribes applicable to the detention and confinement of juveniles Indian tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juveniles (D) in paragraph (7)— (i) in subparagraph (A), by striking performs law enforcement functions has jurisdiction (ii) in subparagraph (B)— (I) by striking clause (i) and inserting the following: (i) a plan for ensuring that the chief executive officer of the State, State legislature, and all appropriate public agencies in the State with responsibility for provision of services to children, youth, and families are informed of the requirements of the State plan and compliance with the core requirements; ; (II) in clause (iii), by striking and (III) by striking clause (iv) and inserting the following: (iv) a plan to provide alternatives to detention, including diversion to home-based or community-based services that are culturally and linguistically competent or treatment for those youth in need of mental health, substance abuse, or co-occurring disorder services at the time such juveniles first come into contact with the juvenile justice system; (v) a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs; (vi) a plan to engage family members, where appropriate, in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement; and (vii) a plan to use community-based services to address the needs of at-risk youth or youth who have come into contact with the juvenile justice system; ; (E) in paragraph (8), by striking existing evidence-based and promising (F) in paragraph (9)— (i) in the matter preceding subparagraph (A)— (I) by striking section 222(d) section 222(e) (II) by striking used for— used for evidence-based and trauma-informed— (ii) in subparagraph (A)(i), by inserting status offenders and other youth who need (iii) in subparagraph (B)(i)— (I) by striking parents and other family members status offenders, other youth, and the parents and other family members of such offenders and youth (II) by striking be retained remain (iv) by redesignating subparagraphs (G) through (S) as subparagraphs (H) through (T), respectively; (v) in subparagraph (F), in the matter preceding clause (i), by striking expanding programs to expand (vi) by inserting after subparagraph (F), the following: (G) expanding access to publicly supported, court-appointed legal counsel and enhancing capacity for the competent representation of every child; ; (vii) in subparagraph (M), as so redesignated— (I) in clause (i), by striking restraints alternatives (II) in clause (ii), by striking by the provision (viii) in subparagraph (S), as so redesignated, by striking the and (ix) in subparagraph (T), as so redesignated, by striking the period at the end and inserting a semicolon; and (x) by inserting after subparagraph (T) the following: (U) programs and projects designed to inform juveniles of the opportunity and process for expunging juvenile records and to assist juveniles in pursuing juvenile record expungements for both adjudications and arrests not followed by adjudications; and (V) programs that address the needs of girls in or at risk of entering the juvenile justice system, including young mothers, survivors of commercial sexual exploitation or domestic child sex trafficking, girls with disabilities, and girls of color, including girls who are members of an Indian tribe; ; (G) in paragraph (11)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting and individuals under 18 years of age who are charged with or who have committed an offense of purchase or public possession of any alcoholic beverage by an adult (II) in the matter following clause (iii), by striking and (ii) in subparagraph (B), by adding and (iii) by adding at the end the following: (C) encourage the use of community-based alternatives to secure detention, including programs of public and nonprofit entities receiving a grant under part A of title III; ; (H) in paragraph (12)(A), by striking contact sight or sound contact (I) in paragraph (13), by striking contact sight or sound contact (J) by striking paragraph (22); (K) by redesignating paragraphs (23) through (28) as paragraphs (24) through (29), respectively; (L) by redesignating paragraphs (14) through (21) as paragraphs (16) through (23), respectively; (M) by inserting after paragraph (13) the following: (14) require that— (A) not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 (i) shall not have sight or sound contact with adult inmates; and (ii) except as provided in paragraph (13), may not be held in any jail or lockup for adults; (B) in determining under subparagraph (A) whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have sight or sound contact with adult inmates, a court shall consider— (i) the age of the juvenile; (ii) the physical and mental maturity of the juvenile; (iii) the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile; (iv) the nature and circumstances of the alleged offense; (v) the juvenile’s history of prior delinquent acts; (vi) the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile and to protect the public; (vii) whether placement in a juvenile facility will better serve the long-term interests of the juvenile and be more likely to prevent recidivism; (viii) the availability of programs designed to treat the juvenile’s behavioral problems; and (ix) any other relevant factor; and (C) if a court determines under subparagraph (A) that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults— (i) the court shall hold a hearing not less frequently than once every 30 days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and (ii) the juvenile shall not be held in any jail or lockup for adults, or permitted to have sight or sound contact with adult inmates, for more than 180 days, unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation; (15) implement policy, practice, and system improvement strategies at the State, territorial, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among youth who come into contact with the juvenile justice system, without establishing or requiring numerical standards or quotas, by— (A) establishing coordinating bodies, composed of juvenile justice stakeholders at the State, local, or tribal levels, to oversee and monitor efforts by States, units of local government, and Indian tribes to reduce racial and ethnic disparities; (B) identifying and analyzing key decision points in State, local, or tribal juvenile justice and educational systems to determine which points create racial and ethnic disparities among youth who come into contact with the juvenile justice system; (C) developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the juvenile justice system and to track and analyze such disparities; (D) developing and implementing a work plan that includes measurable objectives for policy, practice, or other system changes, based on the needs identified in the data collection and analysis under subparagraphs (B) and (C); and (E) publicly reporting, on an annual basis, the efforts made in accordance with subparagraphs (B), (C), and (D); ; (N) in paragraph (16), as so redesignated— (i) by striking adequate system effective system (ii) by striking requirements of paragraph (11), monitoring to the Administrator the core requirements are met, and for annual reporting to the Administrator of such plan, including the results of such monitoring and all related enforcement and educational activities (iii) by striking , in the opinion of the Administrator, (O) in paragraph (17), as so redesignated, by inserting ethnicity, race, (P) in paragraph (24), as so redesignated— (i) in subparagraphs (A), (B), and (C), by striking juvenile status offender (ii) in subparagraph (B), by striking and (iii) in subparagraph (C)— (I) in clause (i), by striking and (II) in clause (ii), by adding and (III) by adding at the end the following: (iii) if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such order— (I) the court shall issue a written order that— (aa) identifies the valid court order that has been violated; (bb) specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order; (cc) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the status offender in such a facility, with due consideration to the best interest of the juvenile; (dd) specifies the length of time, not to exceed 7 days, that the status offender may remain in a secure detention facility or correctional facility, and includes a plan for the status offender’s release from such facility; and (ee) may not be renewed or extended; and (II) the court may not issue a second or subsequent order described in subclause (I) relating to a status offender, unless the status offender violates a valid court order after the date on which the court issues an order described in subclause (I); ; and (iv) by adding at the end the following: (D) there are procedures in place to ensure that any status offender held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 7 days or the length of time authorized by the court, whichever is shorter; and (E) not later than 3 years after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 ; (Q) in paragraph (26), as so redesignated, by striking section 222(d) section 222(e) (R) in paragraph (27), as so redesignated— (i) by inserting and in accordance with confidentiality concerns, maximum extent practicable, (ii) by striking the semicolon at the end and inserting the following: “, so as to provide for— (A) a compilation of data reflecting information on juveniles entering the juvenile justice system with a prior reported history as victims of child abuse or neglect through arrest, court intake, probation and parole, juvenile detention, and corrections; and (B) a plan to use the data described in subparagraph (A) to provide necessary services for the treatment of victims of child abuse and neglect who have entered, or are at risk of entering, the juvenile justice system; ; (S) in paragraph (28), as so redesignated— (i) by striking establish policies establish protocols, policies, procedures, (ii) by striking and (T) in paragraph (29), as so redesignated, by striking the period at the end and inserting a semicolon; and (U) by adding at the end the following: (30) provide for the coordinated use of funds provided under this Act with other Federal and State funds directed at juvenile delinquency prevention and intervention programs; (31) develop policies and procedures, and provide training for facility staff to eliminate the use of dangerous practices, unreasonable restraints, and unreasonable isolation, including by developing effective behavior management techniques; (32) describe— (A) the evidence-based methods that will be used to conduct mental health and substance abuse screening, assessment, referral, and treatment for all juveniles who— (i) request a screening; (ii) show signs of needing a screening; or (iii) are held for a period of more than 24 hours in a secure facility that provides for an initial screening; (B) the method to be used by the State to provide or arrange for mental health and substance abuse disorder treatment for juveniles determined to be in need of such treatment; and (C) the policies of the State designed to develop and implement comprehensive collaborative State or local plans to meet the service needs of juveniles with mental health or substance abuse needs who come into contact with the justice system and the families of the juveniles, including recognizing trauma histories of juveniles and providing trauma-informed care; (33) provide procedural safeguards to adjudicated juveniles, including— (A) a written case plan for each juvenile, based on an assessment of the needs of the juvenile and developed and updated in consultation with the juvenile, the family of the juvenile, and, if appropriate, counsel for the juvenile, that— (i) describes the pre-release and post-release programs and reentry services that will be provided to the juvenile; (ii) describes the living arrangement to which the juvenile is to be discharged; and (iii) establishes a plan for the enrollment of the juvenile in post-release health care, behavioral health care, educational, vocational, training, family support, public assistance, and legal services programs, as appropriate; and (B) as appropriate, a hearing that— (i) shall take place in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, not later than 30 days before the date on which the juvenile is scheduled to be released, and at which the juvenile would be represented by counsel; and (ii) shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been secured for the juvenile and whether enrollment in health care, behavioral health care, educational, vocational, training, family support, public assistance and legal services, as appropriate, has been arranged for the juvenile; (34) provide that the agency of the State receiving funds under this Act collaborate with the State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (A) the student records of adjudicated juveniles, including electronic records if available, are transferred in a timely manner from the educational program in the juvenile detention or secure treatment facility to the educational or training program into which the juveniles will enroll; (B) the credits of adjudicated juveniles are transferred; and (C) adjudicated juveniles receive full or partial credit toward high school graduation for secondary school coursework satisfactorily completed before and during the period of time during which the juveniles are held in custody, regardless of the local educational agency or entity from which the credits were earned; and (35) provide a description of the use by the State of funds for reentry and aftercare services for juveniles released from the juvenile justice system. ; (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking applicable requirements of paragraphs (11), (12), (13), and (22) of subsection (a) core requirements (ii) by striking beginning after September 30, 2001, then (B) in paragraph (1)— (i) by striking the subsequent fiscal year that fiscal year (ii) by striking , and (C) in paragraph (2)(B)(ii)— (i) by inserting , administrative, appropriate executive (ii) by striking the period at the end and inserting , as specified in section 222(c); and (D) by adding at the end the following: (3) the State shall submit to the Administrator a report detailing the reasons for noncompliance with the core requirements, including the plan of the State to regain full compliance, and the State shall make publicly available such report, not later than 30 days after the date on which the Administrator approves the report, by posting the report on a publicly available website. ; (3) in subsection (d)— (A) by striking section 222(d) section 222(e) (B) by striking described in paragraphs (11), (12), (13), and (22) of subsection (a) described in the core requirements (C) by striking the requirements under paragraphs (11), (12), (13), and (22) of subsection (a) the core requirements (4) in subsection (f)(2)— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) through (E) and subparagraphs (A) through (D); and (5) by adding at the end the following: (g) Compliance determination (1) In general Not later than 60 days after the date of receipt of information indicating that a State may be out of compliance with any of the core requirements, the Administrator shall determine whether the State is in compliance with the core requirements. (2) Reporting The Administrator shall— (A) issue an annual public report— (i) describing any determination described in paragraph (1) made during the previous year, including a summary of the information on which the determination is based and the actions to be taken by the Administrator (including a description of any reduction imposed under subsection (c)); and (ii) for any such determination that a State is out of compliance with any of the core requirements, describing the basis for the determination; and (B) make the report described in subparagraph (A) available on a publicly available website. . 206. Authority to make grants Section 241(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5651(a) (1) in paragraph (1), by inserting status offenders, juvenile offenders, and juveniles (2) in paragraph (5), by striking juvenile offenders and juveniles status offenders, juvenile offenders, and juveniles (3) in paragraph (10), by inserting , including juveniles with disabilities (4) in paragraph (17), by inserting truancy prevention and reduction, mentoring, 207. Grants to Indian tribes (a) In general Section 246(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended— (1) by striking subparagraph (A); (2) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (3) in subparagraph (B)(ii), as redesignated, by striking subparagraph (B) subparagraph (A) (b) Technical and conforming amendment Section 223(a)(7)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) is amended by striking (including any geographical area in which an Indian tribe performs law enforcement functions) (including any geographical area of which an Indian tribe has jurisdiction) 208. Research and evaluation; statistical analyses; information dissemination Section 251 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5661 (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter proceeding subparagraph (A), by striking may shall (ii) in subparagraph (A), by striking plan and identify annually publish a plan to identify (iii) in subparagraph (B)— (I) by striking clause (iii) and inserting the following: (iii) successful efforts to prevent status offenders and first-time minor offenders from subsequent involvement with the criminal justice system; ; (II) by striking clause (vii) and inserting the following: (vii) the prevalence and duration of behavioral health needs (including mental health, substance abuse, and co-occurring disorders) among juveniles pre-placement and post-placement when held in the custody of secure detention and corrections facilities, including an examination of the effects of confinement; ; (III) by redesignating clauses (ix), (x), and (xi) as clauses (xi), (xii), and (xiii), respectively; and (IV) by inserting after clause (viii) the following: (ix) training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices; (x) methods to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work and child protection, education, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, and treatment of delinquency; ; and (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by striking date of enactment of this paragraph,the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 (ii) in subparagraph (F), by striking and (iii) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (H) a description of the best practices in discharge planning; and (I) an assessment of living arrangements for juveniles who cannot return to the homes of the juveniles. ; (2) in subsection (b), in the matter preceding paragraph (1), by striking may shall (3) by adding at the end the following: (f) National recidivism measure The Administrator, in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shall— (1) establish a uniform method of data collection and technology that States shall use to evaluate data on juvenile recidivism on an annual basis; (2) establish a common national juvenile recidivism measurement system; and (3) make cumulative juvenile recidivism data that is collected from States available to the public. . 209. Training and technical assistance Section 252 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5662 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking may (B) in paragraph (1), by inserting shall develop and carry out projects (C) in paragraph (2), by inserting may make grants to and contracts with (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking may (B) in paragraph (1)— (i) by inserting shall develop and implement projects (ii) by inserting , including compliance with the core requirements this title (iii) by striking and (C) in paragraph (2)— (i) by inserting may make grants to and contracts with (ii) by striking the period at the end and inserting ; and (D) by adding at the end the following: (3) shall, upon request, provide technical assistance to States and units of local government on achieving compliance with the amendments made by the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 (4) shall provide technical assistance to States in support of efforts to establish partnerships between a State and a university, institution of higher education, or research center designed to improve the recruitment, selection, training, and retention of professional personnel in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work and child protection, education, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, and treatment of delinquency. ; and (3) by adding at the end the following: (d) Technical assistance to States regarding legal representation of children The Administrator shall— (1) develop and issue standards of practice for attorneys representing children; and (2) ensure that the standards issued under paragraph (1) are adapted for use in States. (e) Training and technical assistance for local and State juvenile detention and corrections personnel The Administrator shall coordinate training and technical assistance programs with juvenile detention and corrections personnel of States and units of local government to— (1) promote methods for improving conditions of juvenile confinement, including methods that are designed to minimize the use of dangerous practices, unreasonable restraints, and isolation; and (2) encourage alternative behavior management techniques based on positive youth development approaches. (f) Training and Technical Assistance To Support Mental Health or Substance Abuse Treatment Including Home-Based or Community-Based Care The Administrator shall provide training and technical assistance, in conjunction with the appropriate public agencies, to individuals involved in making decisions regarding the disposition of cases for youth who enter the juvenile justice system about the appropriate services and placement for youth with mental health or substance abuse needs, including— (1) juvenile justice intake personnel; (2) probation officers; (3) juvenile court judges and court services personnel; (4) prosecutors and court-appointed counsel; and (5) family members of juveniles and family advocates. (g) Grants for juvenile court judges and personnel The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention and the Office of Justice Programs, shall make grants to improve training, education, technical assistance, evaluation, and research to enhance the capacity of State and local courts, judges, and related judicial personnel to— (1) improve the lives of children currently involved in or at risk of being involved in the juvenile court system; and (2) carry out the requirements of this Act. . 210. Incentive grants for State and local programs Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5611 et seq. (1) by redesignating part F as part G; and (2) by inserting after part E the following: F Incentive grants for State and local programs 271. Incentive grants (a) Incentive grant funds The Administrator may make incentive grants to a State, unit of local government, or combination of States and local governments to assist a State, unit of local government, or combination thereof in carrying out an activity identified in subsection (b)(1). (b) Use of funds (1) In general An incentive grant made by the Administrator under this section may be used to— (A) increase the use of evidence-based or promising prevention and intervention programs; (B) improve the recruitment, selection, training, and retention of professional personnel (including in the fields of medicine, law enforcement, the judiciary, juvenile justice, social work, and child prevention) who are engaged in, or intend to work in, the field of prevention, intervention, and treatment of juveniles to reduce delinquency; (C) establish or support a partnership between juvenile justice agencies of a State or unit of local government and mental health authorities of a State or unit of local government to establish and implement programs to ensure there are adequate mental health and substance abuse screening, assessment, referral, treatment, and after-care services for juveniles who come into contact with the justice system by— (i) carrying out programs that divert from incarceration juveniles who come into contact with the justice system (including facilities contracted for operation by State or local juvenile authorities) and have mental health or substance abuse needs— (I) when such juveniles are at imminent risk of being taken into custody; (II) at the time such juveniles are initially taken into custody; (III) after such juveniles are charged with an offense or act of juvenile delinquency; (IV) after such juveniles are adjudicated delinquent and before case disposition; and (V) after such juveniles are committed to secure placement; or (ii) improving treatment of juveniles with mental health needs by working to ensure— (I) that— (aa) initial mental health screening is— (AA) completed for a juvenile immediately upon entering the juvenile justice system or a juvenile facility; and (BB) conducted by qualified health and mental health professionals or by staff who have been trained by qualified health, mental health, and substance abuse professionals; and (bb) in the case of screening, results that indicate possible need for mental health or substance abuse services are reviewed by qualified mental health or substance abuse treatment professionals not later than 24 hours after the screening; (II) that a juvenile who suffers from an acute mental disorder, is suicidal, or is in need of medical attention due to intoxication is— (aa) placed in or immediately transferred to an appropriate medical or mental health facility; and (bb) only admitted to a secure correctional facility with written medical clearance; (III) that— (aa) for a juvenile identified by a screening as needing a mental health assessment, the mental health assessment and any indicated comprehensive evaluation or individualized treatment plan are written and implemented— (AA) not later than 2 weeks after the date on which the juvenile enters the juvenile justice system; or (BB) if a juvenile is entering a secure facility, not later than 1 week after the date on which the juvenile enters the juvenile justice system; and (bb) the assessments described in item (aa) are completed by qualified health, mental health, and substance abuse professionals; (IV) that— (aa) if the need for treatment is indicated by the assessment of a juvenile, the juvenile is referred to or treated by a qualified professional; (bb) a juvenile who is receiving treatment for a mental health or substance abuse need on the date of the assessment continues to receive treatment; (cc) treatment of a juvenile continues until a qualified mental health professional determines that the juvenile is no longer in need of treatment; and (dd) treatment plans for juveniles are reevaluated at least every 30 days; (V) that— (aa) discharge plans are prepared for an incarcerated juvenile when the juvenile enters the correctional facility in order to integrate the juvenile back into the family and the community; (bb) discharge plans for an incarcerated juvenile are updated, in consultation with the family or guardian of a juvenile, before the juvenile leaves the facility; and (cc) discharge plans address the provision of aftercare services; (VI) that any juvenile in the juvenile justice system receiving psychotropic medications is— (aa) under the care of a licensed psychiatrist; and (bb) monitored regularly by trained staff to evaluate the efficacy and side effects of the psychotropic medications; and (VII) that specialized treatment and services are continually available to a juvenile in the juvenile justice system who has— (aa) a history of mental health needs or treatment; (bb) a documented history of sexual offenses or sexual abuse, as a victim or perpetrator; (cc) substance abuse needs or a health problem, learning disability, or history of family abuse or violence; or (dd) developmental disabilities; (D) provide ongoing training, in conjunction with the public or private agency that provides mental health services, to individuals involved in making decisions involving youth who enter the juvenile justice system (including intake personnel, law enforcement, prosecutors, juvenile court judges, public defenders, mental health and substance abuse service providers and administrators, probation officers, and parents) that focuses on— (i) the availability of screening and assessment tools and the effective use of such tools; (ii) the purpose, benefits, and need to increase availability of mental health or substance abuse treatment programs (including home-based and community-based programs) available to juveniles within the jurisdiction of the recipient; (iii) the availability of public and private services available to juveniles to pay for mental health or substance abuse treatment programs; or (iv) the appropriate use of effective home-based and community-based alternatives to juvenile justice or mental health system institutional placement; and (E) develop comprehensive collaborative plans to address the service needs of juveniles with mental health or substance abuse disorders who are at risk of coming into contact with the juvenile justice system that— (i) revise and improve the delivery of intensive home-based and community-based services to juveniles who have been in contact with or who are at risk of coming into contact with the justice system; (ii) determine how the service needs of juveniles with mental health or substance abuse disorders who come into contact with the juvenile justice system will be furnished from the initial detention stage until after discharge in order for those juveniles to avoid further contact with the justice system; (iii) demonstrate that the State or unit of local government has entered into appropriate agreements with all entities responsible for providing services under the plan, such as the agency of the State or unit of local government charged with administering juvenile justice programs, the agency of the State or unit of local government charged with providing mental health services, the agency of the State or unit of local government charged with providing substance abuse treatment services, the educational agency of the State or unit of local government, the child welfare system of the State or local government, and private nonprofit community-based organizations; (iv) ensure that the State or unit of local government has in effect any laws necessary for services to be delivered in accordance with the plan; (v) establish a network of individuals (or incorporate an existing network) to provide coordination between mental health service providers, substance abuse service providers, probation and parole officers, judges, corrections personnel, law enforcement personnel, State and local educational agency personnel, parents and families, and other appropriate parties regarding effective treatment of juveniles with mental health or substance abuse disorders; (vi) provide for cross-system training among law enforcement personnel, corrections personnel, State and local educational agency personnel, mental health service providers, and substance abuse service providers to enhance collaboration among systems; (vii) provide for coordinated and effective aftercare programs for juveniles who have been diagnosed with a mental health or substance abuse disorder and who are discharged from home-based care, community-based care, any other treatment program, secure detention facilities, secure correctional facilities, or jail; (viii) provide for the purchase of technical assistance to support the implementation of the plan; (ix) estimate the costs of implementing the plan and propose funding sources sufficient to meet the non-Federal funding requirements for implementation of the plan under subsection (c)(2)(E); (x) describe the methodology to be used to identify juveniles at risk of coming into contact with the juvenile justice system; (xi) provide a written plan to ensure that all training and services provided under the plan will be culturally and linguistically competent; and (xii) describe the outcome measures and benchmarks that will be used to evaluate the progress and effectiveness of the plan. (2) Coordination and administration A State or unit of local government receiving a grant under this section shall ensure that— (A) the use of the grant under this section is developed as part of the State plan required under section 223(a); and (B) not more than 5 percent of the amount received under this section is used for administration of the grant under this section. (c) Application (1) In general A State or unit of local government desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may prescribe. (2) Contents In accordance with guidelines that shall be established by the Administrator, each application for incentive grant funding under this section shall— (A) describe any activity or program the funding would be used for and how the activity or program is designed to carry out 1 or more of the activities described in subsection (b); (B) if any of the funds provided under the grant would be used for evidence-based or promising prevention or intervention programs, include a detailed description of the studies, findings, or practice knowledge that support the assertion that such programs qualify as evidence-based or promising; (C) for any program for which funds provided under the grant would be used that is not evidence-based or promising, include a detailed description of any studies, findings, or practice knowledge which support the effectiveness of the program; (D) if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that the State or unit of local government— (i) will work with public or private entities in the area to administer the training funded under subsection (b)(1)(D), to ensure that such training is comprehensive, constructive, linguistically and culturally competent, and of a high quality; (ii) is committed to a goal of increasing the diversion of juveniles coming under its jurisdiction into appropriate home-based or community-based care when the interest of the juvenile and public safety allow; (iii) intends to use amounts provided under a grant under this section for an activity described in subsection (b)(1)(D) to further such goal; and (iv) has a plan to demonstrate, using appropriate benchmarks, the progress of the agency in meeting such goal; and (E) if the funds provided under the grant will be used for an activity described in subsection (b)(1)(D), include a certification that not less than 25 percent of the total cost of the training described in subsection (b)(1)(D) that is conducted with the grant under this section will be contributed by non-Federal sources. (d) Requirements for grants To establish partnerships (1) Mandatory reporting A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall keep records of the incidence and types of mental health and substance abuse disorders in the juvenile justice population of the State or unit of local government, the range and scope of services provided, and barriers to service. The State or unit of local government shall submit an analysis of this information yearly to the Administrator. (2) Staff ratios for correctional facilities A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a secure correctional facility operated by or on behalf of that State or unit of local government— (A) has a minimum ratio of not fewer than 1 mental health and substance abuse counselor for every 50 juveniles, who shall be professionally trained and certified or licensed; (B) has a minimum ratio of not fewer than 1 clinical psychologist for every 100 juveniles; and (C) has a minimum ratio of not fewer than 1 licensed psychiatrist for every 100 juveniles receiving psychiatric care. (3) Limitation on isolation A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that— (A) isolation is used only for immediate and short-term security or safety reasons; (B) no juvenile is placed in isolation without approval of the facility superintendent or chief medical officer or their official staff designee; (C) all instances in which a juvenile is placed in isolation are documented in the file of the juvenile along with the justification; (D) a juvenile is in isolation only the amount of time necessary to achieve the security and safety of the juvenile and staff; (E) staff monitor each juvenile in isolation once every 15 minutes and conduct a professional review of the need for isolation at least every 4 hours; and (F) any juvenile held in isolation for 24 hours is examined by a physician or licensed psychologist. (4) Medical and mental health emergencies A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that a correctional facility operated by or on behalf of that State or unit of local government has written policies and procedures on suicide prevention. All staff working in a correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall be trained and certified annually in suicide prevention. A correctional facility operated by or on behalf of a State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall have a written arrangement with a hospital or other facility for providing emergency medical and mental health care. Physical and mental health services shall be available to an incarcerated juvenile 24 hours per day, 7 days per week. (5) IDEA and Rehabilitation Act A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall require that all juvenile facilities operated by or on behalf of the State or unit of local government abide by all mandatory requirements and timelines set forth under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 29 U.S.C. 794 (6) Fiscal responsibility A State or unit of local government receiving a grant for an activity described in subsection (b)(1)(C) shall provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this section that are used for an activity described in subsection (b)(1)(C). . 211. Administrative authority Section 299A(e) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5672(e) requirements described in paragraphs (11), (12), and (13) of section 223(a) core requirements 212. Technical and conforming amendments The Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. (1) in section 204(b)(6) ( 42 U.S.C. 5614(b)(6) section 223(a)(15) section 223(a)(14) (2) in section 246(a)(2)(D) ( 42 U.S.C. 5656(a)(2)(D) section 222(c) section 222(d) (3) in section 299D(b) ( 42 U.S.C. 5675(b) section 222(c) section 222(d) III Incentive grants for local delinquency prevention programs 301. Definitions Section 502 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended— (1) in the section heading, by striking Definition Definitions (2) by striking this title, the term (1) the term mentoring (2) the term . 302. Grants for delinquency prevention programs Section 504(a) of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended— (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following: (9) mentoring programs. . 303. Technical and conforming amendment The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking title V, as added by the Juvenile Justice and Delinquency Prevention Act of 1974 ( Public Law 93–415 IV Miscellaneous provisions 401. Evaluation by Government Accountability Office (a) Evaluation Not later than October 1, 2015, the Comptroller General of the United States shall— (1) conduct a comprehensive analysis and evaluation regarding the performance of the Office of Juvenile Justice Delinquency and Prevention (referred to in this section as the agency (2) conduct a comprehensive audit and evaluation of a selected, statistically significant sample of grantees (as determined by the Comptroller General) that receive Federal funds under grant programs administered by the Office of Juvenile Justice Delinquency and Prevention including a review of internal controls to prevent fraud, waste, and abuse of funds by grantees; and (3) submit a report in accordance with subsection (d). (b) Considerations for evaluation In conducting the analysis and evaluation under subsection (a)(1), and in order to document the efficiency and public benefit of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. 42 U.S.C. 5701 et seq. 42 U.S.C. 5771 et seq. (1) the extent to which the jurisdiction of, and the programs administered by, the agency duplicate or conflict with the jurisdiction and programs of other agencies; (2) the potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating those programs; (3) whether present functions or operations are impeded or enhanced by existing statutes, rules, and procedures; (4) the number and types of beneficiaries or persons served by programs carried out by the agency; (5) the manner with which the agency seeks public input and input from State and local governments on the performance of the functions of the agency; (6) the extent to which the agency complies with section 552 (7) whether greater oversight is needed of programs developed with grants made by the agency; and (8) the extent to which changes are necessary in the authorizing statutes of the agency in order for the functions of the agency to be performed in a more efficient and effective manner. (c) Considerations for audits In conducting the audit and evaluation under subsection (a)(2), and in order to document the efficiency and public benefit of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. 42 U.S.C. 5701 et seq. 42 U.S.C. 5771 et seq. (1) whether grantees timely file Financial Status Reports; (2) whether grantees have sufficient internal controls to ensure adequate oversight of grant fund received; (3) whether disbursements were accompanied with adequate supporting documentation (including invoices and receipts); (4) whether expenditures were authorized; (5) whether subrecipients of grant funds were complying with program requirements; (6) whether salaries and fringe benefits of personnel were adequately supported by documentation; (7) whether contracts were bid in accordance with program guidelines; and (8) whether grant funds were spent in accordance with program goals and guidelines. (d) Report (1) In general The Comptroller General of the United States shall submit a report regarding the evaluation conducted under subsection (a) and audit under subsection (b), together with supporting materials, to the Speaker of the House of Representatives and the President pro tempore of the Senate, and be made available to the public, not later than October 1, 2011. (2) Contents The report submitted in accordance with paragraph (1) shall include all audit findings determined by the selected, statistically significant sample of grantees as required by subsection (a)(2) and shall include the name and location of any selected grantee as well as any findings required by subsection (a)(2). 402. Authorization of appropriations (a) In general The Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. VI Authorization of appropriations; accountability and oversight 601. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act— (1) $159,000,000 for fiscal year 2015; (2) $162,180,000 for fiscal year 2016; (3) $165,423,600 for fiscal year 2017; (4) $168,732,072 for fiscal year 2018; and (5) $172,106,713 for fiscal year 2019. (b) Mentoring programs Not more than 20 percent of the amount authorized to be appropriated under subsection (a) for a fiscal year may be used for mentoring programs. . (b) Technical and conforming amendments The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking— (1) section 299 ( 42 U.S.C. 5671 (2) section 388 ( 42 U.S.C. 5751 (3) section 408 ( 42 U.S.C. 5777 (4) section 505 ( 42 U.S.C. 5784 403. Accountability and oversight (a) In general Title VI of the Juvenile Justice and Delinquency Prevention Act of 1974, as added by this Act, is amended by adding at the end the following: 602. Accountability and oversight All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions: (1) Audit requirement (A) Definitions In this paragraph— (i) the term Inspector General (ii) the term unresolved audit finding (I) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost; and (II) that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. (B) Requirement Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. (C) Number of grantees to be audited The Inspector General shall determine the appropriate number of grantees to be audited under subparagraph (B) each fiscal year. (D) Mandatory exclusion A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the 12-month period described in subparagraph (A)(ii)(II). (E) Priority In awarding grants under this Act, the Attorney General shall give priority an eligible entity that did not have an unresolved audit finding during the 3 fiscal years prior to the date on which the eligible entity submits an application for a grant under this Act. (F) Reimbursement If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (D), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the General Fund under clause (i) from the grantee that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs described in this Act, the term nonprofit organization section 501(c)(3) (B) Prohibition The Attorney General may not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure (i) In general Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including— (I) the independent persons involved in reviewing and approving such compensation; (II) the comparability data used; and (III) contemporaneous substantiation of the deliberation and decision. (ii) Public inspection upon request Upon request, the Attorney General shall make the information disclosed under clause (i) available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. (4) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any recipient of a grant made using such amounts to— (i) lobby any representative of the Department of Justice regarding the award of grant funding; or (ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant made using amounts authorized to be appropriated under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. (5) Annual certification Beginning in the first fiscal year beginning after the date of enactment of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 (A) all audits issued by the Office of the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (B) all mandatory exclusions required under paragraph (1)(D) have been issued; (C) all reimbursements required under paragraph (1)(F)(i) have been made; and (D) includes a list of any grant recipients excluded under paragraph (1)(D) during the preceding fiscal year. . (b) Technical and conforming amendment (1) In general The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking section 407 (42 U.S.C. 5776a). (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act. (3) Savings clause In the case of an entity that is barred from receiving grant funds under paragraph (2) or (7)(B)(ii) of section 407 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5776a V Juvenile accountability block grants 501. Grant eligibility Section 1802(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee–2(a)) is amended— (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) assurances that the State agrees to comply with the core requirements, as defined in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 . | Juvenile Justice and Delinquency Prevention Reauthorization Act of 2014 |
Hurricane Sand Dunes National Recreation Area Act of 2014 - Establishes the Hurricane Sand Dunes National Recreation Area in Utah to provide for the enhancement of recreational uses and the use of off-highway vehicles. Provides for the conveyance of federal lands in Washington County in an equal-value exchange for certain state lands identified on a Bureau of Land Management (BLM) map for the area dated November 14, 2014. | 113 S3000 IS: Hurricane Sand Dunes National Recreation Area Act of 2014 U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3000 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Hatch Committee on Energy and Natural Resources A BILL To establish the Hurricane Sand Dunes National Recreation Area in the State of Utah, and for other purposes. 1. Short title This Act may be cited as the Hurricane Sand Dunes National Recreation Area Act of 2014 2. Definitions In this Act: (1) Federal land The term Federal land (2) Map The term map Hurricane Sand Dunes National Recreation Area (3) Non-Federal land The term non-Federal land (4) Proposed exchange parcel The term proposed exchange parcel Proposed Exchange Parcel (5) Recreation area The term Recreation Area (6) Secretary The term Secretary (7) State The term State 3. Hurricane Sand Dunes National Recreation Area, Utah (a) Designation There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for— (1) the enhancement of recreational uses; and (2) the use of off-highway vehicles. (b) Boundary (1) In general The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as Open OHV Area (2) Exclusion The proposed exchange parcel shall be excluded from the Recreation Area. (c) Administration of Recreation Area and proposed exchange parcel The Secretary, acting through the Director of the Bureau of Land Management, shall— (1) administer the Recreation Area and proposed exchange parcel— (A) in accordance with— (i) the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) applicable land use plans; and (B) consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and (2) only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a). (d) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area. (f) Use of off-Highway vehicles The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles. 4. Exchange of Federal land and non-Federal land (a) In General If the State offers to convey to the United States title to the non-Federal land, the Secretary shall— (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title approval Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals (1) In general The value of the Federal land and the non-Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (e) Equal value exchange (1) In general The value of the Federal land and non-Federal land to be exchanged under this section— (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization (A) Surplus of Federal land If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State— (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-Federal land If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (f) Status and management of non-Federal land On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 ( 43 U.S.C. 1716(c) | Hurricane Sand Dunes National Recreation Area Act of 2014 |
Wounded Warriors Federal Leave Act of 2014 - Entitles any federal employee who is a veteran with a service-connected disability rated at 30% or more, during the 12-month period beginning on the first day of employment, to up to 104 hours of leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used. Requires the forfeiture of any such leave that is not used during such 12-month period. Requires such employee to submit to the head of the employing agency certification that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider. | 113 S3001 IS: Wounded Warriors Federal Leave Act of 2014 U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3001 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Tester Mr. Moran Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to provide leave to any new Federal employee who is a veteran with a service-connected disability rated at 30 percent or more for purposes of undergoing medical treatment for such disability, and for other purposes. 1. Short title This Act may be cited as the Wounded Warriors Federal Leave Act of 2014 2. Additional leave for Federal employees who are disabled veterans (a) In general Subchapter II of chapter 63 6329. Disabled veteran leave (a) Definitions In this section— (1) the term employee (A) has the meaning given such term in section 2105; and (B) includes an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; (2) the term service-connected section 101(16) (3) the term veteran section 101(2) (b) Leave credited During the 12-month period beginning on the first day of the employment of an employee who is a veteran with a service-connected disability rated as 30 percent or more disabling, the employee is entitled to leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used. (c) Limitations (1) Amount of leave The leave credited to an employee under subsection (b) may not exceed 104 hours. (2) No carry over Any leave credited to an employee under subsection (b) that is not used during the 12-month period described in such subsection may not be carried over and shall be forfeited. (d) Certification In order to verify that leave credited to an employee under subsection (b) is used for treating a service-connected disability, the employee shall submit to the head of the employing agency a certification, in such form and manner as the Director of the Office of Personnel Management may prescribe, that the employee used the leave for purposes of being furnished treatment for the disability by a health care provider. . (b) Technical and conforming amendment The table of sections for chapter 63 6329. Disabled veteran leave. . (c) Application The amendment made by subsection (a) shall apply with respect to an employee (as that term is defined in section 6329(a)(1) (d) Regulations (1) In general Not later than 1 year after the date of enactment of this Act— (A) the Postmaster General shall prescribe regulations with respect to the leave provided under the amendment made by subsection (a) for employees of the United States Postal Service and the Postal Regulatory Commission; and (B) the Director of the Office of Personnel Management shall prescribe regulations with respect to the leave provided under the amendment made by subsection (a) for all other employees. (2) Briefing requirement Not later than 3 months after the date of enactment of this Act, and every 3 months thereafter until the date on which the Director of the Office of Personnel Management prescribes final regulations under paragraph (1)(B), the Director shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives regarding the development of such regulations. | Wounded Warriors Federal Leave Act of 2014 |
Guarding Our Great Lakes Act - Requires the Chief of Engineers, the Director of the U.S. Fish and Wildlife Service (USFWS), the Director of the U.S. Geological Survey (USGS), the Administrator of the Environmental Protection Agency (EPA), and each other applicable federal agency to take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam on the Illinois River. Directs the Chief to: (1) construct measures to prevent the upstream transfer of swimming aquatic invasive species through the Lock and Dam; and (2) submit a cost estimate for, and schedule for completion of, measures to be constructed. Requires the Director of the USFWS to implement all appropriate measures in compliance with applicable state and federal law around the Lock and Dam to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species. Authorizes the Chief, the Director of the USFWS, and the Director of the USGS to acquire real estate to carry out this Act. Directs the EPA Administrator, acting through the Great Lakes Interagency Task Force, to coordinate with the governor of Illinois, the city of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. Permits the federal share of the cost of a project to be up to 100%. | 113 S3002 IS: Guarding Our Great Lakes Act U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3002 IN THE SENATE OF THE UNITED STATES December 11, 2014 Ms. Stabenow Mr. Levin Mr. Brown Ms. Baldwin Committee on Environment and Public Works A BILL To control the spread of aquatic invasive species between the Great Lakes basin and the Mississippi River basin, and for other purposes. 1. Short title This Act may be cited as the Guarding Our Great Lakes Act 2. Aquatic invasive species control zone at Brandon Road Lock and Dam, Joliet Illinois (a) In general The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and each other applicable Federal agency shall take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam. (b) Construction (1) Required measures The Chief of Engineers shall construct measures to improve the Brandon Road Lock and Dam to prevent the upstream transfer of swimming aquatic invasive species through the lock and dam, including— (A) an engineered channel in the approach from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112–141 (B) adding additional structures necessary for aquatic invasive species control; and (C) the construction and operation of electric dispersal barriers. (2) Cost estimate and schedule Not later than 6 months after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection. (c) Other measures The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam on the Illinois River to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species, including— (1) implementing existing Asian carp monitoring and control strategies at the Brandon Road location, as applicable; (2) using the Brandon Road location to the greatest extent possible to test new aquatic invasive species control technologies; (3) implementing all control strategies identified through this testing necessary to fulfill the objectives of this section; and (4) developing best management practices to mitigate aquatic invasive species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement them. (d) Administration (1) Acquisition of real estate The Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey may acquire any real estate necessary to carry out this section. (2) Cooperation In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and— (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Metropolitan Water Reclamation District of Greater Chicago; (C) the Asian Carp Regional Coordinating Committee; (D) the Great Lakes Commission; (E) the Great Lakes Fishery Commission; (F) the Great Lakes and St. Lawrence Cities Initiative; and (G) any other applicable State, local, or international government entity. 3. Actions related to permanent prevention of aquatic invasive species transfer between the Great Lakes and Mississippi River basins (a) Construction The Administrator of the Environmental Protection Agency, acting through the Great Lakes Interagency Task Force, shall coordinate with the Governor of Illinois, the City of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. (b) Requirements In carrying out subsection (a), the Administrator shall— (1) coordinate with Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the greatest extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago; (2) ensure flood mitigation in the vicinity of the Chicago Area Waterway System is not degraded; (3) ensure water quality is protected in the Great Lakes and Chicago Waterway System, consistent with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (4) provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System to the greatest practical extent, which may include new infrastructure to minimize the impact of physical barriers necessary for aquatic invasive species control; and (5) prioritize efforts to prevent the transfer of the highest risk aquatic invasive species, including Asian carp. (c) Administration (1) Consultation In carrying out this section, the Administrator shall consult with the Asian Carp Regional Coordinating Committee. (2) Assistance from Corps The Chief of Engineers shall provide to the Administrator all documentation relating to the report issued pursuant to section 1538 of Public Law 112–141 (3) Delegation In carrying out this section, the Administrator may delegate parts of the project to any of the non-Federal entities referred to in this Act. (4) Identification of partners In carrying out this section, the Administrator shall work to identify non-Federal cost-share partners when applicable. (5) Federal share The Federal share of the cost of a project carried out under this section may be up to 100 percent. (d) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the progress made, and a plan for further actions to be taken, under this section. | Guarding Our Great Lakes Act |
Protecting Social Security Disability Act of 2014 - Amends title II (Old, Age and Survivors Disability Insurance) (OASDI) of the Social Security Act (SSAct) to revise the Disability Insurance program to declare any individual who is entitled to both an old-age insurance benefit and a disability insurance benefit for a month to be entitled only to the old-age insurance benefit for that month, except those whose medical improvement is not expected. Directs the Commissioner of Social Security to establish a system for classifying any individual who is determined to be entitled to disability insurance benefits or to monthly OASDI benefits in a specified manner on the basis of the expectation of medical improvement. Revises continuing disability review standards. Time-limits disability benefits for certain individuals. Prohibits age from being considered a vocational factor for any individual who has not attained the age 12 years below the retirement age. Amends the Internal Revenue Code to require all W-2s to be submitted electronically, with a hardship exception for certain small businesses. Amends SSAct title II to: (1) eliminate the reconsideration review level for an initial adverse determination of an application for disability insurance benefits, and (2) require any such determination to be reviewed before an administrative law judge (ALJ). Modifies the deadline for the submission of medical evidence. Directs the Commissioner to establish: (1) disability hearing attorney positions within the Office of Appellate Operations of the Social Security Administration (SSA), as well as (2) procedural rules for hearings. Requires attorneys to certify to the Commissioner that they have never been disbarred or suspended from any court or relinquished a license in the face of a misconduct investigation. Subjects ALJs to the Code of Conduct for United States Judges. Directs the Commissioner to ensure that all ALJs within the Office of Disability Adjudication and Review receive training on how to evaluate medical evidence appropriately. Requires the Commissioner to establish rules and regulations relating to the fees payable to representatives of individuals claiming entitlement to disability insurance benefits, in particular to prohibit SSA reimbursement of a representative for travel expenses. Requires the Inspector General to review the practices of a sample of the highest-earning claimant representatives to ensure compliance with SSA policies. Directs the Division of Quality of the SSA Office of Appellate Operations to: (1) review a sample of determinations by outlier ALJs that individuals are entitled to disability insurance benefits, and (2) identify any determinations not supported by the evidence. Requires any amounts made available by the SSA for Social Security program integrity spending to be included in a separate account within the federal budget and funded in a separate account in the appropriate annual appropriations bill. Requires the Commissioner to consult the National Directory of New Hires when determining whether an individual is making above the substantial gainful activity limits. Amends SSA title XI to eliminate the Ticket to Work and Self-Sufficiency Program. Directs the Commissioner to: (1) establish a Work Incentive Benefit System under which an eligible individual entitled to a disability insurance benefit may elect to return to employment and receive an adjusted disability insurance benefit amount, and (2) conduct a demonstration project designed to examine the effectiveness of providing targeted early-intervention support to eligible individuals. Prohibits an eligible individual who elects to participate in such demonstration project from being eligible for disability assistance for as long as the individual receives assistance through the demonstration project. Directs the Commissioner to study whether reducing the rate at which an employer is taxed with respect to OASDI in exchange for the employer's offering its employees private disability insurance, and other disability supports, would be an effective means of reducing the rate at which such employees enter the disability insurance program. | 113 S3003 IS: Protecting Social Security Disability 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. 3003 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Coburn Committee on Finance A BILL To protect the Social Security Disability Insurance program and provide other support for working disabled Americans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Social Security Disability 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—Ensuring the long-term solvency of the disability insurance trust fund Sec. 101. Application of actuarial reduction for disabled beneficiaries who attain early retirement age. Sec. 102. Revising disability classifications; requiring periodic continuing disability reviews or time limiting benefits for certain beneficiaries. Sec. 103. Adjustment of age criteria for social security disability insurance medical-vocational guidelines; consideration of work which exists in the national economy. Sec. 104. Mandatory collection of negotiated civil monetary penalties. Sec. 105. Required electronic filing of wage withholding returns. TITLE II—Program integrity: Reforming standards and procedures for disability hearings, medical evidence, and claimant representatives Sec. 201. Elimination of reconsideration review level for an initial adverse determination of an application for disability insurance benefits. Sec. 202. Deadline for submission of medical evidence; exclusion of certain medical evidence. Sec. 203. Non-adversarial disability hearing attorneys. Sec. 204. Procedural rules for hearings. Sec. 205. Prohibiting attorneys who have relinquished a license to practice in the face of an ethics investigation from serving as a claimant representative. Sec. 206. Applying judicial code of conduct to administrative law judges. Sec. 207. Evaluating medical evidence. Sec. 208. Reforming fees paid to attorneys and other claimant representatives. Sec. 209. Strengthening the administrative law judge quality review process. Sec. 210. Permitting data matching by Inspectors General. Sec. 211. Accounting for Social Security Program Integrity Spending. Sec. 212. Use of the National Directory of New Hires. TITLE III—Providing support for working disabled Americans Sec. 301. Establishment of Work Incentive Benefit System. Sec. 302. Early-intervention demonstration project; study on payroll tax reductions. I Ensuring the long-term solvency of the disability insurance trust fund 101. Application of actuarial reduction for disabled beneficiaries who attain early retirement age (a) In general Section 202(k)(4) of the Social Security Act ( 42 U.S.C. 402(k)(4) (4) With the exception of individuals who are classified by the Commissioner of Social Security as medical improvement not expected . (b) Conforming amendments (1) Period of disability Clause (i) of section 216(i)(2)(D) of the Social Security Act ( 42 U.S.C. 416(i)(2)(D) retirement age (as defined in subsection (l)) early retirement age (as defined in subsection (l)(2)), or for individuals classified by the Commissioner of Social Security as medical improvement not expected (2) Disability insurance benefit payments Section 223(a)(1) of the Social Security ( 42 U.S.C. 423(a)(1) retirement age (as defined in section 216(l)) early retirement age (as defined in section 216(l)(2)), or for individuals classified by the Commissioner of Social Security as medical improvement not expected (c) Effective date The amendments made by this section shall take effect on January 1, 2020, and shall apply to any individual (with the exception of individuals classified by the Commissioner of Social Security as medical improvement not expected 102. Revising disability classifications; requiring periodic continuing disability reviews or time limiting benefits for certain beneficiaries (a) In general (1) Disability classifications Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under title II of the Social Security Act or to monthly benefits under section 202 of such Act by reason of being under a disability in the following manner: (A) An individual shall be classified as medical improvement expected (B) An individual shall be classified as medical improvement likely (C) An individual shall be classified as medical improvement possible (D) An individual shall be classified as medical improvement not expected (2) Consideration of age In classifying an individual under paragraph (1), the Commissioner of Social Security shall not classify an individual as medical improvement not expected (b) Continuing disability reviews (1) In general Section 221(i) of the Social Security Act ( 42 U.S.C. 421(i) (A) by amending paragraph (1) to read as follows: (1) (A) In the case of any individual who is determined to be under a disability and is classified as medical improvement likely medical improvement possible (i) if the individual is classified as medical improvement likely th (ii) if the individual is classified as medical improvement possible th (B) In addition to the continuing eligibility reviews required under subparagraph (A) and notwithstanding how an individual is classified under the system established by the Commissioner of Social Security under section 102(a) of the Protecting Social Security Disability Act of 2014 (C) Reviews of cases which are required or permitted under this paragraph shall be in addition to, and shall not be considered as a substitute for, any other reviews which are required or provided for under or in the administration of this title. ; (B) by striking paragraphs (2) and (5); (C) by redesignating paragraphs (3) through (4) as paragraphs (2) through (3), respectively; and (D) in paragraph (2), as so redesignated— (i) by striking Committee on Finance Committees on Finance and Homeland Security and Government Affairs (ii) by striking Committee on Ways and Means Committees on Ways and Means and Oversight and Government Reform (iii) by striking for reconsideration of such initial termination or (iv) by striking or both, (v) by striking reconsideration or (2) Standard of review for continuing disability reviews (A) In general Section 223(f) of the Social Security Act ( 42 U.S.C. 423(f) (i) in paragraph (4), by striking the period at the end and inserting ; or (ii) by inserting after paragraph (4) the following new paragraph: (5) in the case of a continuing disability review under section 221(i), evidence that would be sufficient to support a finding in an initial determination that the individual is not under a disability and is able to engage in substantial gainful activity. ; and (iii) by inserting , except that, in the case of a continuing disability review under section 221(i), the Commissioner shall not consider the fact that an individual is engaged in substantial gainful work as part of the Work Incentive Benefit System established under subsection (l) as evidence that the individual is able to engage in substantial gainful activity secured by the Commissioner of Social Security (B) Conforming amendment to definition of disability Section 223(d)(2) of the Social Security Act ( 42 U.S.C. 423(d)(2) (i) in subparagraph (A), by striking An individual Subject to subparagraph (D), an individual (ii) by adding at the end the following new subparagraph: (D) In the case of a continuing disability review under section 221(i), an individual may be found to be under a disability even though the individual is engaged in substantial gainful work as part of the Work Incentive Benefit System established under subsection (l). . (c) Time-Limiting disability benefits for MIE individuals Section 223 of the Social Security Act ( 42 U.S.C. 423 (1) in subsection (a)(1), as amended by section 101(b)(2), in the flush language after and below subparagraph (E), by striking subsection (e) subsections (e) and (k) (2) by adding at the end the following: (k) Time-limited disability benefits (1) In the case of an individual who files an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability for any month that begins on or after the date that is 1 year after the date of the enactment of the Protecting Social Security Disability Act of 2014 medical improvement expected th (2) (A) (i) For purposes of this paragraph, the term timely reapplication (I) by an individual who is a recipient of such benefits; and (II) during the period that is 14 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application and ending with the date that is 12 months before the end of such termination month. (ii) Notwithstanding clause (i), the Commissioner of Social Security may deem an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability submitted by an individual who is a recipient of such benefits that is submitted after the period described in clause (i)(II) to be a timely reapplication if— (I) the individual can show good cause for why the application was not submitted during such period; and (II) the application is submitted not later than 6 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application. (B) (i) An individual who submits a timely reapplication and who is determined to be under a disability shall be deemed to have satisfied the waiting period applicable under subsection (c)(2). (ii) (I) If the Commissioner of Social Security fails to make an initial determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability before the end of the termination month applicable to the individual as of the date of such reapplication, such individual shall continue to be entitled to such benefits until an initial determination with respect to such timely reapplication is made. (II) If the Commissioner of Social Security makes an initial adverse determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability and such individual files a timely request for a hearing under section 221(d), such individual may elect to have the payment of such benefits (as well as any other benefits payable under this title or title XVIII on the basis of such individual's entitlement to such benefits) continue in the same manner and subject to the same conditions as an election made under subsection (g). (C) For purposes of reviewing a timely reapplication submitted by an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability— (i) the fact that the individual was previously found to be under a disability shall have no evidentiary weight; and (ii) subsection (f) shall not apply. . (d) Regulations The Commissioner of Social Security shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits under title II of the Social Security Act and related provisions of the Social Security Administration Programs Operations Manual (POMS) to carry out subsection (a) and the amendments made by subsection (b). 103. Adjustment of age criteria for social security disability insurance medical-vocational guidelines; consideration of work which exists in the national economy (a) In general (1) Age criteria Notwithstanding Appendix 2 to Subpart P of Part 404 of title 20, Code of Federal Regulations, with respect to disability determinations or reviews made on or after the date that is 1 year after the date of the enactment of this Act, age shall not be considered as a vocational factor for any individual who has not attained the age that is 12 years less than the retirement age for such individual (as defined in section 216(l)(1) of the Social Security Act ( 42 U.S.C. 416(l) (2) Work which exists in the national economy With respect to disability determinations or reviews made on or after the date of the enactment of this Act, in determining whether an individual is able to engage in any work which exists in the national economy (as defined in section 223(d)(2)(A) of the Social Security Act ( 42 U.S.C. 423(d)(2)(A) (b) Updating data on work which exists in national economy Not later than 2 years after the date of the enactment of this Act, and every year thereafter, the Commissioner of Social Security shall update the data used by the Commissioner to determine the jobs which exist in the national economy to ensure that such data reflects the full range of work which exists in the national economy, including newly-created jobs in emerging industries. 104. Mandatory collection of negotiated civil monetary penalties Section 1129(i)(2) of the Social Security Act (42 U.S.C. 1320a–8(i)(2)) is amended by inserting and shall delegate authority for collecting civil money penalties and assessments negotiated under this section to the Inspector General 105. Required electronic filing of wage withholding returns (a) In general Paragraph (2) of section 6011(e) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, (2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) shall— (i) require any person that is required to file a return containing information described in section 6051(a) to file such return on magnetic media, and (ii) provide for waiver of the requirements of clause (i) in the case of demonstrated hardship for— (I) for any period before January 1, 2020, a person having 25 or fewer employees, and (II) for any period after December 31, 2019, a person having 5 or fewer employees, , and (3) by inserting except as provided in subparagraph (A), shall not require (b) Conforming amendment Paragraph (4) of section 6011(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (2)(A) paragraph (2)(B) (c) Effective date The amendments made by this section shall apply to returns filed after December 31, 2016. II Program integrity: Reforming standards and procedures for disability hearings, medical evidence, and claimant representatives 201. Elimination of reconsideration review level for an initial adverse determination of an application for disability insurance benefits (a) In general Section 205(b) of the Social Security Act ( 42 U.S.C. 405(b) (1) in paragraph (2), by striking In any Subject to paragraph (4), in any (2) by adding at the end the following: (4) Any review of an initial adverse determination with respect to an application for disability insurance benefits under section 223 or for monthly benefits under section 202 by reason of being under a disability shall only be made before an administrative law judge in a hearing under paragraph (1). . (b) Effective date The amendment made by subsection (a) shall apply to initial adverse determinations on applications for disability insurance benefits under title II of the Social Security Act made after the date of the enactment of this Act. 202. Deadline for submission of medical evidence; exclusion of certain medical evidence (a) Closing of record for submission of medical evidence Section 205(b)(1) of the Social Security Act (42 U.S.C. 405(b)(1)) is amended— (1) by striking The Commissioner of Social Security is directed (A) The Commissioner of Social Security is directed ; and (2) by adding at the end the following new subparagraph: (B) (i) Notwithstanding the last sentence of subparagraph (A), in the case of a hearing before an administrative law judge to determine if an individual is under a disability (as defined in section 223(d)) or a review of such a determination before the Appeals Council of the Office of Appellate Operations of the Social Security Administration, medical evidence (other than the evidence already in the record) shall not be received if the evidence is submitted less than 5 days prior to the date on which the hearing is held unless the individual can show that the evidence is material and there is good cause for the failure to submit it before the deadline, but in no case shall medical evidence be received if it is— (I) based on information obtained during the period that begins after a determination is made by an administrative law judge; or (II) submitted more than 1 year after a determination is made by an administrative law judge. (ii) At the request of an individual applying for benefits under this title, such individual's representative, or a disability hearing attorney (as defined in section 203(a) of the Protecting Social Security Disability Act of 2014 (I) the request is made no less than 7 days prior to the date for which the hearing was originally scheduled; and (II) the party making the request shows good cause for why the hearing should be postponed. . (b) Exclusion of medical evidence that is not submitted in its entirety or furnished by a licensed practitioner Section 223(d)(5) of the Social Security Act ( 42 U.S.C. 423(d)(5) (1) in subparagraph (B), by striking In Subject to subparagraphs (C) and (D), in (2) by adding at the end the following new subparagraphs: (C) (i) An individual and, if applicable, such individual's representative shall submit, in its entirety and without redaction, all relevant medical evidence known to the individual or the representative to the Commissioner of Social Security. (ii) In the case of a hearing before an administrative law judge to determine if an individual is under a disability (as defined in paragraph (1)), the Commissioner of Social Security shall not consider any piece of medical evidence furnished by an individual or such individual's representative unless such individual and, if applicable, such individual's representative, certifies at the hearing that all relevant medical evidence has been submitted in its entirety and without redaction. (iii) For purposes of this subparagraph, the term relevant medical evidence (iv) Any individual or representative who knowingly violates this subparagraph shall be guilty of making a false statement or representation of material fact, shall be subject to civil and criminal penalties under sections 208 and 1129, and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. (D) The Commissioner of Social Security shall not consider any evidence furnished by a physician or health care practitioner who is not licensed, has been sanctioned, or is under investigation for ethical misconduct. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to applications for disability insurance benefits filed on or after that date. 203. Non-adversarial disability hearing attorneys (a) In general (1) Establishment The Commissioner of Social Security shall establish disability hearing attorney positions within the Office of Appellate Operations of the Social Security Administration for the purpose of improving the quality, timeliness, and consistency of disability determinations by administrative law judges as described in this section. The Commissioner shall hire and employ such attorneys and other personnel as are necessary to carry out the responsibilities of disability hearing attorneys, as described in subsection (b). (2) Definition For purposes of this section, the term disability hearing attorney (b) Assignment of cases; responsibilities of disability hearing attorneys (1) Assignment of cases Each case that is scheduled for a hearing to determine if an individual is under a disability (as defined in section 223(d) of the Social Security Act ( 42 U.S.C. 423(d) (2) Responsibilities of disability hearing attorneys The disability hearing attorney assigned to a case under paragraph (1) shall— (A) develop the evidentiary record, and, if necessary, work with the officials that made the initial determination that the individual was not under a disability to understand why such determination was made; (B) in cases where the individual has representation, work with the representative to ensure that the record is complete prior to the hearing, and examine witnesses and present evidence to the administrative law judge during the hearing; (C) prior to the hearing, if the attorney finds that the evidence clearly establishes that the individual is under a disability, recommend that the administrative law judge make a determination that the individual is under a disability without requiring a hearing; and (D) after the hearing, if the attorney finds that the evidence clearly does not support the determination of the administrative law judge that the individual is disabled, recommend to the Appeals Council of the Office of Appellate Operations of the Social Security Administration that the Appeals Council review the determination on its own motion. (c) Qualifications and training The Commissioner of Social Security shall ensure that disability hearing attorneys employed under this section are appropriately qualified and trained to understand relevant medical, vocational, and legal issues. 204. Procedural rules for hearings (a) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall establish and make available to the public procedural rules for hearings to determine whether or not an individual is entitled to disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. (1) rules and procedures for motions and requests; (2) rules related to the representation of individuals in such a hearing, such as the qualifications and standards of conduct required of representatives; (3) rules and procedures for the submission of evidence; (4) rules related to the closure of the record; and (5) rules and procedures for imposing sanctions on parties for failing to comply with hearing rules. (b) Authority of administrative law judges To sanction claimant representatives Section 206(a)(1) of the Social Security Act ( 42 U.S.C. 406(a)(1) The Commissioner of Social Security shall establish rules under which an administrative law judge may impose fines and other sanctions the Commissioner determines to be appropriate on a representative for failure to follow the Commissioner's rules and regulations. (c) Effective date Any rules adopted pursuant to this section or the amendment made thereby shall take effect on the date that is 6 months after the date of their publication and shall apply to hearings held on or after that date. 205. Prohibiting attorneys who have relinquished a license to practice in the face of an ethics investigation from serving as a claimant representative Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1)), as amended by section 204(b), is further amended— (1) in the first sentence, by inserting , and, in cases where compensation is sought for services as a representative, shall prescribe (2) in the second sentence, by striking Federal courts, Federal courts and certifies to the Commissioner that such attorney has never (A) been disbarred or suspended from any court or bar to which such attorney was previously admitted to practice or disqualified from participating in or appearing before any Federal program or agency, or (B) relinquished a license to practice in, participate in, or appear before any court, bar, or Federal program or agency in connection with a settlement of an investigation into ethical misconduct, (3) in the third sentence— (A) by striking may shall (B) by striking or who has been disqualified from participating in or appearing before any Federal program or agency , who has been disqualified from participating in or appearing before any Federal program or agency, or who has voluntarily relinquished a license to practice in, participate in, or appear before any court, bar, or Federal program or agency in settlement of an investigation into ethical misconduct (C) by inserting or who has voluntarily relinquished a license to practice in any court or bar in settlement of an investigation into ethical misconduct 206. Applying judicial code of conduct to administrative law judges (a) In general Section 3105 (1) by striking Each agency (a) Each agency ; and (2) by adding at the end the following: (b) The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to administrative law judges appointed under this section. (c) If, in applying a standard of conduct to an administrative law judge appointed under this section, there is a conflict between the Code of Conduct for United States Judges and any other law or regulation, the stricter standard of conduct shall apply. (d) Pursuant to section 7301, the President may issue such regulations as may be necessary to carry out subsections (b) and (c). . (b) Limitation on regulatory authority Section 1305 3105 3105(a) 207. Evaluating medical evidence (a) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall ensure that all administrative law judges within the Office of Disability Adjudication and Review of the Social Security Administration receive training on how to appropriately evaluate and weigh medical evidence provided by medical professionals. (b) Opinion evidence Section 223(d)(5)(B) of the Social Security Act ( 42 U.S.C. 423(d)(5)(B) In weighing medical evidence, the Commissioner of Social Security may assign greater weight to certain opinion evidence supplied by an individual's treating physician (or other treating health care provider) than to opinion evidence obtained from another source, but in no circumstance shall opinion evidence from any source be given controlling weight. (c) Health care providers supplying consultative exams (1) In general Beginning 1 year after the date of enactment of this Act, in determining whether an individual applying for disability insurance benefits under title II of the Social Security Act is disabled, the Commissioner of Social Security shall not consider medical evidence resulting from a consultative exam with a health care provider conducted for the purpose of supporting the individual's application unless the evidence is accompanied by a Medical Consultant Acknowledgment Form signed by the health care provider who conducted the exam. (2) Medical Consultant Acknowledgment Form (A) Definition As used in this subsection, the term Medical Consultant Acknowledgment Form (B) Requirements The Commissioner of Social Security shall develop the Medical Consultant Acknowledgment Form and make it available to the public not later than 6 months after the date of enactment of this Act. The contents of the Medical Consultant Acknowledgment Form shall include— (i) information on how medical evidence is used in disability determinations; (ii) instructions on completing a residual functional capacity form; (iii) information on the legal and ethical obligations of a health care provider who supplies medical evidence for use in a disability determination, including any civil or criminal penalties that may be imposed on a health care provider who supplies medical evidence for use in a disability determination; and (iv) a statement that the signatory has read and understands the contents of the form. (3) Penalties for fraud In addition to any other penalties that may be prescribed by law, any individual who forges a signature on a Medical Consultant Acknowledgment Form submitted to the Commissioner of Social Security shall be guilty of making a false statement or representation of material fact, and upon conviction shall be subject to civil and criminal penalties under sections 208 and 1129 of the Social Security Act and, in the case of a representative, shall be suspended or disqualified from appearing before the Social Security Administration. (d) Symptom validity tests (1) In general For purposes of evaluating the credibility of an individual's medical evidence, an administrative law judge responsible for conducting a hearing to determine whether an individual applying for disability insurance benefits under title II of the Social Security Act or for monthly benefits under section 202 of such Act by reason of a disability may require the individual to undergo a symptom validity test either prior to or after the hearing. (2) Weight given to SVTs An administrative law judge may only consider the results of a symptom validity test as a part of an individual's entire medical history and shall not give controlling weight to such results. (e) Evidence obtained from publicly available social media For purposes of evaluating the credibility of an individual's medical evidence, an administrative law judge responsible for conducting a hearing to determine whether an individual applying for disability insurance benefits under title II of the Social Security Act is disabled shall be permitted to consider information about the individual obtained from publicly available social media. (f) Regulations related to evaluating medical evidence Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall promulgate rules and regulations to carry out the purposes of this section, including regulations relating to when it is appropriate for an administrative law judge to order a symptom validity test or to consider evidence obtained from publicly available social media. 208. Reforming fees paid to attorneys and other claimant representatives (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall establish rules and regulations relating to the fees payable to representatives of individuals claiming entitlement to disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. (1) require representatives to account for the work performed with respect to a case, whether or not there is a valid fee agreement between the representative and the individual; and (2) prohibit a representative from being reimbursed by the Social Security Administration for travel expenses related to a case. (b) Review of highest-Earning claimant representatives (1) Review Not later than 1 year after the date of enactment of this Act and annually thereafter, the Inspector General of the Social Security Administration shall conduct a review of the practices of a sample of the highest-earning claimant representatives to ensure compliance with the policies of the Social Security Administration. In reviewing representative practices, the Inspector General shall look for suspicious practices, including— (A) repetitive language in residual functional capacity forms; (B) irregularities in the licensing history of medical professionals providing medical opinions in support of a claimant's application; and (C) a disproportionately high number of appearances by a representative before the same administrative law judge. (2) Report Not later than December 1 of each year in which a review described in paragraph (1) is conducted, the Inspector General of the Social Security Administration shall submit a report containing the results of such review, together with any recommendations for administrative action or proposed legislation that the Inspector General determines appropriate, to the Committees on Finance and Homeland Security and Government Affairs of the Senate and the Committees on Ways and Means and Oversight and Government Reform of the House of Representatives. (c) Applicability of the Equal Access to Justice Act Section 205 of the Social Security Act ( 42 U.S.C. 405 (v) Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act (1) any review under this title of a determination of disability made by the Commissioner of Social Security; or (2) if new evidence is submitted by an individual after a hearing to determine whether or not the individual is under a disability, judicial review of a final determination of disability under subsection (g) of this section. . 209. Strengthening the administrative law judge quality review process (a) In general (1) Review Not later than 1 year after the date of enactment of this Act and annually thereafter, the Division of Quality of the Office of Appellate Operations of the Social Security Administration shall conduct a review of a sample of determinations that individuals are entitled to disability insurance benefits by outlier administrative law judges and identify any determinations that are not supported by the evidence. (2) Report Not later than December 1 of each year in which a review described in paragraph (1) is conducted, the Division of Quality Review of the Office of Appellate Operations of the Social Security Administration shall submit a report containing the results of such review, including all determinations that were found to be unsupported by the evidence, together with any recommendations for administrative action or proposed legislation that the Division determines appropriate, to— (A) the Inspector General of the Social Security Administration; (B) the Commissioner of the Social Security Administration; (C) the Committees on Ways and Means and Oversight and Government Reform of the House of the Representatives; and (D) the Committees on Finance and Homeland Security and Government Affairs of the Senate. (3) Definition of outlier administrative law judge For purposes of this subsection, the term outlier administrative law judge (A) issues more than 700 decisions; and (B) determines that the applicant is entitled to disability insurance benefits in not less than 85 percent of cases. (b) Mandatory continuing disability review (1) In general The Commissioner of Social Security shall ensure that, not less than 6 months after receiving a report described in subsection (a)(2), every determination of entitlement found to be unsupported by the evidence is in the process of being reviewed under section 221(i)(1)(B) of the Social Security Act (as amended by section 102(b)(1)). (2) Conforming amendment Section 221(i)(1) of the Social Security Act ( 42 U.S.C. 421(i)(1) or under section 209(b) of the Protecting Social Security Disability Act of 2014 210. Permitting data matching by Inspectors General Clause (ix) of section 552a(a)(8)(B) the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services the Inspector General of an agency, or an agency in coordination with an Inspector General 211. Accounting for Social Security Program Integrity Spending Amounts made available for Social Security program integrity spending by the Social Security Administration for a fiscal year shall be— (1) included in a separate account within the Federal budget; and (2) funded in a separate account in the appropriate annual appropriations bill. 212. Use of the National Directory of New Hires Beginning with the date that is 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall consult the National Directory of New Hires established under section 453(i) of the Social Security Act (42 U.S.C. 653(i)) in determining whether any individual who submits an application or reapplication for disability insurance benefits under title II of the Social Security Act or for monthly benefits under section 202 of such Act by reason of a disability is able to engage in substantial gainful activity. III Providing support for working disabled Americans 301. Establishment of Work Incentive Benefit System (a) Elimination of the Ticket to Work and Self-Sufficiency Program (1) In general Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. (2) Conforming amendments (A) Section 225(b)(1) of such Act is amended by striking consisting of the Ticket to Work and Self-Sufficiency Program under section 1148 or another program (B) Section 1631(a)(6)(A) of such Act is amended by striking consisting of the Ticket to Work and Self-Sufficiency Program under section 1148 or another program (C) Section 1633(c) of such Act is amended by striking paragraph (2). (b) Establishment of the Work Incentive Benefit System (1) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 (A) in subsection (a)(2), by striking section 202(q) and section 215(b)(2)(A)(ii) subsection (l) and sections 202(q) and 215(b)(2)(A)(ii) (B) by adding at the end the following new subsection: (l) Work Incentive Benefit System (1) The Commissioner shall establish a Work Incentive Benefit System in accordance with the provisions of this subsection, pursuant to which an eligible individual entitled to a disability insurance benefit under this section may elect to return to employment and receive an adjusted disability insurance benefit amount (as determined pursuant to paragraph (3)). (2) (A) For purposes of this subsection, the term eligible individual (B) Participation by an eligible individual in the Work Incentive Benefit System shall be suspended if such individual has no reported wages or self-employment income for the 4 preceding calendar quarters (as defined in section 213(a)(1)). (3) (A) For purposes of subsection (a)(2), the amount of the disability insurance benefit provided to an eligible individual who is participating in the Work Incentive Benefit System for any month shall be equal to— (i) in the case of an individual who has average monthly earnings (as determined under subparagraph (B)) equal to or less than $50, the amount otherwise applicable under subsection (a)(2), or (ii) in the case of an individual who has average monthly earnings greater than $50, an amount equal to the sum of— (I) an amount (not less than zero) equal to— (aa) the enhanced benefit amount (as determined under subparagraph (C)) for such individual, minus (bb) the quotient obtained by dividing the average monthly earnings for such individual by 3, and (II) the work incentive adjustment amount (as determined under subparagraph (D)) for such individual. (B) (i) The average monthly earnings for an eligible individual shall be equal to the quotient of— (I) the total amount of wages and self-employment income for such individual in any eligible months during the 2 calendar quarters (as defined in section 213(a)(1)) that precede the most recently completed calendar quarter, divided by (II) the total number of eligible months during such 2 calendar quarter period. (ii) For purposes of clause (i), the term eligible month (C) The enhanced benefit amount for an eligible individual shall be equal to 106.7 percent of the primary insurance amount for such month for such individual. (D) (i) The work incentive adjustment amount for an eligible individual shall be equal to the product of the average monthly earnings for such individual multiplied by the applicable work incentive subsidy rate (as determined in accordance with the table under clause (iii), based on the applicable work incentive step for such individual). (ii) For purposes of the table under clause (iii), the work incentive step for an eligible individual shall be equal to the quotient obtained by dividing— (I) the average monthly earnings for such individual, by (II) an amount equal to the quotient obtained by dividing the primary insurance amount for such month for such individual by 5. (iii) The work incentive subsidy rate shall be determined by linear interpolation between the amounts established under the following table: Work Incentive Step Work Incentive 0 −1 1 −0.8 2 −0.6 3 −0.4 4 −0.2 5 0 6 0.2 7 0.35 8 0.39 9 0.35 10 0.3 11 0.25 12 0.18 13 0.125 14 0.08 15 0.04 16 0.01 17 0. (4) For purposes of paragraph (3)(B), wages and self-employment income of an individual shall be determined based on relevant information for such individual as provided by the State agency responsible for the administration of State unemployment compensation law. (5) For purposes of an eligible individual who is participating in the Work Incentive Benefit System under this subsection, any services performed or earnings derived from services during the period of such participation shall not be considered for purposes of demonstrating an individual's ability to engage in substantial gainful activity under subsection (d)(4) and shall not be considered substantial gainful activity for purposes of subsection (e). (6) For purposes of this title, the disability insurance benefit received by an eligible individual under this subsection shall not be applied for purposes of determining any monthly benefits payable to any other individuals entitled to benefits for any month based on the wages and self-employment income of such individual. . (c) Program savings (1) In general For each calendar year after 2015, the Commissioner of Social Security shall determine if, as a result of the repeal of the Ticket to Work and Self-Sufficiency Program under section 1148 of the Social Security Act and the establishment the Work Incentive Benefit System under section 223(l) of such Act, the total amount of expenditures from the Trust Funds (as defined under section 201(c) of such Act) for payment of disability insurance benefits pursuant to section 223 of such Act has been reduced. (2) Sharing of savings The Commissioner of Social Security shall, by regulations, establish a program to provide payments to organizations providing vocational rehabilitation services to eligible individuals (as defined under section 223(l)(2) of the Social Security Act) from any amounts determined to be saved under the Work Incentive Benefit System, as determined pursuant to paragraph (1). The amount of any payments made to an organization providing vocational rehabilitation services to an eligible individual shall be adjusted based on the disability classification of such individual, with increased amounts to be provided for eligible individuals with a lower expectation of medical improvement. (d) Effective date The amendments made by this section shall apply to benefits payable for months beginning after June 30, 2016. 302. Early-Intervention demonstration project; study on payroll tax reductions (a) Targeted early-Intervention demonstration project (1) In general (A) Establishment The Commissioner shall conduct a demonstration project designed to examine the effectiveness of providing targeted early-intervention support to eligible individuals. (B) Vocational rehabilitation services The Commissioner shall coordinate with State vocational rehabilitation agencies to provide eligible individuals who elect to participate in the demonstration project with vocational rehabilitation services. (C) Other benefits In addition to the vocational rehabilitation services described in subparagraph (B), the Commissioner shall provide eligible individuals who elect to participate in the demonstration project with a package of benefits that may include— (i) health care subsidies; (ii) wage subsidies; and (iii) cash stipends. (D) Suspension of eligibility for disability assistance An eligible individual who elects to participate in the demonstration project shall not be eligible for disability assistance for as long as the individual receives assistance through the demonstration project, and in no case shall an eligible individual who elects to participate in the demonstration project be eligible for disability assistance during the 1 year period that begins on the date that the individual first receives assistance through the demonstration project. (E) Participation voluntary The option to participate in the demonstration project conducted under this subsection shall be voluntary, and the designation of an applicant for disability assistance as an eligible individual shall not preclude such applicant from electing to receive disability insurance rather than participate in the demonstration project. (2) Identifying eligible individuals (A) In general The Commissioner shall identify eligible individuals from among applicants for disability assistance whose applications have not been processed yet. (B) Eligibility standards The Commissioner shall only identify an applicant for disability assistance as an eligible individual if the Commissioner finds that— (i) it is highly probable that the applicant will be determined to be eligible disability assistance; and (ii) the applicant could, with the help of assistance provided under the demonstration project, engage in substantial gainful activity. (3) Scope (A) In general The demonstration project shall be of sufficient scope and shall be carried out on a wide enough scale to permit a thorough evaluation of the provision of targeted early-intervention support under consideration while giving assurance that the results derived from the demonstration project will obtain generally in the operation of the disability insurance program under title II of the Social Security Act ( 42 U.S.C. 401 et seq. (B) Authority to expand scope The Commissioner may expand the scope of the demonstration project to include any group of applicants for disability assistance with impairments that reasonably may be presumed to be disabling for purposes of the demonstration project, and may limit any such demonstration project to any such group of applicants, subject to the terms of such demonstration project which shall define the extent of any such presumption. (C) Duration The demonstration project shall be implemented not later than January 1, 2016, and shall be conducted for a period of 5 years. (4) Reports (A) Interim reports On or before June 1 of each year that begins after 2016, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual interim report on the progress of the demonstration project together with any related data and materials that the Commissioner may consider appropriate. (B) Final report Not later than 90 days after the termination of the demonstration project, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a final report with respect to the demonstration project. (C) GAO evaluation and report The Comptroller General of the United States shall— (i) perform an evaluation of the implementation of and results achieved by the demonstration project; and (ii) not later than January 1, 2020, submit to Congress a report on the evaluation described in clause (i), including a recommendation as to whether the Commissioner's authority to conduct the demonstration project should be made permanent. (5) Definitions In this subsection: (A) Commissioner The term Commissioner (B) Demonstration project The term demonstration project (C) Disability assistance The term disability assistance (D) Eligible individual The term eligible individual (b) Study on payroll tax reductions for businesses that provide disability support (1) In general Not later than 2 years after the date of the enactment of this Act, the Commissioner of Social Security shall complete a study to determine whether reducing the rate at which an employer is taxed under subsection (a) of section 3111 of the Internal Revenue Code of 1986 in exchange for such employer offering its employees private disability insurance and other disability supports would be an effective means of reducing the rate at which such employees enter the disability insurance program established under title II of the Social Security Act. (2) Report Not later than 90 days after the completion of the study described in paragraph (1), the Commissioner of Social security shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a report on the study that includes detailed analysis of the Commissioner's findings and recommendations for further legislative or administrative action. | Protecting Social Security Disability Act of 2014 |
Dormant Therapies Act of 2014 - Requires the Department of Health and Human Services (HHS) to designate medicines being, or intended to be, investigated to address unmet medical needs as dormant therapies. Gives a dormant therapy a 15-year protection period during which no drug can be approved by relying on the approval of the dormant therapy absent a right of reference from the holder of the approved application for the dormant therapy. Requires the sponsor of a potential dormant therapy to have a clinical plan to investigate the medicine and intend to file an application for approval or licensure of the medicine as a new drug or biological product. Prohibits the active moiety of the medicine from being the same as an active moiety in a drug or highly similar to one in a biological product for which an application has been submitted. Requires the sponsor of a potential dormant therapy to list their patents that apply to the medicine and waive rights to those patents at the end of the dormant therapy protection period if the medicine is approved. Allows a sponsor to withdraw a dormant therapy designation request unless the medicine has been approved or licensed. Entitles the sponsor of a dormant therapy to extend patents that apply to the medicine to the end of the protection period. Prohibits a dormant therapy from receiving specified protections that apply to pediatric, infectious disease, or rare disease or condition medicines. Directs HHS to require a sponsor to certify that the clinical plan for a dormant therapy has been completed and that approval was based on investigations in the clinical plan. | 113 S3004 IS: Dormant Therapies Act of 2014 U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3004 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Hatch Mr. Bennet Committee on Health, Education, Labor, and Pensions A BILL To promote the development of meaningful treatments for patients. 1. Short title This Act may be cited as the Dormant Therapies 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. Definitions. Sec. 4. Capturing lost opportunities and creating new cures for patients. Sec. 5. Implementation and effect. 3. Definitions In this Act: (1) The term biological product (2) The term Director (3) The term dormant therapy (4) The term drug (5) The term medicine (6) The term protection period (A) begins on the date on which the Secretary first approves an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) 42 U.S.C. 262(a) (B) ends on the date that is 15 years after the date of such approval. (7) The term Secretary (8) The term sponsor 4. Capturing lost opportunities and creating new cures for patients (a) Designation as a dormant therapy The Secretary shall designate a medicine as a dormant therapy if— (1) the sponsor of the medicine submits a request for such designation meeting the requirements under subsection (b), and the request has not been withdrawn under subsection (d)(1); and (2) the Secretary determines that— (A) the medicine is being investigated or is intended to be investigated for an indication to address one or more unmet medical needs; (B) a suitable clinical plan for such investigations of the medicine has been developed by the sponsor; (C) the sponsor intends to file an application pursuant to section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) 42 U.S.C. 262(a) (D) at the time the request for designation is made, the medicine for which designation is being requested contains, in the case of a drug an active moiety that is not the same as, and in the case of a biological product an active moiety that is not highly similar to, an active moiety in a medicine for which an application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 42 U.S.C. 262 (b) Requirements for request for designation as dormant therapy A request under subsection (a)(1) with respect to a medicine may be made only by the sponsor of the medicine and shall contain each of the following: (1) A listing of all United States patents and applications for patents under which the sponsor has rights and that may be reasonably construed to provide protection for the medicine. (2) A waiver of patent rights to the extent required under subsection (c) to take effect, if at all, as provided under subsection (c)(3). (3) Such additional information as the Secretary may require by regulation in order to determine eligibility for designation under subsection (a). (c) Waiver of patent rights expiring after the protection period ends (1) Patent waiver (A) In general Subject to subparagraph (B), the request under this subsection shall include a waiver of the right to enforce or otherwise assert any patent described in subsection (b)(1) (or any patent issued on the basis of an application described in subsection (b)(1)), which may expire after the end of the protection period for the dormant therapy, against any applicable product described in paragraph (2). The waiver shall be made by the owner of the patent or application for patent, as the case may be. (B) Limitations on patent waiver Any patent waiver provided pursuant to this section, should it become effective— (i) shall have no effect during the protection period for the medicine to which the waiver relates; and (ii) shall have no effect with respect to the subject matter of a claimed invention in a patent that does not provide any protection for such medicine with respect to an applicable product described in paragraph (2). (2) Applicable products described An applicable product is described in this paragraph only if— (A) it is approved or licensed pursuant to an application that— (i) is filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2), (j)) or section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)); and (ii) references or otherwise relies upon the approval or licensure of the dormant therapy to which the waiver relates; and (B) the approval or licensure of the product occurs after the expiration of the protection period applicable to the medicine to which the request under subsection (a)(1) relates. (3) Effective date of waiver A waiver under subsection (b)(2) with respect to a patent shall take effect, if at all, on the date the Director publishes the notice required under subsection (e)(2)(F) relating to the patent. (d) Withdrawal of request for designation, revocation by the secretary (1) In general The sponsor of a medicine may withdraw a request for designation under subsection (a)(1) with respect to a medicine unless the medicine has been approved or licensed under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 (2) Effects of withdrawal of request or revocation of designation If the sponsor of a medicine withdraws a request under subsection (b) or the Secretary denies a designation request or revokes a designation with respect to the medicine— (A) any patent waiver submitted under this section with respect to the medicine, but not yet effective, is canceled and deemed a nullity; (B) any patent waiver that has taken effect under this section with respect to the medicine shall remain in effect; (C) any patent term extension granted by the Director under subsection (e)(2) with respect to the medicine shall be canceled, except that the Director shall maintain the patent term extension for one patent, to be selected by the sponsor of the medicine, for the period of extension that would have been applicable under section 156 (D) the designation, if made, otherwise shall be treated as never having been requested or made or having effect. (3) Basis for revocation The Secretary may revoke a designation made under subsection (a), but only based upon a finding by the Secretary under paragraph (1). (e) Guaranteed protections for dormant therapies (1) Applications filed during the protection period During the protection period for a dormant therapy, notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. 42 U.S.C. 201 et seq. (A) absent a right of reference from the holder of such approved application for the dormant therapy, the Secretary shall not approve an application filed pursuant to section 505(b)(2) or section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) 42 U.S.C. 262(k) (B) the Secretary shall not approve— (i) an application filed pursuant to such section 505(b)(2) or 505(j) that references or otherwise relies on the approval of a medicine that is not the dormant therapy, was approved subsequent to the approval of the dormant therapy, and contains the same active moiety as the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are the same); or (ii) an application filed pursuant to such section 351(k) that references or otherwise relies on the licensure of a medicine that is not the dormant therapy, was licensed subsequent to the licensure of the dormant therapy, and contains an active moiety that is highly similar to the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are highly similar); and (C) the Secretary shall not approve an application filed pursuant to section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(1) 21 U.S.C. 355(b) 42 U.S.C. 262(a) (2) Patent term alignment with data package protection period (A) In general Notwithstanding any provision of title 35, United States Code, a sponsor of a medicine designated as a dormant therapy under subsection (a)(1), upon the approval or licensure thereof under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 42 U.S.C. 262 (B) Submission of final listing of patents and applications for patents following approval or licensure (i) Submission The sponsor of the dormant therapy, within a period to be set by the Director of not less than 2 months beginning on the date the Secretary approves or licenses the dormant therapy, shall submit to the Director— (I) the listing of patents and applications for patents provided to the Secretary under subsection (b)(1); (II) any revisions to such listing as may be required for compliance with subsection (b)(1); and (III) any documentation the Director may require from the patentee or patent applicant (as the case may be) of the waiver of patent rights required under subsection (b)(2). (ii) Failure to provide sufficient documentation of waiver If the Director determines that the sponsor has not complied with the waiver requirements under subsection (c), after providing the sponsor the opportunity to remedy any insufficiency, the Director shall so notify the Secretary that the patent waiver requirements for designation have not been satisfied. (C) Extension of patents (i) In general Unless the Director has notified the Secretary of a determination under subparagraph (B)(ii), for each patent identified in a submission pursuant to subparagraph (B)(i), and for each patent issuing based upon an application for patent so identified, the Director shall, within the 3-month period beginning on the date of the submission, extend the patent to expire at the end of the protection period for the dormant therapy, if the patent would otherwise expire before the end of the protection period. If the Director has so notified the Secretary under subparagraph (B)(ii), the Director shall extend one such patent, selected by the sponsor, for the period that would have been applicable had an application for extension been filed under section 156 (ii) Application of certain provisions During the period of an extension under clause (i)— (I) the rights under the patent shall be limited in the manner provided under section 156(b) of title 35, United States Code; and (II) the terms product approved product 21 U.S.C. 355(b)(2) (D) Interim patent extensions Notwithstanding any provision of title 35, United States Code, with respect to any patent listed (or patent issuing on an application listed) under subsection (b)(1) that would otherwise expire before the sponsor could make a submission under subparagraph (B), the Director, upon application of the patentee, shall grant to the patentee an interim extension of such patent, subject to the limitations in section 156(d)(5)(F) of such title 35, for such period as may be necessary to permit the sponsor to submit the listing under subparagraph (B) and, if the patent is therein listed, to extend the patent as provided under subparagraph (C). The Director may require, for any patent extended under this subparagraph, that the sponsor of the dormant therapy to which the patent relates provide periodic certifications that development of the dormant therapy is continuing. The Director may terminate any interim extension for which a required certification has not been made. (E) Notice of extension For each patent that is extended under this paragraph, the Director shall publish a notice of such extension and issue a certificate of extension described in section 156(e)(1) of title 35, United States Code. (F) Notice of waiver For each patent identified in a submission under subparagraph (B)(i), and each patent issuing based upon an application for patent so identified, that expires after the end of the protection period for the dormant therapy, the Director shall publish a notice that the patent is subject to the limited waiver of the right to enforce described in subsection (c)(1). (f) Certain FDA protections inapplicable If a medicine has been designated as a dormant therapy under subsection (a), the protections otherwise applicable with respect to such medicine under sections 505A, 505E, and 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a (g) Development certifications (1) In general The Secretary shall require that the sponsor of a dormant therapy provide a certification that the clinical plan under subsection (a)(2)(B) has been completed, and, that the initial marketing approval or licensure for the qualifying medicine was based on the investigations set forth in such clinical plan (including modifications to the initial plan approved by the Food and Drug Administration). Prior to receiving such certifications, the Secretary shall require periodic certifications that the clinical plan under subsection (a)(2)(B) is continuing. (2) Determination of noncompliance If the Secretary concludes that the sponsor has not complied with paragraph (1), after providing the sponsor the opportunity to remedy any insufficiency, the Secretary shall, for purposes of subsection (d)(1), determine that the sponsor is not in compliance with the certification requirement under paragraph (1). (h) Collaboration Nothing in this section shall be construed as preventing a sponsor from collaborating with other entities in developing a dormant therapy or applying for a dormant therapy designation. 5. Implementation and effect (a) Effective date Subject to the provisions of this section, this Act shall take effect on the date of enactment. (b) Implementing regulations The Secretary, in consultation with the Secretary of Commerce, shall promulgate such regulations and finalize such guidance as necessary to implement the provisions of section 4. Such regulations or guidance shall take effect 18 months after the date of enactment of this Act. (c) Limitation on determinations and designations Notwithstanding any provision of section 4, the Secretary may not make a determination on a request for designation by a manufacturer or sponsor under section 4(a) prior to the effective date of the regulations under subsection (b) or 30 months after the date of enactment of this Act, whichever occurs first, and the Secretary may not designate a medicine under section 4(a) unless the requirement under section 4(a)(2)(D) is met for such medicine as of the effective date of the regulations under subsection (b) or 30 months after the date of enactment of this Act, whichever occurs first. | Dormant Therapies Act of 2014 |
Progressive Consumption Tax Act of 2014 - Amends the Internal Revenue Code to impose a consumption tax of 10% of the taxable amount of domestic goods and services. Exempts from such tax certain goods and services exported or used outside the United States. Lowers individual and corporate income tax rates. Repeals specified income tax credits and deductions, except for the deductions for mortgage interest, charitable contributions, state and local income taxes, gambling losses, alimony payments, and investment interest. Provides for a family allowance of up to $100,000 for married individuals filing a joint tax return. Allows a rebate for U.S. taxpayers consisting of an earned income amount and a child benefit amount. Provides for a refund of excess consumption tax revenue (net consumption tax revenues that exceed 10% of gross domestic product in a calendar year) to individual taxpayers. | 113 S3005 IS: Progressive Consumption Tax Act of 2014 U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3005 IN THE SENATE OF THE UNITED STATES December 11, 2014 Mr. Cardin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a progressive consumption tax and to reform the income tax, and for other purposes. 1. Short title, etc (a) In general This Act may be cited as the Progressive Consumption Tax Act of 2014 (b) Reference Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title, etc. TITLE I—Progressive consumption tax Sec. 101. Imposition of progressive consumption tax. TITLE II—Individual and corporate tax reform Subtitle A—Individual income tax reforms Sec. 201. Individual income tax rate reductions. Sec. 202. Family allowance amounts. Sec. 203. Repeal of limitations relating to itemized deductions. Sec. 204. Termination of separate treatment of capital gains. Sec. 205. Repeals. Sec. 206. Establishment of progressive tax rebate. Sec. 207. Technical and conforming amendments. Subtitle B—Corporate tax reforms Sec. 211. Corporate income tax rate reduction. TITLE III—Refund of excess consumption tax revenue Sec. 301. Refunds of excess consumption tax revenue. I Progressive consumption tax 101. Imposition of progressive consumption tax (a) In General Subtitle D is amended by inserting before chapter 31 the following new chapter: 30 Progressive consumption tax Subchapter A. Imposition of tax Subchapter B. Taxable supply Subchapter C. Credit against tax Subchapter D. Administration Subchapter E. Definitions and special rules A Imposition of Tax Sec. 3901. Imposition of tax. Sec. 3902. Taxable amount. 3901. Imposition of tax (a) General Rule A tax is hereby imposed on every taxable supply. (b) Amount of Tax (1) In general Except as provided in paragraph (2), the amount of the tax shall be 10 percent of the taxable amount. (2) Special rate for exports The amount of the tax shall be zero with respect to the provision of any supply which is— (A) a supply of tangible personal property that is exported from the United States within 90 days after the provider gives an invoice for the supply, or (B) a supply, other than a supply of tangible personal property— (i) which is provided to a recipient that is not in the United States when the supply is performed or otherwise done, and (ii) the use of which takes place outside of the United States. 3902. Taxable amount (a) Amount charged customer For purposes of this chapter, the taxable amount for any taxable supply for which money is the only consideration shall be the price charged by the provider— (1) including all invoiced charges for transportation, and other items payable to the provider with respect to the supply, but (2) excluding the tax imposed by section 3901 with respect to the supply and excluding any State and local sales and use taxes with respect to the supply. (b) Barter transactions For purposes of this chapter, the taxable amount for any taxable supply which includes consideration other than money shall be the fair market value of the consideration (including all invoiced charges for transportation and other items payable to the provider) plus the amount of any money paid in consideration. (c) Imports For purposes of this chapter, the taxable amount in the case of any import shall be— (1) the customs value plus customs duties and any other duties which may be imposed, or (2) if there is no such customs value, the fair market value (determined as if the importer had sold the supply). For purposes of this subsection, the customs value of any import shall include all invoiced charges for transportation and other items payable to the importer with respect to the supply. (d) Special rule in the case of sales of certain used consumer goods For purposes of this chapter, if— (1) a person acquires any tangible personal property in a transaction which was not taxable under this chapter, and (2) such property had been used by an ultimate consumer before such acquisition, the taxable amount in the case of any sale of such property by such person (determined without regard to this subsection) shall be reduced by the amount paid for such property by such person. B Taxable supply Sec. 3911. Taxable supply. Sec. 3912. Supplies made in connection with the United States. Sec. 3913. Exempt supply. 3911. Taxable supply (a) In general For purposes of this chapter, the term taxable supply (1) the importation of property into the United States, and (2) any supply (other than an exempt supply)— (A) which is provided— (i) in the course of carrying on a trade or business, (ii) in the case of an organization exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of its exemption under section 501, or (iii) in the case of a State, an Indian tribal government, a possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia, in carrying out any activity that is not an essential governmental function, (B) for which consideration is provided in return, and (C) which is made in connection with the United States. (b) Supply For purposes of this chapter— (1) In general The term supply (A) the sale or provision (including through renting, leasing, or licensing) of property, (B) the performance of services, (C) the grant, assignment, or surrender of real property, (D) the creation, grant, transfer, assignment, or surrender of any right, (E) financial supplies, and (F) an entry into, or release from, an obligation or agreement to perform or refrain from performing an act. (2) Special rule for services for employer An employee’s services for the employee’s employer shall not be treated as a supply. 3912. Supplies made in connection with the United States (a) Tangible property For purposes of this chapter— (1) In general The supply of tangible property is made in connection with the United States if— (A) the property is delivered or made available to the recipient in the United States, or (B) the property is assembled in or removed from any location in the United States. (2) Real property The supply of real property is made in connection with the United States if the real property is located in the United States. (b) Services, intangible property, and other supplies For purposes of this chapter, the supply of anything other than tangible property or real property is made in connection with the United States if— (1) the supply is used, performed, or otherwise done in the United States, or (2) the supply is provided through a trade or business in the United States. 3913. Exempt supply (a) In general An exempt supply shall not be subject to tax under this chapter. (b) Exempt supply For purposes of this chapter— (1) In general The term exempt supply (A) the rental or leasing of residential real property, (B) any sale of qualified residential real property, (C) any financial supply, and (D) any taxable supply (or category of such supplies) treated as an exempt supply under section 3932(b). (2) Qualified residential real property For purposes of paragraph (1), the term qualified residential real property (A) which— (i) has previously been sold as residential real property, or (ii) has been continuously rented for 5 years or more, and (B) to which substantial renovations have not been made after the date of the enactment of this chapter. C Credit against tax Sec. 3916. Credit against tax. 3916. Credit against tax (a) General rule There shall be allowed as a credit against the aggregate amount of tax imposed by section 3901 with respect to all taxable supplies made by the taxpayer during the taxable period an amount equal to the aggregate amount of tax imposed by section 3901 on creditable acquisitions of the taxpayer during such taxable period. (b) Creditable acquisitions For purposes of this chapter, the term creditable acquisition (1) which was subject to tax under section 3901 at the time it was provided to the taxpayer, (2) which was used by the taxpayer— (A) in the course of carrying on a trade or business, (B) in the case of a taxpayer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the exemption under section 501, or (C) in the case of a State, an Indian tribal government, a possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia, in carrying out any activity that is not an essential governmental function, and (3) which was not used by the taxpayer to make an exempt supply. (c) Exempt supplies, etc If supplies are used partly for a use described in subsection (b)(2) and partly for another use, the credit shall be allowable only with respect to the supplies used as described in subsection (b)(2). (d) Excess credit treated as overpayment (1) In general If for any taxable period the amount of the credit allowable by subsection (a) exceeds the aggregate amount of the tax imposed by section 3901 for such period, such excess shall be treated as an overpayment of the tax imposed by section 3901. (2) Time when overpayment arises Any overpayment under paragraph (1) for any taxable period shall be treated as arising on the later of— (A) the due date for the return for such period, or (B) the date on which the return is filed. D Administration Sec. 3921. Provider liable for tax. Sec. 3922. Tax invoices. Sec. 3923. Time for filing return and claiming credit; deposits of tax. Sec. 3924. Treatment of related businesses, etc. Sec. 3925. Reports. Sec. 3926. Regulations. 3921. Provider liable for tax (a) In general Except as provided in subsection (b), the person providing the supply shall be liable for the tax imposed by section 3901. (b) Special rule for imports The person receiving the supply shall be liable for the tax imposed under section 3901— (1) in the case of any taxable supply described in section 3911(a)(1), and (2) in the case of any taxable supply which is not a supply of tangible property and which is— (A) performed or otherwise done outside the United States, (B) used in the United States, and (C) acquired for use— (i) in carrying on a trade or business in the United States, (ii) by an organization exempt from tax under section 501(a), in furtherance of activities related to the purpose or function constituting the basis of its exemption under section 501, or (iii) by a State, an Indian tribal government, a possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia, in carrying out any activity that is not an essential governmental function. 3922. Tax invoices (a) In general (1) Supplies made in connection with the United States Except as otherwise provided in this subsection, any person providing a taxable supply shall give the recipient a tax invoice with respect to such supply. (2) Certain services performed outside the United States In the case of any taxable supply described in section 3921(b)(2), paragraph (1) shall not apply and the person receiving the taxable supply shall generate a tax invoice with respect to such supply. (3) Imports In the case of any taxable supply described in section 3911(a), the Secretary, in consultation with the Commissioner of Customs and Border Protection, shall promulgate regulations governing the provision of tax invoices. (b) Content of invoice The tax invoice required by subsection (a) with respect to any supply shall set forth— (1) the name and, in the case of an invoice under subsection (a)(1), identification number of the provider, (2) the name of the recipient, (3) the date of the taxable supply, (4) the taxable amount with respect to the taxable supply, (5) the amount of the tax imposed by section 3901, and (6) such other information as may be prescribed by regulations. (c) No credit without invoice (1) In general Except as provided in paragraph (2) or (3), a taxpayer may claim a credit with respect to a creditable acquisition only if the taxpayer— (A) has in the taxpayer's possession a tax invoice which meets the requirements of this section, and (B) is named as the recipient of the supply in such invoice. (2) Employees or other agents named in invoices To the extent provided in regulations, the naming of an employee or other agent of the recipient of the supply shall be treated as the naming of the recipient. (3) Waiver of invoice requirement in certain cases To the extent provided in regulations, paragraph (1) shall not apply— (A) where the taxpayer can demonstrate that the failure to receive or to have in the taxpayer’s possession a tax invoice was without fault on the taxpayer's part, or (B) to a taxable supply (or category of supplies) where— (i) the amount involved is de minimis, or (ii) the information required by subsection (b) can be reliably established by sampling or by another method and can be adequately documented. (d) Time for furnishing invoice Any invoice required to be furnished by subsection (a) with respect to any supply shall be furnished not later than 15 business days after the tax point for such supply. 3923. Time for filing return and claiming credit; deposits of tax (a) Filing return Before the last day of the fourth week (third week, in the case of any taxpayer to which subsection (c)(2) applies) after the close of each taxable period, each person liable for tax under this chapter shall file a return of the tax imposed by section 3901 on taxable supplies having a tax point within such taxable period. (b) Credit allowed for taxable period in which recipient receives invoice (1) In general Except as provided in paragraph (2), a credit allowable by section 3916 with respect to a supply may be allowed only for the first taxable period by the close of which the taxpayer— (A) has paid or accrued amounts properly allocable to the tax imposed by section 3901 with respect to such supply, and (B) has a tax invoice (or equivalent) with respect to such supply. (2) Use for later period Under regulations, a credit allowable by section 3916 may be allowed for a period after the period set forth in paragraph (1). (c) Taxable period For purposes of this chapter— (1) In general Except as provided in paragraph (2), the term taxable period (2) Monthly period for certain taxpayers (A) In general In the case of a taxpayer who makes taxable supplies for any month in excess of $20,000,000, the term taxable period (B) Election of 1-month period If the taxpayer so elects, the term taxable period (d) Tax point For purposes of this chapter— (1) Chapter 1 Except as provided in paragraph (2), the tax point for any supply is the earlier of— (A) the time (or times) when any income from the provision of the supply should be treated by the provider as received or accrued (or any loss should be taken into account by the seller) for purposes of chapter 1, or (B) the time (or times) when the provider receives payment for the sale. (2) Imports In the case of the importing of property, the tax point is when the property is entered, or withdrawn from warehouse, for consumption in the United States. (e) Monthly deposits required To the extent provided in regulations, monthly deposits may be required of the estimated liability for any taxable period for the tax imposed by section 3901. 3924. Treatment of related businesses, etc For purposes of this chapter, to the extent provided in regulations, the taxpayer may elect— (1) to treat as 1 person 2 or more businesses which may be treated under section 52(b) as 1 employer, and (2) to treat as separate persons separate divisions of the same business. 3925. Reports The Secretary shall submit to Congress semi-annual reports on the implementation and administration of this chapter, including the amount of revenue collected from the tax imposed under this chapter and estimates of the revenue to be collected from such tax for future period. 3926. Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this chapter. E Definitions and Special Rules Sec. 3931. Definitions. Sec. 3932. Special rules. 3931. Definitions For purposes of this chapter— (1) Business The term business (A) a trade, and (B) an activity regularly carried on for profit. (2) Business Day The term business day (3) Employee The term employee (4) Financial supplies The term financial supplies (5) Person The term person (6) Provide; provider The term provide provider (7) United States The term United States 3932. Special rules (a) Coordination with subtitle A For purposes of subtitle A— (1) Treatment of credit Any credit allowable to a taxpayer under section 3916 which is attributable to any supply shall be treated as a reduction in the amount paid or incurred by the taxpayer for such supply. (2) Amount of deduction for tax The amount allowable as a deduction for the tax imposed by section 3901 shall be determined without regard to any credit allowable under section 3916. (3) Computation of percentage depletion For purposes of sections 613 and 613A— (A) gross income shall be reduced by the amount of the tax imposed by section 3901, and (B) taxable income shall be determined without regard to any deduction allowed for such tax. (b) Authority to zero rate de minimis supplies, etc The Secretary may prescribe regulations treating as an exempt supply any taxable supply (or category of such supplies) where— (1) the amount involved is de minimis, or (2) the revenue raised by taxing the supply is not sufficient to justify the administrative and other costs involved in the payment and collection of the tax. . (b) Clerical Amendment The table of chapters for subtitle D is amended by inserting before the item relating to chapter 31 the following: Chapter 30. Progressive consumption tax . (c) Effective Date The amendments made by this section shall apply to supplies provided after December 31, 2015. II Individual and corporate tax reform A Individual income tax reforms 201. Individual income tax rate reductions (a) In general (1) Married individuals filing joint returns and surviving spouses Subsection (a) of section 1 is amended by striking the table and inserting the following: If taxable income is: The tax is: Not over $100,000 15 percent of taxable income. Over $100,000 but not over $500,000 $15,000, plus 25 percent of the excess over $100,000. Over $500,000 $115,000, plus 28 percent of the excess over $500,000. . (2) Heads of households Subsection (b) of section 1 is amended by striking the table and inserting the following: If taxable income is: The tax is: Not over $50,000 15 percent of taxable income. Over $50,000 but not over $250,000 $7,500, plus 25 percent of the excess over $50,000. Over $250,000 $57,500, plus 28 percent of the excess over $250,000. . (3) Unmarried individuals (other than surviving spouses and heads of households) Subsection (c) of section 1 is amended by striking the table and inserting the following: If taxable income is: The tax is: Not over $50,000 15 percent of taxable income. Over $50,000 but not over $250,000 $7,500, plus 25 percent of the excess over $250,000. Over $250,000 $57,500, plus 28 percent of the excess over $250,000. . (4) Married individuals filing separate returns Subsection (d) of section 1 is amended by striking the table and inserting the following: If taxable income is: The tax is: Not over $50,000 15 percent of taxable income. Over $50,000 but not over $250,000 $7,500, plus 25 percent of the excess over $250,000. Over $250,000 $57,500, plus 28 percent of the excess over $250,000. . (b) Conforming amendments relating to cost-of-Living adjustment (1) In general Paragraph (3) of section 1(f) is amended by inserting , except as provided in paragraph (7), for any calendar year (2) Updated cost-of-living adjustment for new rates Section 1(f) is amended by striking paragraphs (7) and (8) and inserting the following: (7) Cost-of-living adjustment for years after 2015 (A) Calendar year 2016 In prescribing the tables under paragraph (1) which apply in lieu of the tables contained in subsections (a), (b), (c), and (d) with respect to taxable years beginning in calendar year 2016, the Secretary shall make no adjustment to the dollar amounts in any such table. (B) Later calendar years In prescribing tables under paragraph (1) which apply in lieu of the tables contained in subsections (a), (b), (c), and (d) with respect to taxable years beginning after December 31, 2016, the cost-of-living adjustment used in making adjustments to the dollar amounts in such tables shall be determined under paragraph (3) by substituting 2015 1992 . (3) Conforming amendments (A) Paragraph (2) of section 1(f) is amended— (i) by striking paragraph (8) paragraph (7)(A) (ii) by striking by adjusting except as provided in paragraph (7)(A), by adjusting (B) The heading of subsection (f) of section 1 is amended by striking Phaseout of marriage penalty in 15-percent bracket; adjustments Adjustments (c) Conforming amendment relating to rates Section 1 is amended by striking subsection (i). (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 202. Family allowance amounts (a) In general Section 63 is amended to read as follows: 63. Taxable income defined (a) In general For purposes of this subtitle, the term taxable income (1) the deductions allowed by this chapter (other than those taken into account in determining adjusted gross income), and (2) the family allowance amount. (b) Family allowance For purposes of this subtitle— (1) In general The family allowance amount with respect to a taxpayer shall be determined in accordance with the following table: If the taxpayer is: The family Single or married filing separately $50,000 Married filing jointly or a surviving spouse $100,000 A head of a household $75,000. (2) Definitions For purposes of this subsection— (A) the term single or married filing separately (B) the term married filing jointly or a surviving spouse (C) the term head of a household (3) Adjustment for inflation In the case of any taxable year beginning after 2016, each of the dollar amounts in the table under 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 2015 calendar year 1992 (c) Cross references (1) For deductions of estates and trusts in lieu of the family allowance amount, see section 642(b). (2) For calculation of family allowance relating to nonresident aliens, see section 873(b)(3). (3) For determination of marital status, see section 7703. . (b) Termination of personal exemptions (1) In general Subsection (a) of section 151 is amended by inserting , for a taxable year beginning before January 1, 2016 In the case of an individual (2) Identifying information required to treat individual as dependent Section 152 is amended by adding at the end the following new subsection: (g) Identifying information required No individual shall be treated as a dependent of the taxpayer under this section for a taxable year unless the taxpayer includes the TIN of such individual on the return of tax for the taxable year. . (3) Conforming amendments (A) Section 2(a)(1)(B)(ii) is amended by striking of a dependent of a dependent (as defined in section 152) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer. (B) Section 2(b)(1)(A)(ii) is amended by striking if the taxpayer is entitled to a deduction for the taxable year for such person under section 151 within the meaning of section 152 (C) Section 2(b)(1)(B) is amended by striking if the taxpayer is entitled to a deduction for the taxable year for such father or mother under section 151 if such father or mother is a dependent of the taxpayer for the taxable year, within the meaning of section 152 (D) Section 36B(b)(3)(B) is amended— (i) by striking who is not allowed a deduction under section 151 for the taxable year with respect to a dependent with respect to whom no dependents are taken into account under section 152 for purposes of any provision of this title for the taxable year (ii) by striking unless a deduction is allowed under section 151 for the taxable year with respect to a dependent other than either spouse unless a dependent other than either spouse is taken into account under section 152 for purposes of any provision of this title for the taxable year (E) Section 36B(c)(1)(D) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer who is taken into account as a dependent by another taxpayer under section 152 for purposes of any provision of this title (F) Section 36B(d)(1) is amended by striking for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) who is a dependent of the taxpayer under section 152 (G) Section 36B(e)(1) is amended by striking for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) who is a dependent of the taxpayer under section 152 (H) Section 152(d)(1)(B) is amended by striking the exemption amount (as defined in section 151(d)) the family allowance amount applicable to taxpayers who are single or married filing separately under section 63(b) (I) Section 152(f)(6)(B)(i) is amended by striking the deduction under section 151(c) the family allowance amount under section 63(b) (J) Part V of subchapter B of chapter 1 is amended by striking section 153. (K) The table of sections for part V of subchapter B of chapter 1 is amended by striking the item relating to section 153. (L) Section 172(d)(3) is amended to read as follows: (3) Family allowance amount Taxable income under section 63 shall be determined without regard to paragraph (2) of section 63(a), relating to the family allowance amount. No deduction in lieu of the exclusion of such family allowance amount shall be allowed. . (M) Section 220(b)(6) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer who is taken into account as a dependent by another taxpayer under section 152 for purposes of any provision of this title (N) Section 223(b)(6) is amended by striking with respect to whom a deduction under section 151 is allowable to another taxpayer who is taken into account as a dependent by another taxpayer under section 152 for purposes of any provision of this title (O) Section 443(c) is amended by striking the exemptions allowed as a deduction under section 151 (and any deduction in lieu thereof) shall be reduced to amounts which bear the same ratio to the full exemptions the family allowance amount under section 63 (and any deduction in lieu thereof) shall be reduced to an amount which bears the same ratio to the full family allowance amount (P) Section 642(b)(2)(C)(i) is amended— (i) by striking 151(d) 151(d) (as in effect for taxable years beginning before January 1, 2016) (ii) by striking 151(d)(3)(C)(iii) 151(d)(3)(C)(iii) (as so in effect) (Q) Section 642(b)(3) is amended by striking the deductions allowed under section 151 (relating to deduction for personal exemption) the family allowance amount under section 63 (R) Section 703(a) is amended— (i) by striking and (ii) by striking subparagraph (A) of paragraph (2) and by redesignating subparagraphs (B), (C), (D), (E), and (F) of such paragraph as subparagraphs (A), (B), (C), (D), and (E), (iii) by striking the period at the end of paragraph (2)(F) and inserting , and (iv) by adding at the end the following new paragraph: (3) taxable income under section 63 shall be determined without regard to paragraph (2) of section 63(a), relating to the family allowance amount. . (S) Section 773(b) is amended— (i) by striking subparagraph (A) of paragraph (1) and by redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B), and (ii) by adding at the end the following new paragraph: (4) Family allowance amount Taxable income under section 63 shall be determined without regard to paragraph (2) of section 63(a), relating to the family allowance amount. . (T) Section 873(b) is amended— (i) by striking deductions (ii) by striking paragraph (3) and inserting the following: (3) Family allowance amount The exclusion of the family allowance amount under section 63(a)(2), except that the taxpayer shall be treated for purposes of section 63(b) as single or married filing separately unless the taxpayer is a resident of a contiguous country or is a national of the United States. . (U) The heading of section 873 is amended by striking Deductions Deductions and allowances (V) The item relating to section 873 in the table of sections for subpart A of part II of subchapter N of chapter 1 is amended to read as follows: Sec. 873. Deductions and allowances. . (W) Section 874(b) is amended by striking deduction for exemptions under section 151 exclusion of the family allowance amount under section 63(a)(2) (X) Section 891 is amended by striking deductions allowable under section 151 and under exclusion of the family allowance amount under section 63(a)(2) and the deductions allowable under (Y) Section 904(b)(1) is amended to read as follows: (1) Family allowance and deductions For purposes of subsection (a), the taxable income in the case of an individual, estate, or trust shall be computed without regard to the exclusion of the family allowance amount under section 63(a)(2) or any deduction in lieu of such exclusion. . (Z) Section 931(b)(1) is amended by striking deductions (other than the deduction under section 151, relating to personal exemptions) deductions (AA) Section 933 is amended— (i) by striking deductions (other than the deduction under section 151, relating to personal exemptions) deductions (ii) by striking deductions (other than the deduction for personal exemptions under section 151) deductions (BB) Section 1212(b)(2)(B)(ii) is amended to read as follows: (ii) the family allowance amount for the taxable year under section 63(b) or any deduction allowed in lieu thereof. . (CC) Section 1402(a)(7) is amended to read as follows: (7) taxable income under section 63 shall be determined without regard to paragraph (2) of section 63(a), relating to the family allowance amount; . (DD) Section 5000A(c)(4)(A) is amended by striking for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) who are taken into account as a dependent by the taxpayer under section 152 for purposes of any provision of this title (EE) Section 6012(a)(1) is amended to read as follows: (1) (A) Every individual— (i) having for the taxable year gross income which equals or exceeds the family allowance amount applicable to the individual under section 63, or (ii) in the case of individuals entitled to make a joint return (but only if the individual and the individual's spouse had the same household as their home at the close of the taxable year), every individual whose gross income, when combined with the gross income of the individual's spouse, equals or exceeds the family allowance amount applicable to taxpayers who are married filing jointly under section 63. (B) Every individual not described in subparagraph (A) who is taken into account as a dependent by another taxpayer under section 152 for purposes of any provision of this title, but only if such individual's gross income, when combined with the gross income of all individuals taken into account in determining the family allowance amount under section 63(b) of the taxpayer, equals or exceeds the family allowance amount applicable to the taxpayer under such section. . (FF) Section 6012(a)(8) is amended by striking is not less than the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(D) equals or exceeds the family allowance amount applicable to the estate under section 1398(c)(3) (GG) Section 6013(b)(3)(A) is amended by striking has the meaning given to such term means the family allowance amount applicable to a taxpayer who is single or married filing separately under section 63(b). (HH) Section 6014(a) is amended by striking who does not itemize his deductions and who is not described in section 6012(a)(1)(C)(i) who is not described in section 6012(a)(1)(B) (II) Section 6103(l)(21)(A)(iii) is amended by striking for whom a deduction is allowed under section 151 who is taken into account as a dependent under section 152 for purposes of any provision of this title (JJ) Section 6334(d)(2)(A) is amended to read as follows: (A) the family allowance amount determined under section 63(b) with respect to the taxpayer for the taxable year in which such levy occurs, divided by . (KK) Section 7703(b)(1) is amended by striking with respect to whom such individual is entitled to a deduction for the taxable year under section 151 (or would be so entitled but for section 152(e)) who is a dependent (within the meaning of section 152) of the individual for the taxable year (4) Amendments relating to payroll withholding (A) In general Paragraph (1) of section 3402(f) is amended by striking subparagraph (A) and all that follows and inserting the following: (A) an exemption equal to the family allowance exemption amount; and (B) any allowance to which the employee is entitled under subsection (m), but only if the employee's spouse does not have in effect a withholding exemption certificate claiming such allowance. . (B) Family allowance exemption amount Subsection (f) of section 3402 is amended— (i) by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively, (ii) by striking paragraph (2)(C) paragraph (3)(C) (iii) by inserting after paragraph (1) the following new paragraph: (2) Family allowance exemption amount For purposes of this section— (A) In general Except as provided in subparagraphs (B) and (C), the term family allowance exemption amount (B) Married employees If the employee is married filing jointly and the employee's spouse is an employee receiving wages, the employee and the employee's spouse may divide the family allowance amount determined under section 63(b) in the proportion of their choice for purposes of this paragraph, but the sum of the family allowance exemption amounts claimed by the employee and the employee's spouse shall not exceed such family allowance amount. (C) Employees with more than 1 employer In the case of an employee that has withholding exemption certificates in effect with respect to more than 1 employer, the employee may divide the family allowance amount (or the employee's share of such amount after the application of subparagraph (B), if applicable) determined under section 63(b) among employers in the proportion of the employee's choice for purposes of this paragraph, but the sum of the family allowance exemption amounts claimed by the employee with respect to all employers shall not exceed such family allowance amount (or the employee's share of such amount after the application of subparagraph (B), if applicable). . (C) Conforming amendments (i) Paragraph (2) of section 3402(a) is amended by striking the number of withholding exemptions claimed the total amount of the withholding exemptions claimed. (ii) Paragraph (3) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is amended— (I) by striking the number of withholding exemptions the total amount of the withholding exemptions which the employee claims, which shall in no event exceed the amount to which the employee is entitled. (II) by striking the number of withholding exemptions the total amount of the withholding exemptions (III) by striking the number to which he is entitled the amount to which the employee is entitled (IV) by striking the number to which the employee is entitled the amount to which the employee is entitled (V) by striking the number to which he will be, or reasonably may be expected to be, so entitled the amount to which the employee will be, or reasonably may be expected to be, so entitled (iii) Paragraph (7) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is amended by striking shall be entitled to only one withholding exemption shall be treated as single or married filing separately for purposes of determining the family allowance exemption amount (iv) Paragraph (8) of section 3402(f), as redesignated by subparagraph (B)(i) of this paragraph, is amended by inserting , except as provided in paragraph (2)(C) with respect to one employer (v) Paragraph (3) of section 3402(m) is amended by striking deductions (including the additional standard deduction under section 63(c)(3) for the aged and blind) deductions (vi) Paragraph (2) of section 3402(r) is amended striking the sum of the family allowance amount determined under section 63(b) for a taxpayer who is single or married filing separately. (vii) Section 6040(4) is amended by striking section 3402(f)(2), (3), (4), and (5) paragraphs (3), (4), (5), and (6) of section 3402(f) (c) Conforming amendments (1) Section 1(f)(6) is amended— (A) by striking 63(c)(4) 63(b)(3) (B) by inserting , subsection (g)(4)(B) paragraph (2)(A) (2) Section 1(g)(4) is amended— (A) by striking clause (ii) of subparagraph (A) and inserting the following: (ii) the sum of— (I) $500, plus (II) the greater of the amount described in subclause (I) or the amount of the itemized deductions allowed by this chapter which are directly connected with the production of the portion of adjusted gross income referred to in clause (i). , and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following new subparagraph: (B) Adjustment for inflation In the case of any taxable year beginning in a calendar year after 1988, the $500 amount in subparagraph (A)(ii)(I) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 1987 calendar year 1992 . (3) Section 3(a) is amended to read as follows: (a) (1) In general In lieu of the tax imposed by section 1, there is hereby imposed for each taxable year on the taxable income of every individual whose taxable income does not exceed the ceiling amount a tax determined under tables, applicable to such taxable year, which shall be prescribed by the Secretary and which shall be in such form as the Secretary determines appropriate. In the table so prescribed, the amounts of the tax shall be computed on the basis of the rates prescribed by section 1. (2) Ceiling amount defined For purposes of paragraph (1), the term ceiling amount . (4) Section 861(b) is amended by striking the last sentence. (5) Section 862(b) is amended by striking the last sentence. (6) Section 1398(c) is amended— (A) by striking paragraph (3) and inserting the following: (3) Family allowance amount The family allowance amount under section 63(b) taken into account for the estate for the taxable year shall be the same as for a taxpayer who is single or married filing separately. , and (B) by striking basic standard deduction family allowance amount (7) Section 6212(c)(2) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (8) Section 6014(b)(4) is amended by striking deductions deductions. (9) Section 6504 is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10), respectively. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 203. Repeal of limitations relating to itemized deductions (a) In general Sections 67 and 68 are repealed. (b) Conforming amendments (1) Section 162(o) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 164(b)(5)(H)(ii) is amended— (A) by striking the comma at the end of subclause (I) and inserting , and (B) by striking , and (C) by striking subclause (III). (3) Section 302(b)(5) is amended by inserting , as in effect on December 31, 2015 67(c)(2)(B) (4) Section 562(c) is amended by inserting , as in effect on December 31, 2015 67(c)(2)(B) (5) Section 642(b)(2)(C)(i)(II) is amended by inserting , and as in effect on December 31, 2015 642(b) (6) Section 772(c)(3) is amended— (A) by striking subparagraph (B), and (B) by striking Income or loss from other activities For purposes of this chapter Income or loss from other activities (7) Section 773(a)(3)(B) is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (8) Section 773(b) is amended by striking paragraph (3). (9) Section 1411(a)(2)(B)(i) is amended by inserting , as in effect on December 31, 2015 67(e) (10) Subparagraphs (C)(iii) and (D)(v) of section 6654(d)(1) are each amended by inserting , as in effect on December 31, 2015 (c) Effective date The repeal and the amendments made by this section shall apply to taxable years beginning after December 31, 2015. 204. Termination of separate treatment of capital gains Subsection (h) of section 1 is amended by adding at the end the following new paragraph: (12) Termination This subsection shall not apply to any taxable year beginning after December 31, 2015. . 205. Repeals (a) In general The following provisions of the Internal Revenue Code of 1986 are repealed: (1) Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits). (2) Subpart B of part IV of subchapter A of chapter 1 (relating to other credits), other than section 27 (relating to taxes of foreign countries and possessions of the United States; possession tax credit). (3) Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits), other than sections 32 (relating to earned income) and 36B (relating to refundable credit for coverage under a qualified health plan). (4) Part VI of subchapter A of chapter 1 (relating to alternative minimum tax). (5) Section 217 (relating to moving expenses). (6) Section 221 (relating to interest on education loans). (7) Section 222 (relating to qualified tuition and related expenses). (8) Chapter 2A (relating to unearned income medicare contribution). (b) Effective date The repeals made by subsection (a) shall take effect for taxable years beginning after December 31, 2015. 206. Establishment of progressive tax rebate (a) In general Section 32 is amended to read as follows: 32. Progressive tax rebate (a) Allowance of credit In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the earned income amount (as determined under subsection (b)), (2) the child benefit amount (as determined under subsection (c)), plus (3) the additional child benefit amount (as determined under subsection (d)). (b) Earned income amount (1) Single workers In the case of an eligible taxpayer (other than a head of a household as defined in section 2(b)) who is not filing a joint return for the taxable year under section 6013, the earned income amount shall be equal to— (A) in the case of a taxpayer whose earned income for the taxable year does not exceed $6,100, 25.1 percent of such earned income, (B) in the case of a taxpayer whose earned income for the taxable year exceeds $6,100 but does not exceed $9,000, $1,530 plus 17.1 percent of such earned income in excess of $6,100, (C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the taxable year exceeds $9,000, but does not exceed $49,494, $2,025 minus 5 percent of such earned income or adjusted gross income in excess of $9,000, or (D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the taxable year exceeds $49,494, $0. (2) Head of household In the case of an eligible taxpayer who is a head of a household (as defined in section 2(b)), the earned income amount shall be equal to— (A) in the case of a taxpayer whose earned income for the taxable year does not exceed $9,150, 25.1 percent of such earned income, (B) in the case of a taxpayer whose earned income for the taxable year exceeds $9,150 but does not exceed $13,500, $2,294 plus 17.1 percent of such earned income in excess of $9,150, (C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the taxable year exceeds $13,500, but does not exceed $74,241, $3,037 minus 5 percent of such earned income or adjusted gross income in excess of $13,500, or (D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) for the taxable year exceeds $74,241, $0. (3) Married filing jointly In the case of an eligible taxpayer filing a joint return under section 6013, the earned income amount shall be determined pursuant to paragraph (1), except that the dollar amounts in effect under such paragraph shall be multiplied by 2. (c) Child benefit amount (1) In general In the case of an eligible taxpayer with a qualifying child, the child benefit amount shall be equal to 15 percent of the earned income of such taxpayer for the taxable year. (2) Limitations (A) Limitation based on number of children The child benefit amount determined under paragraph (1) shall not exceed an amount equal to the product of— (i) the number of qualifying children of the taxpayer, multiplied by (ii) $1,590. (B) Reduction based on earnings or adjusted gross income The child benefit amount determined under this subsection (as determined after application of subparagraph (A)) shall be reduced (but not below zero) by an amount equal to 5 percent of the earned income (or, if greater, the adjusted gross income) of the taxpayer for the taxable year in excess of $75,000 ($110,000 in the case of a joint return). (d) Additional child benefit amount (1) In general In the case of an eligible taxpayer with a qualifying child, the additional child benefit amount shall be equal to— (A) in the case of a taxpayer whose earned income for the taxable year does not exceed $20,000, the applicable percentage of such earned income, (B) in the case of a taxpayer whose earned income exceeds $20,000 but does not exceed $25,000, the applicable percentage of $20,000, (C) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) exceeds $25,000 but does not exceed the applicable amount, an amount equal to— (i) the applicable percentage of $20,000, minus (ii) 15 percent of such earned income or adjusted gross income in excess of $25,000, or (D) in the case of a taxpayer whose earned income (or, if greater, adjusted gross income) exceeds the applicable amount, $0. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage is— (A) in the case of a taxpayer with 1 qualifying child, 11 percent, (B) in the case of a taxpayer with 2 qualifying children, 17 percent, and (C) in the case of a taxpayer with 3 or more qualifying children, 19 percent. (3) Applicable amount For purposes of paragraph (1), the applicable amount is— (A) in the case of a taxpayer with 1 qualifying child, $39,667, (B) in the case of a taxpayer with 2 qualifying children, $47,667, and (C) in the case of a taxpayer with 3 or more qualifying children, $50,333. (e) Eligible taxpayer (1) In general The term eligible taxpayer (A) whose principal place of abode is in the United States for more than one-half of such taxable year, and (B) is not a dependent (as defined under section 152) to another taxpayer for any taxable year beginning in the same calendar year as such taxable year. (2) Qualifying child ineligible If an individual is the qualifying child of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall not be treated as an eligible taxpayer for any taxable year of such individual beginning in such calendar year. (3) Exception for taxpayer claiming benefits under section 911 The term eligible taxpayer (4) Limitation on eligibility of nonresident aliens The term eligible taxpayer (5) Identification number requirement No credit shall be allowed under this section to an eligible taxpayer who does not include on the return of tax for the taxable year— (A) such individual's taxpayer identification number, and (B) if the individual is married (within the meaning of section 7703), the taxpayer identification number of such individual's spouse. (6) Taxpayers who do not include TIN, etc., of any qualifying child No credit shall be allowed under this section to any eligible taxpayer who has one or more qualifying children if no qualifying child of such taxpayer is taken into account under subsection (c) or (d) by reason of subsection (f)(4). (7) Treatment of military personnel stationed outside of the United States For purposes of paragraph (1)(A) and subsection (f)(3), the principal place of abode of a member of the Armed Forces of the United States shall be treated as in the United States during any period during which such member is stationed outside the United States while serving on extended active duty with the Armed Forces of the United States. For purposes of the preceding sentence, the term extended active duty (8) Joint return (A) Married individuals In the case of an individual who is married (within the meaning of section 7703), this section shall apply only if a joint return is filed for the taxable year under section 6013. (B) Other In the case of taxpayer filing a joint return under section 6013, such taxpayer shall not be treated as an eligible taxpayer for purposes of this section unless either the taxpayer or the taxpayer's spouse satisfies each of the requirements under this subsection. (f) Qualifying child (1) In general The term qualifying child (2) Married individual The term qualifying child (3) Place of abode For purposes of paragraph (1), the requirements of section 152(c)(1)(B) shall be met only if the principal place of abode is in the United States. (4) Identification requirements (A) In general A qualifying child shall not be taken into account under subsection (c) or (d) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. (B) Other methods The Secretary may prescribe other methods for providing the information described in subparagraph (A). (g) Earned income (1) In general The term earned income (A) wages, salaries, tips, and other employee compensation, but only if such amounts are includible in gross income for the taxable year, plus (B) the amount of the taxpayer's net earnings from self-employment for the taxable year (within the meaning of section 1402(a)), but such net earnings shall be determined with regard to the deduction allowed to the taxpayer by section 164(f). (2) Special rules For purposes of paragraph (1)— (A) no amount received as a pension or annuity shall be taken into account, (B) no amount to which section 871(a) applies (relating to income of nonresident alien individuals not connected with United States business) shall be taken into account, (C) no amount received for services provided by an individual while the individual is an inmate at a penal institution shall be taken into account, (D) no amount described in paragraph (1) received for service performed in work activities as defined in paragraph (4) or (7) of section 407(d) of the Social Security Act to which the taxpayer is assigned under any State program under part A of title IV of such Act shall be taken into account, but only to the extent such amount is subsidized under such State program, and (E) a taxpayer may elect to treat amounts excluded from gross income by reason of section 112 as earned income. (h) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the eligible taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (i) Coordination with certain means-Tested programs For purposes of— (1) the United States Housing Act of 1937, (2) title V of the Housing Act of 1949, (3) section 101 of the Housing and Urban Development Act of 1965, (4) sections 221(d)(3), 235, and 236 of the National Housing Act, and (5) the Food and Nutrition Act of 2008, any refund made to a taxpayer by reason of this section shall not be treated as income (and shall not be taken into account in determining resources for the month of its receipt and the following month). (j) Amount of credit To be determined under tables The amount of the credit allowed by this section shall be determined under tables prescribed by the Secretary. (k) Denial of credit for individuals having excessive investment income (1) In general No credit shall be allowed under subsection (a) for the taxable year if the aggregate amount of disqualified income of the taxpayer for the taxable year exceeds $5,000. (2) Disqualified income For purposes of paragraph (1), the term disqualified income (A) interest or dividends to the extent includible in income for the taxable year, (B) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, (C) the excess (if any) of— (i) gross income from rents or royalties not derived in the ordinary course of a trade or business, over (ii) the sum of— (I) the deductions (other than interest) which are clearly and directly allocable to such gross income, plus (II) interest deductions properly allocable to such gross income, (D) the capital gain net income (as defined in section 1222) of the taxpayer for such taxable year, and (E) the excess (if any) of— (i) the aggregate income from all passive activities for the taxable year (determined without regard to any amount included in earned income under subsection (f) or described in a preceding subparagraph), over (ii) the aggregate losses from all passive activities for the taxable year (as so determined). (3) Passive activity For purposes of paragraph (2)(E), the term passive activity (l) Inflation adjustments (1) In general In the case of any taxable year beginning after 2015, each of the dollar amounts in subsections (b), (c), (d), and (j)(1) shall each 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, determined by substituting calendar year 2014 calendar year 1992 (2) Rounding If any dollar amount in subsections (b), (c), (d), and (j)(1), after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the nearest multiple of $100. (m) Restrictions on taxpayers who improperly claimed credit in prior year (1) Taxpayers making prior fraudulent or reckless claims (A) In general No credit shall be allowed under this section for any taxable year in the disallowance period. (B) Disallowance period For purposes of subparagraph (A), the disallowance period is— (i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and (ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). (2) Taxpayers making improper prior claims In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit. . (b) Conforming amendments (1) Section 86(f)(2) is amended by striking section 32(c)(2) section 32(g) (2) Section 129(e)(2) is amended by striking section 32(c)(2) section 32(g) (3) Section 6213(g)(2) is amended— (A) in subparagraph (G), by striking section 32(c)(2)(A) section 32(g)(1) (B) in subparagraph (K), by striking section 32(k)(2) section 32(m)(2) (4) Paragraph (2) of section 1324(b) 32, 25A, (5) The table of sections for subpart C of part IV of subchapter A of chapter 1 of subtitle A is amended by striking the item relating to section 32 and inserting the following: Sec. 32. Progressive tax rebate. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 207. Technical and conforming amendments The Secretary of the Treasury or the Secretary’s delegate shall, not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the purposes of the provisions of, and amendments made by, this title. B Corporate tax reforms 211. Corporate income tax rate reduction (a) In general Subsection (b) of section 11 is amended to read as follows: (b) Amount of tax The amount of the tax imposed by subsection (a) shall be an amount equal to 17 percent of the taxable income. . (b) Conforming amendment Section 1551 is amended— (1) by striking benefits of the graduated corporate rates and (2) by striking the benefits of the rates contained in section 11(b) which are lower than the highest rate specified in such section, or (3) by striking such benefits or credit such credit (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. III Refund of excess consumption tax revenue 301. Refunds of excess consumption tax revenue (a) In general Subchapter B of chapter 65 is amended by adding at the end the following new section: 6433. Refunds of excess consumption tax revenue (a) In general In the case of any qualifying excess consumption tax revenue year, the Secretary shall pay to each eligible filer an amount equal to the consumption tax refund amount. (b) Qualifying excess consumption tax revenue year For purposes of this section— (1) In general The term qualifying excess consumption tax revenue year (2) Net consumption tax revenues The net consumption tax revenues for any calendar year shall be the excess of— (A) the tax imposed under section 3901 with respect to taxable supplies the tax point for which is during such calendar year, over (B) the credits allowed under section 3916 for such calendar year. (3) Gross domestic product The gross domestic product for any calendar year shall be the last estimate of the gross domestic product for such calendar year by the Department of Commerce which is published before the date that is 3 months after the close of such calendar year. (c) Eligible filer For purposes of this section— (1) Definition (A) In general The term eligible filer (B) Exclusion The term eligible filer (i) any nonresident alien individual, (ii) any individual who is a dependent (as defined in section 152) of another taxpayer for the individual's qualifying rebate taxable year, or (iii) an estate or trust. (2) Qualifying rebate taxable year The term qualifying rebate taxable year (3) Identification requirement (A) In general An individual shall not be treated as an eligible filer for any year unless such individual includes on the return of tax for such year— (i) such individual's valid identification number, (ii) in the case of a joint return, the valid identification number of such individual's spouse, and (iii) the valid identification number of any qualifying child (as defined in section 32(f)) claimed on such return. (B) Valid identification number For purposes of subparagraph (A), the term valid identification number (C) Special rule for members of the Armed Forces Subparagraph (A) shall not apply to a joint return where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year. (d) Consumption tax refund amount (1) In general The consumption tax refund amount for any eligible filer for any qualifying excess consumption tax year shall be the product of— (A) the applicable amount, times (B) the applicable shares of the eligible filer. (2) Applicable amount The applicable amount for any qualifying excess revenue consumption tax year is an amount equal to— (A) the excess described in subsection (b)(1), divided by (B) the total number of applicable shares of all eligible filers for such year. (3) Applicable share The number of applicable shares for any eligible filer shall be the sum of— (A) 1 (2 in the case of a joint return), plus (B) ½ of the number of qualifying children (as defined in section 32(f)) claimed on the eligible filer's return for the filer's qualifying rebate taxable year. (e) Time for payment Payments under subsection (a) shall be made as soon as practical after the Secretary has determined the consumption tax refund amount. . (b) Conforming amendments (1) Section 1324(b)(2) or 6431 6431, or 6433 (2) The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: Sec. 6433. Refunds of excess consumption tax revenue. . (c) Effective date The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act. | Progressive Consumption Tax Act of 2014 |
Ensuring Enhanced Access to Primary Care Act - Extends through calendar 2016 the requirement that state plans under title XIX (Medicaid) of the Social Security Act provide for payment of 100% of the payment rate for primary care services. Adds physicians with primary specialties in neurology, psychiatry, obstetrics and gynecology to the types of those eligible for reimbursement for providing such services. | 113 S3007 IS: Ensuring Enhanced Access to Primary Care Act U.S. Senate 2014-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3007 IN THE SENATE OF THE UNITED STATES December 11, 2014 Ms. Klobuchar Mr. Heinrich Committee on Finance A BILL To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. 1. Short title This Act may be cited as the Ensuring Enhanced Access to Primary Care Act 2. Extension of application of Medicare payment rate floor to primary care services furnished under Medicaid and application to additional providers (a) In general Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) (1) by striking in 2013 and 2014 on or after January 1, 2013, and before January 1, 2017, (2) by inserting neurology, psychiatry, obstetrics and gynecology, general internal medicine, (b) Conforming amendment Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) January 1, 2015 January 1, 2017 (c) Effective date The amendments made by this section shall apply to items and services furnished on or after the first day of the first calendar quarter that begins after the date of the enactment of this Act. | Ensuring Enhanced Access to Primary Care Act |
Advance Planning and Compassionate Care Act of 2014 - Directs the Centers for Disease Control and Prevention (CDC) to establish and operate directly, or by grant, contract, or interagency agreement, a 24-hour toll free telephone hotline to provide consumer information regarding advance care planning, which is the process of determining an individual's wishes for care in the future when the individual is no longer able to express his or her wishes. Directs the Department of Health and Human Services (HHS) to develop an online clearinghouse to provide comprehensive information on advance care planning and pediatric advance care planning. Directs HHS to develop an online advance care planning toolkit for availability on specified websites. Requires the CDC, directly or through grants, contracts, or interagency agreements, to develop a national campaign to inform the public of the importance of advance care planning and of the right of individuals to direct their health care decisions. Directs HHS and the Social Security Administration to update the online versions of the "Plan Ahead for Long-Term Care" section of the Medicare & You Handbook and the Social Security Handbook to include information about advance care planning and advance directives and provide this information in subsequently published paper and online versions. Amends the Legal Services Corporation Act to authorize financial and legal assistance for advance care planning. Directs HHS to award grants to states for certain state health insurance assistance programs to provide advance care planning services to Medicare beneficiaries, their personal representatives, and their families. Authorizes Medicaid transformation grants for advance care planning and advance care planning community training grants. Directs HHS to make grants to establish new or expand existing state or local programs for orders regarding life sustaining treatment. Directs the Centers for Medicare & Medicaid Services (CMS) and the Agency for Healthcare Research and Quality, to establish a website for providers under Medicare, Medicaid, the Children's Health Insurance Program (CHIP), the Indian Health Service, and other public health providers on each individual's right to make decisions concerning medical care, including the right to refuse treatment, and the existence of advance directives, which are legal documents that indicate an individual's wishes regarding medical treatment in the event of future incompetence (e.g., living will). Requires the Health Resources and Services Administration to develop a curriculum for continuing education that states may adopt for physicians and nurses on advance care planning and end-of-life care. Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (CHIP) of the Social Security Act with respect to inclusion of advance directives in patient medical records, discussion of advance directives with patients, the portability of advance directives, and actual knowledge of a patient's desires. Amends the Public Health Service Act (PHSA) to require the CDC to award competitive grants to establish and operate state advance directive registries to store and make available to medical providers advance directive documents. Requires the CDC to award grants to states to establish a mechanism to include notice of an advance directive on driver's licenses. Requires various specified studies and reports to Congress by the Government Accountability Office and HHS.Amends the PHSA to direct HHS to establish within the National Health Service Corps a National Geriatric and Palliative Care Services Corps to provide geriatric and palliative care services in health professional shortage areas. Exempts palliative medicine fellowship training from Medicare graduate medical education caps. Directs HHS to establish guidelines for the imposition by medical schools of a minimum amount of end-of-life training as a requirement for obtaining a Doctor of Medicine degree in the field of allopathic or osteopathic medicine. Authorizes coverage of advance care planning under Medicare, Medicaid, and CHIP. Revises Medicare requirements for hospice payments and related matters. Allows Medicare to make payments for an individual's hospice care and treatments for their terminal illness if the individual is 18 years of age or younger. Makes hospice care a required Medicaid and CHIP benefit. Requires CMS, HHS, and the CDC to survey patient satisfaction with end-of-life care, hospice programs, and end-of-life care, respectively. Directs the Agency for Healthcare Research and Quality to designate an entity to develop requirements, standards, and procedures for accreditation of hospital-based palliative care programs. Amends the PHSA to establish, within the National Institutes of Health, a National Center on Palliative and End-of-Life Care. Directs HHS to establish a demonstration program for the use of telemedicine services in advance care planning. | 113 S3009 IS: Advance Planning and Compassionate Care Act of 2014 U.S. Senate 2014-12-12 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. 3009 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Blumenthal Mr. Rockefeller Committee on Finance A BILL To improve end-of-life care. 1. Short title; table of contents (a) Short title This Act may be cited as the Advance Planning and Compassionate Care Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Advance Care Planning Subtitle A—Consumer and Provider Education Part I—Consumer Education SUBPART A—National initiatives Sec. 101. Advance care planning telephone hotline. Sec. 102. Advance care planning information clearinghouses. Sec. 103. Advance care planning toolkit. Sec. 104. National public education campaign. Sec. 105. Update of Medicare and Social Security handbooks. Sec. 106. Authorization of appropriations. SUBPART B—State and local initiatives Sec. 111. Financial assistance for advance care planning. Sec. 112. Grants for programs for orders regarding life sustaining treatment. Part II—Provider Education Sec. 121. Public provider advance care planning website. Sec. 122. Continuing education for physicians and nurses. Subtitle B—Portability of Advance Directives; Health Information Technology Sec. 131. Portability of advance directives. Sec. 132. State advance directive registries; driver's license advance directive notation. Sec. 133. GAO study and report on establishment of national advance directive registry. Subtitle C—National Uniform Policy on Advance Care Planning Sec. 141. Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives. TITLE II—Compassionate Care Subtitle A—Workforce development Part I—Education and training Sec. 201. National Geriatric and Palliative Care Services Corps. Sec. 202. Exemption of palliative medicine fellowship training from Medicare graduate medical education caps. Sec. 203. Medical school curricula. Subtitle B—Coverage under Medicare, Medicaid, and CHIP Part I—Coverage of advance care planning Sec. 211. Medicare, Medicaid, and CHIP coverage. Part II—Hospice Sec. 221. Adoption of MedPAC hospice payment methodology recommendations. Sec. 222. Removing hospice inpatient days in setting per diem rates for critical access hospitals. Sec. 223. Hospice payments for dual eligible individuals residing in long-term care facilities. Sec. 224. Delineation of respective care responsibilities of hospice programs and long-term care facilities. Sec. 225. Adoption of MedPAC hospice program eligibility certification and recertification recommendations. Sec. 226. Concurrent care for children. Sec. 227. Making hospice a required benefit under Medicaid and CHIP. Sec. 228. Medicare Hospice payment model demonstration projects. Sec. 229. MedPAC studies and reports. Sec. 230. HHS Evaluations. Subtitle C—Quality Improvement Sec. 241. Patient satisfaction surveys. Sec. 242. Development of core end-of-life care quality measures across each relevant provider setting. Sec. 243. Accreditation of hospital-based palliative care programs. Sec. 244. Survey and data requirements for all Medicare participating hospice programs. Subtitle D—Additional reports, research, and evaluations Sec. 251. National Center On Palliative and End-of-Life Care. Sec. 252. National Mortality Followback Survey. Sec. 253. Demonstration projects for use of telemedicine services in advance care planning. Sec. 254. Inspector General investigation of fraud and abuse. Sec. 255. GAO study and report on provider adherence to advance directives. 2. Definitions In this Act: (1) Advance care planning The term advance care planning (A) determining an individual’s priorities, values and goals for care in the future when the individual is no longer able to express his or her wishes; (B) engaging family members, health care proxies, and health care providers in an ongoing dialogue about— (i) the individual’s wishes for care; (ii) what the future may hold for people with serious illnesses or injuries; (iii) how individuals, their health care proxies, and family members want their beliefs and preferences to guide care decisions; and (iv) the steps that individuals and family members can take regarding, and the resources available to help with, finances, family matters, spiritual questions, and other issues that impact seriously ill or dying patients and their families; and (C) executing and updating advance directives and appointing a health care proxy. (2) Advance directive The term advance directive (3) CHIP The term CHIP 42 U.S.C. 1397aa et seq. (4) End-of-life-care The term end-of-life care (5) Health care power of attorney The term health care power of attorney (6) Living will The term living will (A) used to specify the type of medical care (including any type of medical treatment, including life-sustaining procedures if that person becomes permanently unconscious or is otherwise dying) that an individual wants provided or withheld in the event the individual cannot speak for himself or herself and cannot express his or her wishes; and (B) that requires a physician to honor the provisions of upon receipt or to transfer the care of the individual covered by the document to another physician that will honor such provisions. (7) Medicaid The term Medicaid 42 U.S.C. 1396 et seq. (8) Medicare The term Medicare 42 U.S.C. 1395 et seq. (9) Orders for life-sustaining treatment The term orders for life-sustaining treatment (10) Palliative care The term palliative care (11) Secretary The term Secretary I Advance Care Planning A Consumer and Provider Education I Consumer Education A National initiatives 101. Advance care planning telephone hotline (a) In general Not later than January 1, 2016, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and operate directly, or by grant, contract, or interagency agreement, a 24-hour toll-free telephone hotline to provide consumer information regarding advance care planning, including— (1) an explanation of advanced care planning and its importance; (2) issues to be considered when developing an individual's advance care plan; (3) how to establish an advance directive; (4) procedures to help ensure that an individual's directives for end-of-life care are followed; (5) Federal and State-specific resources for assistance with advance care planning; and (6) hospice and palliative care (including their respective purposes and services). (b) Establishment In carrying out the requirements under subsection (a), the Director of the Centers for Disease Control and Prevention may designate an existing 24-hour toll-free telephone hotline or, if no such service is available or appropriate, establish a new 24-hour toll-free telephone hotline. 102. Advance care planning information clearinghouses (a) Expansion of National Clearinghouse for Long-Term Care Information (1) Development Not later than January 1, 2015, the Secretary shall develop an online clearinghouse to provide comprehensive information regarding advance care planning. (2) Maintenance The advance care planning clearinghouse, which shall be clearly identifiable and available on the homepage of the Department of Health and Human Service's National Clearinghouse for Long-Term Care Information website, shall be maintained and publicized by the Secretary on an ongoing basis. (3) Content The advance care planning clearinghouse shall include— (A) any relevant content contained in the national public education campaign required under section 104; (B) content addressing— (i) an explanation of advanced care planning and its importance; (ii) issues to be considered when developing an individual's advance care plan; (iii) how to establish an advance directive; (iv) procedures to help ensure that an individual's directives for end-of-life care are followed; and (v) hospice and palliative care (including their respective purposes and services); (C) available Federal and State-specific resources for assistance with advance care planning, including— (i) contact information for any State public health departments that are responsible for issues regarding end-of-life care; (ii) contact information for relevant legal service organizations, including those funded under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (iii) advance directive forms for each State; and (D) any additional information, as determined by the Secretary. (b) Establishment of pediatric advance care planning clearinghouse (1) Development Not later than January 1, 2016, the Secretary, in consultation with the Assistant Secretary for Children and Families of the Department of Health and Human Services, shall develop an online clearinghouse to provide comprehensive information regarding pediatric advance care planning. (2) Maintenance The pediatric advance care planning clearinghouse, which shall be clearly identifiable on the homepage of the Administration for Children and Families website, shall be maintained and publicized by the Secretary on an ongoing basis. (3) Content The pediatric advance care planning clearinghouse shall provide advance care planning information specific to children with life-threatening illnesses or injuries and their families. 103. Advance care planning toolkit (a) Development Not later than July 1, 2015, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop an online advance care planning toolkit. (b) Maintenance The advance care planning toolkit, which shall be available in English, Spanish, and any other languages that the Secretary deems appropriate, shall be maintained and publicized by the Secretary on an ongoing basis and made available on the websites of the following agencies: (1) The Centers for Disease Control and Prevention. (2) The Department of Health and Human Service's National Clearinghouse for Long-Term Care Information. (3) The Administration for Children and Families. (c) Content The advance care planning toolkit shall include content addressing— (1) common issues and questions regarding advance care planning, including individuals and resources to contact for further inquiries; (2) advance directives and their uses, including living wills and durable powers of attorney; (3) the roles and responsibilities of a health care proxy; (4) Federal and State-specific resources to assist individuals and their families with advance care planning, including— (A) the advance care planning toll-free telephone hotline established under section 101; (B) the advance care planning clearinghouses established under section 102; (C) the advance care planning toolkit established under this section; (D) available State legal service organizations to assist individuals with advance care planning, including those organizations that receive funding pursuant to the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (E) website links or addresses for State-specific advance directive forms; and (5) any additional information, as determined by the Secretary. 104. National public education campaign (a) National public education campaign (1) In general Not later than January 1, 2016, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, directly or through grants, contracts, or interagency agreements, develop and implement a national campaign to inform the public of the importance of advance care planning and of an individual's right to direct and participate in their health care decisions. (2) Content of Educational Campaign The national public education campaign established under paragraph (1) shall— (A) employ the use of various media, including regularly televised public service announcements; (B) provide culturally and linguistically appropriate information; (C) be conducted continuously over a period of not less than 5 years; (D) identify and promote the advance care planning information available on the Department of Health and Human Service's National Clearinghouse for Long-Term Care Information website and Administration for Children and Families website, as well as any other relevant Federal or State-specific advance care planning resources; (E) raise public awareness of the consequences that may result if an individual is no longer able to express or communicate their health care decisions; (F) address the importance of individuals speaking to family members, health care proxies, and health care providers as part of an ongoing dialogue regarding their health care choices; (G) address the need for individuals to obtain readily available legal documents that express their health care decisions through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); (H) raise public awareness regarding the availability of hospice and palliative care; and (I) encourage individuals to speak with their physicians about their options and intentions for end-of-life care. (3) Evaluation (A) In General Not later than July 1, 2018, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct a nationwide survey to evaluate whether the national campaign conducted under this subsection has achieved its goal of changing public awareness, attitudes, and behaviors regarding advance care planning. (B) Baseline Survey In order to evaluate the effectiveness of the national campaign, the Secretary shall conduct a baseline survey prior to implementation of the campaign. (C) Reporting Requirement Not later than December 31, 2018, the Secretary shall report the findings of such survey, as well as any recommendations that the Secretary determines appropriate regarding the need for continuation or legislative or administrative changes to facilitate changing public awareness, attitudes, and behaviors regarding advance care planning, to the appropriate committees of the Congress. (b) Repeal Section 4751(d) of the Omnibus Budget Reconciliation Act of 1990 ( 42 U.S.C. 1396a Public Law 101–508 105. Update of Medicare and Social Security handbooks (a) Medicare & You handbook (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall update the online version of the Plan Ahead for Long-Term Care (A) an explanation of advance care planning and advance directives, including— (i) living wills; (ii) health care proxies; and (iii) after-death directives; (B) Federal and State-specific resources to assist individuals and their families with advance care planning, including— (i) the advance care planning toll-free telephone hotline established under section 101; (ii) the advance care planning clearinghouses established under section 102; (iii) the advance care planning toolkit established under section 103; (iv) available State legal service organizations to assist individuals with advance care planning, including those organizations that receive funding pursuant to the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (v) website links or addresses for State-specific advance directive forms; and (C) any additional information, as determined by the Secretary. (2) Update of paper and subsequent versions The Secretary shall include the information described in paragraph (1) in all paper and electronic versions of the Medicare & You Handbook that are published on or after the date that is 60 days after the date of enactment of this Act. (b) Social Security handbook The Commissioner of Social Security shall— (1) not later than 60 days after the date of enactment of this Act, update the online version of the Social Security Handbook for beneficiaries to include the information described in subsection (a)(1); and (2) include such information in all paper and online versions of such handbook that are published on or after the date that is 60 days after the date of enactment of this Act. 106. Authorization of appropriations There is authorized to be appropriated for the period of fiscal years 2015 through 2019— (1) $195,000,000 to the Secretary to carry out sections 101, 102, 103, 104 and 105(a); and (2) $5,000,000 to the Commissioner of Social Security to carry out section 105(b). B State and local initiatives 111. Financial assistance for advance care planning (a) Legal assistance for advance care planning (1) Definition of recipient Section 1002(6) of the Legal Services Corporation Act ( 42 U.S.C. 2996a(6) clause (A) of subparagraph (A) or (B) of (2) Advance care planning Section 1006 of the Legal Services Corporation Act (42 U.S.C. 2996e) is amended— (A) in subsection (a)(1)— (i) by striking title, and (B) to make (C) to make ; and (ii) by inserting after subparagraph (A) the following: (B) to provide financial assistance, and make grants and contracts, as described in subparagraph (A), on a competitive basis for the purpose of providing legal assistance in the form of advance care planning (as defined in section 3 of the Advance Planning and Compassionate Care Act of 2014 ; and (B) in subsection (b), by adding at the end the following: (2) Advance care planning provided in accordance with subsection (a)(1)(B) shall not be construed to violate the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.). . (3) Reports Section 1008(a) of the Legal Services Corporation Act ( 42 U.S.C. 2996g(a) The Corporation shall require such a report, on an annual basis, from each grantee, contractor, or other recipient of financial assistance under section 1006(a)(1)(B). (4) Authorization of appropriations Section 1010 of the Legal Services Corporation Act ( 42 U.S.C. 2996i (A) in subsection (a)— (i) by striking (a) (a)(1) (ii) in the last sentence, by striking Appropriations for that purpose (3) Appropriations for a purpose described in paragraph (1) or (2) ; and (iii) by inserting before paragraph (3) (as designated by clause (ii)) the following: (2) There are authorized to be appropriated to carry out section 1006(a)(1)(B), $10,000,000 for each of fiscal years 2015, 2016, 2017, 2018, and 2019. ; and (B) in subsection (d), by striking subsection (a) subsection (a)(1) (5) Effective date This subsection and the amendments made by this subsection take effect July 1, 2015. (b) State health insurance assistance programs (1) In general The Secretary shall use amounts made available under paragraph (3) to award grants to States for State health insurance assistance programs receiving assistance under section 4360 of the Omnibus Budget Reconciliation Act of 1990 to provide advance care planning services to Medicare beneficiaries, personal representatives of such beneficiaries, and the families of such beneficiaries. Such services shall include information regarding State-specific advance directives and ways to discuss individual care wishes with health care providers. (2) Requirements (A) Award of grants In making grants under this subsection for a fiscal year, the Secretary shall satisfy the following requirements: (i) Two-thirds of the total amount of funds available under paragraph (3) for a fiscal year shall be allocated among those States approved for a grant under this section that have adopted the Uniform Health-Care Decisions Act drafted by the National Conference of Commissioners on Uniform State Laws and approved and recommended for enactment by all States at the annual conference of such commissioners in 1993. (ii) One-third of the total amount of funds available under paragraph (3) for a fiscal year shall be allocated among those States approved for a grant under this section that have adopted a uniform form for orders regarding life sustaining treatment as defined in section 1861(hhh)(5) of the Social Security Act (as amended by section 211 of this Act) or a comparable approach to advance care planning. (B) Work plan; report As a condition of being awarded a grant under this subsection, a State shall submit the following to the Secretary: (i) An approved plan for expending grant funds. (ii) For each fiscal year for which the State is paid grant funds under this subsection, an annual report regarding the use of the funds, including the number of Medicare beneficiaries served and their satisfaction with the services provided. (C) Limitation No State shall be paid funds from a grant made under this subsection prior to July 1, 2015. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to the Centers for Medicare & Medicaid Services Program Management Account, $12,000,000 for each of fiscal years 2015 through 2019 for purposes of awarding grants to States under paragraph (1). (c) Medicaid transformation grants for advance care planning Section 1903(z) of the Social Security Act ( 42 U.S.C. 1396b(z) (1) in paragraph (2), by adding at the end the following new subparagraph: (G) Methods for improving the effectiveness and efficiency of medical assistance provided under this title by making available to individuals enrolled in the State plan or under a waiver of such plan information regarding advance care planning (as defined in section 3 of the Advance Planning and Compassionate Care Act of 2014 ; (2) in paragraph (3), by adding at the end the following new subparagraph: (D) Work plan required for award of advance care planning grants Payment to a State under this subsection to adopt the innovative methods described in paragraph (2)(G) is conditioned on the State submitting to the Secretary an approved plan for expending the funds awarded to the State under this subsection. ; and (3) in paragraph (4)— (A) in subparagraph (A)— (i) in clause (i), by striking and (ii) in clause (ii), by striking the period at the end and inserting ; and (iii) by inserting after clause (ii), the following new clause: (iii) $20,000,000 for each of fiscal years 2015 through 2019. ; and (B) by striking subparagraph (B), and inserting the following: (B) Allocation of funds The Secretary shall specify a method for allocating the funds made available under this subsection among States awarded a grant for fiscal year 2015, 2016, 2017, 2018, or 2019. Such method shall provide that— (i) 100 percent of such funds for each of fiscal years 2015 through 2019 shall be awarded to States that design programs to adopt the innovative methods described in paragraph (2)(G); and (ii) in no event shall a payment to a State awarded a grant under this subsection for fiscal year 2015 be made prior to July 1, 2015. . (d) Advance care planning community training grants (1) In general The Secretary shall use amounts made available under paragraph (3) to award grants to area agencies on aging (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (2) Requirements (A) Use of funds Funds awarded to an area agency on aging under this subsection shall be used to provide advance care planning education and training opportunities for local aging service providers and organizations. (B) Work plan; report As a condition of being awarded a grant under this subsection, an area agency on aging shall submit the following to the Secretary: (i) An approved plan for expending grant funds. (ii) For each fiscal year for which the agency is paid grant funds under this subsection, an annual report regarding the use of the funds, including the number of Medicare beneficiaries served and their satisfaction with the services provided. (C) Limitation No area agency on aging shall be paid funds from a grant made under this subsection prior to July 1, 2015. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to the Centers for Medicare & Medicaid Services Program Management Account, $12,000,000 for each of fiscal years 2015 through 2019 for purposes of awarding grants to area agencies on aging under paragraph (1). (e) Nonduplication of activities The Secretary shall establish procedures to ensure that funds made available under grants awarded under this section or pursuant to amendments made by this section supplement, not supplant, existing Federal funding, and that such funds are not used to duplicate activities carried out under such grants or under other Federally funded programs. 112. Grants for programs for orders regarding life sustaining treatment (a) In general The Secretary shall make grants to eligible entities for the purpose of— (1) establishing new programs for orders regarding life sustaining treatment in States or localities; (2) expanding or enhancing an existing program for orders regarding life sustaining treatment in States or localities; or (3) providing a clearinghouse of information on programs for orders for life sustaining treatment and consultative services for the development or enhancement of such programs. (b) Authorized activities Activities funded through a grant under this section for an area may include— (1) developing such a program for the area that includes home care, hospice, long-term care, community and assisted living residences, skilled nursing facilities, inpatient rehabilitation facilities, hospitals, and emergency medical services within the area; (2) securing consultative services and advice from institutions with experience in developing and managing such programs; and (3) expanding an existing program for orders regarding life sustaining treatment to serve more patients or enhance the quality of services, including educational services for patients and patients' families or training of health care professionals. (c) Distribution of funds In funding grants under this section, the Secretary shall ensure that, of the funds appropriated to carry out this section for each fiscal year— (1) at least two-thirds are used for establishing or developing new programs for orders regarding life sustaining treatment; and (2) one-third is used for expanding or enhancing existing programs for orders regarding life sustaining treatment. (d) Definitions In this section: (1) The term eligible entity (A) an academic medical center, a medical school, a State health department, a State medical association, a multi-State taskforce, a hospital, or a health system capable of administering a program for orders regarding life sustaining treatment for a State or locality; or (B) any other health care agency or entity as the Secretary determines appropriate. (2) The term order regarding life sustaining treatment (3) The term program for orders regarding life sustaining treatment (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2019. II Provider Education 121. Public provider advance care planning website (a) Development Not later than January 1, 2015, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality, shall establish a website for providers under Medicare, Medicaid, the Children's Health Insurance Program, the Indian Health Service (include contract providers) and other public health providers on each individual's right to make decisions concerning medical care, including the right to accept or refuse medical or surgical treatment, and the existence of advance directives. (b) Maintenance The website, shall be maintained and publicized by the Secretary on an ongoing basis. (c) Content The website shall include content, tools, and resources necessary to do the following: (1) Inform providers about the advance directive requirements under the health care programs described in subsection (a) and other State and Federal laws and regulations related to advance care planning. (2) Educate providers about advance care planning quality improvement activities. (3) Provide assistance to providers to— (A) integrate advance directives into electronic health records, including oral directives; and (B) develop and disseminate advance care planning informational materials for their patients. (4) Inform providers about advance care planning continuing education requirements and opportunities. (5) Encourage providers to discuss advance care planning with their patients of all ages. (6) Assist providers' understanding of the continuum of end-of-life care services and supports available to patients, including palliative care and hospice. (7) Inform providers of best practices for discussing end-of-life care with dying patients and their loved ones. 122. Continuing education for physicians and nurses (a) In general Not later than January 1, 2017, the Secretary, acting through the Director of Health Resources and Services Administration, shall develop, in consultation with health care providers and State boards of medicine and nursing, a curriculum for continuing education that States may adopt for physicians and nurses on advance care planning and end-of-life care. (b) Content (1) In general The continuing education curriculum developed under subsection (a) for physicians and nurses shall, at a minimum, include— (A) a description of the meaning and importance of advance care planning; (B) a description of advance directives, including living wills and durable powers of attorney, and the use of such directives; (C) palliative care principles and approaches to care; and (D) the continuum of end-of-life services and supports, including palliative care and hospice. (2) Additional content for physicians The continuing education curriculum for physicians developed under subsection (a) shall include instruction on how to conduct advance care planning with patients and their loved ones. B Portability of Advance Directives; Health Information Technology 131. Portability of advance directives (a) Medicare Section 1866(f) of the Social Security Act (1) in paragraph (1)— (A) in subparagraph (B), by inserting and if presented by the individual, to include the content of such advance directive in a prominent part of such record (B) in subparagraph (D), by striking and (C) in subparagraph (E), by striking the period at the end and inserting ; and (D) by inserting after subparagraph (E) the following new subparagraph: (F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional. ; and (2) by adding at the end the following new paragraph: (5) (A) An advance directive validly executed outside of the State in which such advance directive is presented by an adult individual to a provider of services, a Medicare Advantage organization, or a prepaid or eligible organization shall be given the same effect by that provider or organization as an advance directive validly executed under the law of the State in which it is presented would be given effect. (B) (i) The definition of an advanced directive shall also include actual knowledge of instructions made while an individual was able to express the wishes of such individual with regard to health care. (ii) For purposes of clause (i), the term actual knowledge (C) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient’s wishes, or more latitude in determining a patient’s wishes. . (b) Medicaid Section 1902(w) of the Social Security Act (1) in paragraph (1)— (A) in subparagraph (B)— (i) by striking in the individual’s medical record in a prominent part of the individual’s current medical record (ii) by inserting and if presented by the individual, to include the content of such advance directive in a prominent part of such record (B) in subparagraph (D), by striking and (C) in subparagraph (E), by striking the period at the end and inserting ; and (D) by inserting after subparagraph (E) the following new subparagraph: (F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional. ; and (2) by adding at the end the following paragraph: (6) (A) An advance directive validly executed outside of the State in which such advance directive is presented by an adult individual to a provider or organization shall be given the same effect by that provider or organization as an advance directive validly executed under the law of the State in which it is presented would be given effect. (B) (i) The definition of an advance directive shall also include actual knowledge of instructions made while an individual was able to express the wishes of such individual with regard to health care. (ii) For purposes of clause (i), the term actual knowledge (C) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient’s wishes, or more latitude in determining a patient’s wishes. . (c) CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (1) by redesignating subparagraphs (G) through (O) as subparagraphs (H) through (P), respectively; and (2) by inserting after subparagraph (F) the following: (G) Section 1902(w) (relating to advance directives). . (d) Study and report regarding implementation (1) Study The Secretary shall conduct a study regarding the implementation of the amendments made by subsections (a) and (b). (2) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative actions as the Secretary considers appropriate. (e) Effective dates (1) In general Subject to paragraph (2), the amendments made by subsections (a), (b), and (c) shall apply to provider agreements and contracts entered into, renewed, or extended under title XVIII of the Social Security Act 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (2) Extension of effective date for state law amendment In the case of a State plan under title XIX of the Social Security Act 132. State advance directive registries; Driver's license advance directive notation Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g 399S–1. State advance directive registries (a) State advance directive registry In this section, the term State advance directive registry (1) is available free of charge to residents of a State; and (2) stores advance directive documents and makes such documents accessible to medical service providers in accordance with Federal and State privacy laws. (b) Grant program Beginning on July 1, 2015, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants on a competitive basis to eligible entities to establish and operate, directly or indirectly (by competitive grant or competitive contract), State advance directive registries. (c) Eligible entities (1) In general To be eligible to receive a grant under this section, an entity shall— (A) be a State department of health; and (B) submit to the Director an application at such time, in such manner, and containing— (i) a plan for the establishment and operation of a State advance directive registry; and (ii) such other information as the Director may require. (2) No requirement of notation mechanism The Secretary shall not require that an entity establish and operate a driver's license advance directive notation mechanism for State residents under section 399V to be eligible to receive a grant under this section. (d) Annual report For each year for which an entity receives an award under this section, such entity shall submit an annual report to the Director on the use of the funds received pursuant to such award, including the number of State residents served through the registry. (e) Authorization There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2015 and each fiscal year thereafter. 399S–2. Driver's license advance directive notation (a) In general Beginning July 1, 2015, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants on a competitive basis to States to establish and operate a mechanism for a State resident with a driver's license to include a notice of the existence of an advance directive for such resident on such license. (b) Eligibility To be eligible to receive a grant under this section, a State shall— (1) establish and operate a State advance directive registry under section 399S–1; and (2) submit to the Director an application at such time, in such manner, and containing— (A) a plan that includes a description of how the State will— (i) disseminate information about advance directives at the time of driver’s license application or renewal; (ii) enable each State resident with a driver's license to include a notice of the existence of an advance directive for such resident on such license in a manner consistent with the notice on such a license indicating a driver's intent to be an organ donor; and (iii) coordinate with the State department of health to ensure that, if a State resident has an advance directive notice on his or her driver's license, the existence of such advance directive is included in the State registry established under section 399S–1; and (B) any other information as the Director may require. (c) Annual report For each year for which a State receives an award under this section, such State shall submit an annual report to the Director on the use of the funds received pursuant to such award, including the number of State residents served through the mechanism. (d) Authorization There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2015 and each fiscal year thereafter. . 133. GAO Study and Report on Establishment of National Advance Directive Registry (a) Study The Comptroller General of the United States shall conduct a study on the feasibility of a national registry for advance directives, taking into consideration the constraints created by the privacy provisions enacted as a result of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General of the United States determines to be appropriate. C National Uniform Policy on Advance Care Planning 141. Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives (a) Study (1) In general The Secretary, acting through the Office of the Assistant Secretary for Planning and Evaluation, shall conduct a thorough study of all matters relating to the establishment and implementation of a national uniform policy on advance directives for individuals receiving items and services under titles XVIII, XIX, or XXI of the Social Security Act (2) Matters studied The matters studied by the Secretary under paragraph (1) shall include issues concerning— (A) family satisfaction that a patient’s wishes, as stated in the patient’s advance directive, were carried out; (B) the portability of advance directives, including cases involving the transfer of an individual from 1 health care setting to another; (C) immunity from civil liability and criminal responsibility for health care providers that follow the instructions in an individual’s advance directive that was validly executed in, and consistent with the laws of, the State in which it was executed; (D) conditions under which an advance directive is operative; (E) revocation of an advance directive by an individual; (F) the criteria used by States for determining that an individual has a terminal condition; (G) surrogate decisionmaking regarding end-of-life care; (H) the provision of adequate palliative care (as defined in paragraph (3)), including pain management; (I) adequate and timely referrals to hospice care programs; and (J) the end-of-life care needs of children and their families. (3) Palliative care For purposes of paragraph (2)(H), the term palliative care (b) Report to congress Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative actions as the Secretary considers appropriate. (c) Consultation In conducting the study and developing the report under this section, the Secretary shall consult with the Uniform Law Commissioners, and other interested parties. II Compassionate Care A Workforce development I Education and training 201. National Geriatric and Palliative Care Services Corps Section 331 of the Public Health Service Act ( 42 U.S.C. 254d (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i), the following: (j) National Geriatric and Palliative Care Services Corps (1) Establishment Not later than January 1, 2017, the Secretary shall establish within the National Health Service Corps a National Geriatric and Palliative Care Services Corps (referred to in this subsection as the Corps (A) such officers of the Regular and Reserve Corps of the Service as the Secretary may designate; (B) such civilian employees of the United States as the Secretary may appoint; and (C) such other individuals who are not employees of the United States. (2) Duties The Corps shall be utilized by the Secretary to provide geriatric and palliative care services within health professional shortage areas. (3) Application of provisions The loan-forgiveness, scholarship, and direct financial incentives programs provided for under this section shall apply to physicians, nurses, and other health professionals (as identified by the Secretary) with respect to the training necessary to enable such individuals to become geriatric or palliative care specialists and provide geriatric and palliative care services in health professional shortage areas. (4) Report Not later than 6 months prior to the date on which the Secretary establishes the Corps under paragraph (1), the Secretary shall submit to Congress a report concerning the organization of the Corps, the application process for membership in the Corps, and the funding necessary for the Corps (targeted by profession and by specialization). . 202. Exemption of palliative medicine fellowship training from Medicare graduate medical education caps (a) Direct graduate medical education Section 1886(h)(4)(F) of the Social Security Act (1) in clause (i), by inserting clause (iii) and subject to (2) by adding at the end the following new clause: (iii) Increase allowed for palliative medicine fellowship training For cost reporting periods beginning on or after January 1, 2016, in applying clause (i), there shall not be taken into account full-time equivalent residents in the field of allopathic or osteopathic medicine who are in palliative medicine fellowship training that is approved by the Accreditation Council for Graduate Medical Education. . (b) Indirect Medical Education Section 1886(d)(5)(B) of the Social Security Act (1) by redesignating the second clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) by adding at the end the following new clause: (xii) Clause (iii) of subsection (h)(4)(F) shall apply to clause (v) in the same manner and for the same period as such clause (iii) applies to clause (i) of such subsection. . 203. Medical school curricula (a) In general The Secretary, in consultation with the Association of American Medical Colleges, shall establish guidelines for the imposition by medical schools of a minimum amount of end-of-life training as a requirement for obtaining a Doctor of Medicine degree in the field of allopathic or osteopathic medicine. (b) Training Under the guidelines established under subsection (a), minimum training shall include— (1) training in how to discuss and help patients and their loved ones with advance care planning; (2) with respect to students and trainees who will work with children, specialized pediatric training; (3) training in the continuum of end-of-life services and supports, including palliative care and hospice; (4) training in how to discuss end-of-life care with dying patients and their loved ones; and (5) medical and legal issues training. (c) Distribution Not later than January 1, 2016, the Secretary shall disseminate the guidelines established under subsection (a) to medical schools. (d) Compliance Effective beginning not later than July 1, 2017, a medical school that is receiving Federal assistance shall be required to implement the guidelines established under subsection (a). A medical school that the Secretary determines is not implementing such guidelines shall not be eligible for Federal assistance. B Coverage under Medicare, Medicaid, and CHIP I Coverage of advance care planning 211. Medicare, Medicaid, and CHIP coverage (a) Medicare (1) In general Section 1861 of the Social Security Act 42 U.S.C. 1395x (A) in subsection (s)(2)— (i) by striking and (ii) by adding and (iii) by adding at the end the following new subparagraph: (GG) advance care planning consultation (as defined in subsection (iii)(1)); ; and (B) by adding at the end the following new subsection: (iii) Advance care planning consultation (1) Subject to paragraphs (3) and (4), the term advance care planning consultation (A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to. (B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses. (C) An explanation by the practitioner of the role and responsibilities of a health care proxy. (D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act). (E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title. (F) (i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include— (I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes; (II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and (III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy). (ii) The Secretary may limit the requirement for explanations under clause (i) to consultations furnished in States, localities, or other geographic areas in which orders described in such clause have been widely adopted. (2) A practitioner described in this paragraph is— (A) a physician (as defined in subsection (r)(1)); and (B) a nurse practitioner or physician's assistant who has the authority under State law to sign orders for life sustaining treatments. (3) (A) An initial preventive physical examination under subsection (ww), including any related discussion during such examination, shall not be considered an advance care planning consultation for purposes of applying the 5-year limitation under paragraph (1). (B) An advance care planning consultation with respect to an individual shall be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program. (4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order. (5) (A) For purposes of this section, the term order regarding life sustaining treatment (i) is signed and dated by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional’s authority under State law in signing such an order) and is in a form that permits it to stay with the patient and be followed by health care professionals and providers across the continuum of care, including home care, hospice, long-term care, community and assisted living residences, skilled nursing facilities, inpatient rehabilitation facilities, hospitals, and emergency medical services; (ii) effectively communicates the individual’s preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual; (iii) is uniquely identifiable and standardized within a given locality, region, or State (as identified by the Secretary); (iv) is portable across care settings; and (v) may incorporate any advance directive (as defined in section 1866(f)(3)) if executed by the individual. (B) The level of treatment indicated under subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items— (i) the intensity of medical intervention if the patient is pulseless, apneic, or has serious cardiac or pulmonary problems; (ii) the individual’s desire regarding transfer to a hospital or remaining at the current care setting; (iii) the use of antibiotics; and (iv) the use of artificially administered nutrition and hydration. . (2) Payment Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) (2)(GG), (including administration of the health risk assessment), (3) Frequency Limitation Section 1862(a) of the Social Security Act 42 U.S.C. 1395y(a) (A) in paragraph (1)— (i) in subparagraph (O), by striking and (ii) in subparagraph (P), by striking the semicolon at the end and inserting , and (iii) by adding at the end the following new subparagraph: (Q) in the case of advance care planning consultations (as defined in section 1861(iii)(1)), which are performed more frequently than is covered under such section; ; and (B) in paragraph (7), by striking or (P) (P), or (Q) (4) Effective Date The amendments made by this subsection shall apply to consultations furnished on or after January 1, 2016. (b) Medicaid (1) Mandatory benefit Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the matter preceding clause (i) by striking and (28) (28), and (29) (2) Medical assistance Section 1905 of such Act ( 42 U.S.C. 1396d (A) in subsection (a)— (i) in paragraph (28), by striking and (ii) by redesignating paragraph (29) as paragraph (30); and (iii) by inserting after paragraph (28) the following new paragraph: (29) advance care planning consultations (as defined in subsection (ee)); ; and (B) by adding at the end the following: (ee) (1) For purposes of subsection (a)(29), the term advance care planning consultation (A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to. (B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses. (C) An explanation by the practitioner of the role and responsibilities of a health care proxy. (D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act). (E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title. (F) (i) Subject to clause (ii), an explanation of orders for life sustaining treatments or similar orders, which shall include— (I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes; (II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and (III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy). (ii) The Secretary may limit the requirement for explanations under clause (i) to consultations furnished in States, localities, or other geographic areas in which orders described in such clause have been widely adopted. (2) A practitioner described in this paragraph is— (A) a physician (as defined in section 1861(r)(1)); and (B) a nurse practitioner or physician's assistant who has the authority under State law to sign orders for life sustaining treatments. (3) An advance care planning consultation with respect to an individual shall be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program. (4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order. (5) For purposes of this subsection, the term orders regarding life sustaining treatment . (c) CHIP (1) Child health assistance Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj) is amended— (A) by redesignating paragraph (28) as paragraph (29); and (B) by inserting after paragraph (27), the following: (28) Advance care planning consultations (as defined in section 1905(ee)). . (2) Mandatory coverage (A) In general Section 2103 of such Act ( 42 U.S.C. 1397cc (i) in subsection (a), in the matter preceding paragraph (1), by striking and (7) (7), and (9) (ii) in subsection (c), by adding at the end the following: (9) End-of-life care The child health assistance provided to a targeted low-income child shall include coverage of advance care planning consultations (as defined in section 1905(ee) and at the same payment rate as the rate that would apply to such a consultation under the State plan under title XIX). . (B) Conforming amendment Section 2102(a)(7)(B) of such Act (42 U.S.C. 1397bb(a)(7)(B)) is amended by striking section 2103(c)(5) paragraphs (5) and (9) of section 2103(c) (d) Definition of advance directive under Medicare, Medicaid, and CHIP (1) Medicare Section 1866(f)(3) of the Social Security Act ( 42 U.S.C. 1395cc(f)(3) means means a living will, medical directive, health care power of attorney, durable power of attorney, or other written statement by a competent individual that is recognized under State law and indicates the individual's wishes regarding medical treatment in the event of future incompetence. Such term includes an advance health care directive and a health care directive recognized under State law. (2) Medicaid and chip Section 1902(w)(4) of such Act ( 42 U.S.C. 1396a(w)(4) means means a living will, medical directive, health care power of attorney, durable power of attorney, or other written statement by a competent individual that is recognized under State law and indicates the individual's wishes regarding medical treatment in the event of future incompetence. Such term includes an advance health care directive and a health care directive recognized under State law. (e) Effective date The amendments made by this section take effect January 1, 2015. II Hospice 221. Adoption of MedPAC hospice payment methodology recommendations Section 1814(i) of the Social Security Act ( 42 U.S.C. 1395f(i) (8) (A) The Secretary shall conduct an evaluation of the recommendations of the Medicare Payment Commission for reforming the hospice care benefit under this title that are contained in chapter 6 of the Commission's report entitled Report to Congress: Medicare Payment Policy (March 2009) Advance Planning and Compassionate Care Act of 2014 (B) Based on the results of the examination conducted under subparagraph (A), the Secretary shall make appropriate refinements to the recommendations described in subparagraph (A). Such refinements shall take into account— (i) the impact on patient populations with longer that average lengths of stay; (ii) the impact on populations with shorter that average lengths of stay; and (iii) the utilization patterns of hospice providers in underserved areas, including rural hospices. (C) Not later than January 1, 2018, the Secretary shall submit to Congress a report that contains a detailed description of— (i) the refinements determined appropriate by the Secretary under subparagraph (B); (ii) the revisions that the Secretary will implement through regulation under this title pursuant to subparagraph (D); and (iii) the revisions that the Secretary determines require additional legislative action by Congress. (D) (i) The Secretary shall implement the recommendations described in subparagraph (A), as refined under subparagraph (B). (ii) Subject to clause (iii), the implementation of such recommendations shall apply to hospice care furnished on or after January 1, 2019. (iii) The Secretary shall establish an appropriate transition to the implementation of such recommendations. (E) For purposes of carrying out the provisions of this paragraph, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817, of such sums as may be necessary to the Centers for Medicare & Medicaid Services Program Management Account. . 222. Removing hospice inpatient days in setting per diem rates for critical access hospitals Section 1814(l) of the Social Security Act ( 42 U.S.C. 1395f(l) Public Law 111–5 (6) For cost reporting periods beginning on or after January 1, 2016, the Secretary shall remove Medicare-certified hospice inpatient days from the calculation of per diem rates for inpatient critical access hospital services. . 223. Hospice payments for dual eligible individuals residing in long-term care facilities (a) In general Section 1888 of the Social Security Act ( 42 U.S.C. 1395yy (i) Payments for Dual Eligible Individuals Residing in Long-Term Care Facilities For cost reporting periods beginning on or after January 1, 2016, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish procedures under which payments for room and board under the State Medicaid plan with respect to an applicable individual are made directly to the long-term care facility (as defined by the Secretary for purposes of title XIX) the individual is a resident of. For purposes of the preceding sentence, the term applicable individual . (b) State plan requirement (1) In general Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (A) in paragraph (74), by striking and (B) in paragraph (80), by striking and (C) in paragraph (81), by striking the period at the end and inserting ; and (D) by inserting after paragraph (81) the following new paragraph: (82) provide that the State will make payments for room and board with respect to applicable individuals in accordance with section 1888(i). . (2) Effective date (A) In general Except as provided in subparagraph (B), the amendments made by paragraph (1) take effect on January 1, 2016. (B) Extension of effective date for state law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 224. Delineation of respective care responsibilities of hospice programs and long-term care facilities Section 1888 of the Social Security Act ( 42 U.S.C. 1395yy (j) Delineation of respective care responsibilities of hospice programs and long-term care facilities Not later than July 1, 2016, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall delineate and enforce the respective care responsibilities of hospice programs and long-term care facilities (as defined by the Secretary for purposes of title XIX) with respect to individuals residing in such facilities who are furnished hospice care. . 225. Adoption of MedPAC hospice program eligibility certification and recertification recommendations In accordance with the recommendations of the Medicare Payment Advisory Commission contained in the March 2009 report entitled Report to Congress: Medicare Payment Policy (1) in subparagraph (C), by striking and (2) by adding at the end the following new subparagraph: (E) on or after January 1, 2016— (i) a hospice physician or advance practice nurse visits the individual to determine continued eligibility of the individual for hospice care prior to the 180th-day recertification and each subsequent recertification under subparagraph (A)(ii) and attests that such visit took place (in accordance with procedures established by the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services); and (ii) any certification or recertification under subparagraph (A) includes a brief narrative describing the clinical basis for the individual’s prognosis (in accordance with procedures established by the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services); and . 226. Concurrent care for children (a) Permitting Medicare hospice beneficiaries 18 years of age or younger To receive curative care (1) In general Section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended— (A) in subsection (a)(4), by inserting (subject to the second sentence of subsection (d)(2)(A)) in lieu of certain other benefits (B) in subsection (d)— (i) in paragraph (1), by inserting , subject to the second sentence of paragraph (2)(A), instead (ii) in paragraph (2)(A), by adding at the end the following new sentence: Clause (ii)(I) shall not apply to an individual who is 18 years of age or younger. (2) Conforming amendment Section 1862(a)(1)(C) of the Social Security Act ( 42 U.S.C. 1395y(a)(1)(C) subject to the second sentence of section 1812(d)(2)(A), hospice care, (b) Application to Medicaid and CHIP (1) Medicaid Section 1905(o)(1)(A) of the Social Security Act ( 42 U.S.C. 1395d(o)(1)(A) (subject, in the case of an individual who is a child, to the second sentence of such section) section 1812(d)(2)(A) (2) CHIP Section 2110(a)(23) of the Social Security Act ( 42 U.S.C. 1397jj(a)(23) (concurrent (concurrent, in the case of an individual who is a child, with care related to the treatment of the individual's condition with respect to which a diagnosis of terminal illness has been made). (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2016. 227. Making hospice a required benefit under Medicaid and CHIP (a) Mandatory benefit (1) Medicaid (A) In general Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), as amended by section 211(b)(1), is amended in the matter preceding clause (i) by inserting (18), (17), (B) Conforming amendment Section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) is amended— (i) in clause (iii)— (I) in subclause (I), by inserting and hospice care ambulatory services (II) in subclause (II), by inserting and hospice care delivery services (ii) in clause (iv), by inserting and (18) (17) (2) CHIP Section 2103(c)(9) of such Act ( 42 U.S.C. 1397cc(c)(9) and hospice care (b) Effective date The amendments made subsection (a) take effect on January 1, 2016. 228. Medicare Hospice payment model demonstration projects (a) Establishment Not later than July 1, 2017, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality, shall conduct demonstration projects to examine ways to improve how the Medicare hospice care benefit predicts disease trajectory. Projects shall include the following models: (1) Models that better and more appropriately care for, and transition as needed, patients in their last years of life who need palliative care, but do not qualify for hospice care under the Medicare hospice eligibility criteria. (2) Models that better and more appropriately care for long-term patients who are not recertified in hospice but still need palliative care. (3) Any other models determined appropriate by the Secretary. (b) Waiver authority The Secretary may waive compliance of such requirements of titles XI and XVIII of the Social Security Act (c) Reports The Secretary shall submit to Congress periodic reports on the demonstration projects conducted under this section. 229. MedPAC studies and reports (a) Study and report regarding an alternative payment methodology for hospice care under the Medicare program (1) Study The Medicare Payment Advisory Commission (in this section referred to as the Commission (A) Whether such a reimbursement system better meets patient needs and better corresponds with provider resource expenditures than the current system. (B) Whether such a reimbursement system improves quality, including facilitating standardization of care toward best practices and diagnoses-specific clinical pathways in hospice. (C) Whether such a reimbursement system could address concerns about the blanket 6-month terminal prognosis requirement in hospice. (D) Whether such a reimbursement system is more cost effective than the current system. (E) Any other areas determined appropriate by the Commission. (2) Report Not later than June 15, 2018, the Commission shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Commission determines appropriate. (b) Study and report regarding rural hospice transportation costs under the Medicare program (1) Study The Commission shall conduct a study on rural Medicare hospice transportation mileage to determine potential Medicare reimbursement changes to account for potential higher costs. (2) Report Not later than June 15, 2018, the Commission shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Commission determines appropriate. (c) Evaluation of reimbursement disincentives To elect medicare hospice within the medicare skilled nursing facility benefit (1) Study The Commission shall conduct a study to determine potential Medicare reimbursement changes to remove Medicare reimbursement disincentives for patients in a skilled nursing facility who want to elect hospice. (2) Report Not later than June 15, 2018, the Commission shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Commission determines appropriate. 230. HHS Evaluations (a) Evaluation of Access to Hospice and Hospital-Based Palliative Care (1) Evaluation The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct an evaluation of geographic areas and populations underserved by hospice and hospital-based palliative care to identify potential barriers to access. (2) Report Not later than December 31, 2017, the Secretary shall report to Congress, on the evaluation conducted under subsection (a) together with recommendations for such legislation and administrative action as the Secretary determines appropriate to address barriers to access to hospice and hospital-based palliative care. (b) Evaluation of awareness and use of hospice respite care under Medicare, Medicaid, and CHIP (1) Evaluation The Secretary, acting through the Director of the Centers for Medicare and Medicaid Services, shall evaluate the awareness and use of hospice respite care by informal caregivers of beneficiaries under Medicare, Medicaid, and CHIP. (2) Report Not later than December 31, 2015, the Secretary shall report to Congress, on the evaluation conducted under subsection (a) together with recommendations for such legislation and administrative action as the Secretary determines appropriate to increase awareness or use of hospice respite care under Medicare, Medicaid, and CHIP. C Quality Improvement 241. Patient satisfaction surveys Not later than January 1, 2017, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish a mechanism for— (1) collecting information from patients (or their health care proxies or families members in the event patients are unable to speak for themselves) in relevant provider settings regarding their care at the end of life; and (2) incorporating such information in a timely manner into mechanisms used by the Administrator to provide quality of care information to consumers, including the Hospital Compare and Nursing Home Compare websites maintained by the Administrator. 242. Development of core end-of-life care quality measures across each relevant provider setting (a) In general The Secretary, acting through the Administrator of the Agency for Healthcare Research and Quality (in this section referred to as the Administrator (b) Requirements For purposes of subsection (a), the requirements specified in this subsection are the following: (1) Selection of the specific measure or measures for an identified provider setting shall be— (A) based on an assessment of what is likely to have the greatest positive impact on quality of end-of-life care in that setting; and (B) made in consultation with affected providers and public and private organizations, that have developed such measures. (2) The measures may be structure-oriented, process-oriented, or outcome-oriented, as determined appropriate by the Administrator. (3) The Administrator shall ensure that reporting requirements related to such measures are imposed consistent with other applicable laws and regulations, and in a manner that takes into account existing measures, the needs of patient populations, and the specific services provided. (4) Not later than— (A) April 1, 2016, the Secretary shall disseminate the reporting requirements to all affected providers; and (B) April 1, 2017, initial reporting relating to the measures shall begin. 243. Accreditation of Hospital-Based Palliative Care Programs (a) In General The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall designate a public or private agency, entity, or organization to develop requirements, standards, and procedures for accreditation of hospital-based palliative care programs. (b) Reporting Not later than January 1, 2017, the Secretary shall prepare and submit a report to Congress on the proposed accreditation process for hospital-based palliative care programs. (c) Accreditation Not later than July 1, 2017, the Secretary shall— (1) establish and promulgate standards and procedures for accreditation of hospital-based palliative care programs; and (2) designate an agency, entity, or organization that shall be responsible for certifying such programs in accordance with the standards established under paragraph (1). (d) Definitions For the purposes of this section: (1) The term hospital-based palliative care program (2) The term interdisciplinary team 244. Survey and data requirements for all Medicare participating hospice programs (a) Hospice surveys Section 1861(dd) of the Social Security Act ( 42 U.S.C. 1395x(dd) (6) In accordance with the recommendations of the Medicare Payment Advisory Commission contained in the March 2009 report entitled Report to Congress: Medicare Payment Policy (A) Any hospice program seeking initial certification under this title on or after that date shall be subject to an initial survey by an appropriate State or local agency, or an approved accreditation agency, not later than 6 months after the program first seeks such certification. (B) All hospice programs certified for participation under this title shall be subject to a standard survey by an appropriate State or local agency, or an approved accreditation agency, at least every 3 years after initially being so certified. . (b) Required hospice resource inputs data Section 1861(dd) of the Social Security Act ( 42 U.S.C. 1395x(dd) (1) in paragraph (2)— (A) in subparagraph (F), by striking and (B) by redesignating subparagraph (G) as subparagraph (H); and (C) by inserting after subparagraph (F) the following new subparagraph: (G) complies with the reporting requirements under paragraph (7); and ; and (2) by adding at the end the following new paragraph: (7) (A) In accordance with the recommendations of the Medicare Payment Advisory Commission for additional data (as contained in the March 2009 report entitled Report to Congress: Medicare Payment Policy (i) Visit type (such as admission, routine, emergency, education for family, other). (ii) Visit length. (iii) Professional or paraprofessional disciplines involved in the visit, including nurse, social worker, home health aide, physician, nurse practitioner, chaplain or spiritual counselor, counselor, dietician, physical therapist, occupational therapist, speech language pathologist, music or art therapist, and including bereavement and support services provided to a family after a patient’s death. (iv) Drugs and other therapeutic interventions provided. (v) Home medical equipment and other medical supplies provided. (B) In collecting the data required under subparagraph (A), the Secretary shall ensure that the data are reported in a manner that allows for summarized cross-tabulations of the data by patients’ terminal diagnoses, lengths of stay, age, sex, and race. . D Additional reports, research, and evaluations 251. National Center On Palliative and End-of-Life Care Part E of title IV of the Public Health Service Act ( 42 U.S.C. 287 et seq. 7 National Center on Palliative and End-of-Life Care 485J. National Center On Palliative and End-of-Life Care (a) Establishment Not later than July 1, 2016, there shall be established within the National Institutes of Health, a National Center on Palliative and End-of-Life Care (referred to in this section as the Center (b) Purpose The general purpose of the Center is to conduct and support research relating to palliative and end-of-life care interventions and approaches. (c) Activities The Center shall— (1) develop and continuously update a research agenda with the goal of— (A) providing a better biomedical understanding of the end of life; and (B) improving the quality of care and life at the end of life; and (2) provide funding for peer-review-selected extra- and intra-mural research that includes the evaluation of existing, and the development of new, palliative and end-of-life care interventions and approaches. . 252. National Mortality Followback Survey (a) In general Not later than December 31, 2015, and annually thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall renew and conduct the National Mortality Followback Survey (referred to in this section as the Survey (b) Purpose The purpose of the Survey shall be to gain a better understanding of current end-of-life care in the United States. (c) Questions (1) In general In conducting the Survey, the Director of the Centers for Disease Control and Prevention shall, at a minimum, include the following questions with respect to the loved one of a respondent: (A) Did he or she have an advance directive, and if so, when it was completed. (B) Did he or she have an order for life-sustaining treatment, and if so, when was it completed. (C) Did he or she have a durable power of attorney, and if so, when it was completed. (D) Had he or she discussed his or her wishes with loved ones, and if so, when. (E) Had he or she discussed his or her wishes with his or her physician, and if so, when. (F) In the opinion of the respondent, was he or she satisfied with the care he or she received in the last year of life and in the last week of life. (G) Was he or she cared for by hospice, and if so, when. (H) Was he or she cared for by palliative care specialists, and if so, when. (I) Did he or she receive effective pain management (if needed). (J) What was the experience of the main caregiver (including if such caregiver was the respondent), and whether he or she received sufficient support in this role. (2) Additional questions Additional questions to be asked during the Survey shall be determined by the Director of the Centers for Disease Control and Prevention on an ongoing basis with input from relevant research entities. 253. Demonstration Projects for Use of Telemedicine Services in Advance Care Planning (a) In General Not later than July 1, 2018, the Secretary shall establish a demonstration program to reimburse eligible entities for costs associated with the use of telemedicine services (including equipment and connection costs) to provide advance care planning consultations with geographically distant physicians and their patients. (b) Duration The demonstration project under this section shall be conducted for at least a 3-year period. (c) Definitions For purposes of this section: (1) The term eligible entity (2) The term geographically distant (3) The term telemedicine services (d) Funding There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 254. Inspector General investigation of fraud and abuse In accordance with the recommendations of the Medicare Payment Advisory Commission for additional data (as contained in the March 2009 report entitled Report to Congress: Medicare Payment Policy (1) The prevalence of financial relationships between hospices and long-term care facilities, such as nursing facilities and assisted living facilities, that may represent a conflict of interest and influence admissions to hospice. (2) Differences in patterns of nursing home referrals to hospice. (3) The appropriateness of enrollment practices for hospices with unusual utilization patterns (such as high frequency of very long stays, very short stays, or enrollment of patients discharged from other hospices). (4) The appropriateness of hospice marketing materials and other admissions practices and potential correlations between length of stay and deficiencies in marketing or admissions practices. 255. GAO study and report on provider adherence to advance directives Not later than January 1, 2017, the Comptroller General of the United States shall conduct a study of the extent to which providers comply with advance directives under the Medicare and Medicaid programs and shall submit a report to Congress on the results of such study, together with such recommendations for administrative or legislative changes as the Comptroller General determines appropriate. | Advance Planning and Compassionate Care Act of 2014 |
Robocall Enforcement Improvements Act of 2014 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to impose forfeiture penalties without first sending a citation regarding the charged violation against persons not licensed by the FCC who violate prohibitions on the use of automated telephone equipment. (Currently, if existing exceptions do not apply, forfeiture penalties may not be imposed unless the person is sent a citation prior to a notice of apparent liability and that person subsequently engages in the same type of conduct described in the citation.) Expands the statute of limitations period and increases the maximum forfeiture penalty applicable to non-licensed automated telephone equipment violations. Expands prohibitions on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Directs providers of spoofing services to take such steps as the FCC may prescribe to verify that users do not engage in caller identification information violations. Defines "spoofing service" as a service that substitutes, or permits a user to substitute, another name or any number for display as the caller identification information for a call or text message. Requires the FCC to impose recordkeeping and reporting obligations on spoofing service providers. Authorizes the FCC to subpoena caller identification information transmitted by a subscriber to or customer of the spoofing service. Expands the definition "caller identification information" to include text messages. Expresses the sense of Congress that: (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls, and (2) the federal government should encourage telecommunications carriers to develop and implement such services. | 113 S3010 IS: Robocall Enforcement Improvements Act of 2014 U.S. Senate 2014-12-12 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. 3010 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mrs. McCaskill Committee on Commerce, Science, and Transportation A BILL To improve the enforcement of prohibitions on robocalls, including fraudulent robocalls. 1. Short title This Act may be cited as the Robocall Enforcement Improvements Act of 2014 2. Enforcement authority relating to non-licensee robocallers (a) Authority To impose forfeitures without first issuing citations Section 503(b)(5) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(5) (1) by striking or in the case of in the case of (2) by inserting before the period at the end the following: , or if the person involved is engaging in violations of section 227(b)(1) of this title (b) Expansion of statute of limitations Section 503(b)(6)(B) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(6)(B) (1) by striking occurred more than 1 year occurred— (i) except as provided in clause (ii), more than 1 year ; (2) by striking liability. liability; or (3) by inserting after clause (i), as designated, the following: (ii) in the case of a violation of section 227(b)(1) of this title, more than 3 years prior to the date of issuance of the required notice of apparent liability. . (c) Increase in maximum forfeiture Section 503(b)(2) of the Communications Act of 1934 ( 47 U.S.C. 503(b)(2) (1) in subparagraph (D), by striking or (C) (C), (F), or (G) (2) by adding at the end the following: (G) If the violator does not hold, and is not an applicant for, a license, permit, certificate, or other authorization issued by the Commission— (i) the amount of any forfeiture penalty determined under this subsection for a violation of section 227(b)(1) of this title shall not exceed $25,000 for each violation or each day of a continuing violation; and (ii) there shall be no limit on the total amount assessed for any continuing violation of section 227(b)(1) of this title. . 3. Amendments to Truth in Caller ID Act of 2009 (a) Communications from outside United States Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) or any person outside the United States if the recipient is within the United States, United States, (b) Clarification of definition of IP-Enabled voice service Section 227(e)(8)(C) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8)(C) has the meaning means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. (c) Spoofing service (1) In general Section 227(e) of the Communications Act of 1934 ( 47 U.S.C. 227(e) (A) by striking paragraph (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: (3) Spoofing services (A) In general A provider of a spoofing service shall take such steps as the Commission may prescribe to verify that a person does not use the service in violation of this subsection. (B) Recordkeeping and reporting The Commission shall impose reasonable recordkeeping and reporting obligations on a provider of a spoofing service, and shall adopt any other regulation that the Commission determines necessary, to prevent or investigate violations of this subsection. (C) Subpoena authority Notwithstanding chapter 121 ; and (D) in paragraph (8), by adding at the end the following: (D) Spoofing service The term spoofing service . (2) Conforming amendment Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) paragraph (3)(B) paragraph (4)(B) (d) Text messaging service Section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) (1) in subparagraph (A), by inserting (including a text message sent using a text messaging service) (2) in the first sentence of subparagraph (B), by inserting (including a text message sent using a text messaging service) (3) by adding at the end the following: (D) Text message The term text message (i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; (ii) includes a short message service (commonly referred to as SMS EMS MMS (iii) does not include a real-time, 2-way voice or video communication. (E) Text messaging service The term text messaging service . (e) Savings clause Section 227(e) of the Communications Act of 1934 ( 47 U.S.C. 227(e) (10) Savings clause Nothing in this subsection shall be construed to— (A) modify or limit the authority of the Commission under the Telephone Consumer Protection Act of 1991 ( Public Law 102–243 Robocall Enforcement Improvements Act of 2014 call (B) modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with the Telephone Consumer Protection Act of 1991, the amendments made by that Act, or the CAN–SPAM Act of 2003. . (f) Regulations (1) In general Section 227(e)(3)(A) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(3)(A) Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission The Commission (2) Deadline Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (g) Effective date The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. 4. Sense of Congress It is the sense of Congress that— (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls; and (2) the Federal Government, including the Federal Communications Commission and the Federal Trade Commission, should encourage telecommunications carriers to develop and implement the services described in paragraph (1). | Robocall Enforcement Improvements Act of 2014 |
North Korea Sanctions Enforcement Act of 2014 - Authorizes the President to investigate credible information of sanctionable activities involving North Korea and to designate and apply sanctions with respect to any person (including business entities, nongovernmental organizations, and governmental entities operating as business enterprises) the President determines knowingly: contributes, through the export to or import from North Korea of any controlled goods, services, or technology, to the use, development, production, stockpiling, or acquisition of nuclear, radiological, chemical, or biological weapons, or any device or system designed to deliver such weapons; provided training, advice, or other services or assistance, or engaged in significant financial transactions, relating to the manufacture, maintenance, or use of any such weapon or system to be imported, exported, or reexported to, into, or from North Korea; imported, exported, or reexported luxury goods to or into North Korea; engaged in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the government of North Korea or any of its senior officials; engaging in or being responsbile censorship by North Korea; committing or being responsbile for serious human rights abuses by North Korea; or attempted to engage in any of these activities. Specifies addtional financial activities for which the President may designate a person. Directs the President to exercise all powers granted under the International Emergency Economic Powers Act necessary to block and prohibit all transactions in property and interests in property of a designated person if that property and those property interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Subjects such property to civil and criminal forfeiture. Directs the Secretary of the Treasury to: (1) determine whether reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern, and if so (2) impose one or more of certain special measures. Requires a validated license for exports to North Korea under the Export Administration Act of 1979. Prohibits approval of defense articles for North Korea. Directs the President to withhold assistance to the governments of countries providing lethal military equipment to North Korea. Bars U.S. government contracts with designated persons. Directs the President to identify annually to the appropriate congressional committees any foreign ports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the government of North Korea are not sufficient effectively to prevent the facilitation of any of the activities sanctionable under this Act. Authorizes the Secretary of Homeland Security (DHS) to require enhanced inspections of any cargo landed in the United States or entering the stream of interstate commerce that has been transported through any of such ports or airports. Authorizes the seizure or forfeiture of vessels or aircraft used to facilitate sanctionable activities. Authorizes the Secretary of State to deny a visa, and the DHS Secretary to deny entry into the Unite States, to any alien who is a designated person or a corporate officer or principal shareholder with a controlling interest in one. Exempts certain activities from sanctions and authorizes the President to waive them, for up to one year, for national security, law enforcement, or humanitarian reasons. Amends the North Korean Human Rights Act of 2004 to require the President to report to the appropriate congressional committees: (1) a detailed plan for making unrestricted, unmonitored, and inexpensive electronic mass communications available to the people of North Korea; and (2) a description of the population, geographical coordinates, primary industries and products, and responsible persons and agencies in each political prison camp in North Korea. Requires the Secretary of State to brief the appropriate congressional committees on serious human rights abuses or serious censorship undertaken by the North Korean government in the most recent year. Prescribes circumstances in which sanctions or measures under this Act may be suspended for up to one year or terminated altogether. Establishes the North Korea Enforcement and Humanitarian Fund in which assets subject to criminal, civil, or administrative forfeiture or penalties are to be deposited for the enforcement of this Act and to carry out humanitarian activities under the North Korea Human Rights Act of 2004. | 113 S3012 IS: North Korea Sanctions Enforcement Act of 2014 U.S. Senate 2014-12-12 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. 3012 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Menendez Committee on Foreign Relations A BILL To improve the enforcement of sanctions against the Government of North Korea, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the North Korea Sanctions Enforcement Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Investigations, prohibited conduct, and penalties Sec. 101. Statement of policy. Sec. 102. Investigations. Sec. 103. Briefing to Congress. Sec. 104. Designation of persons. Sec. 105. Forfeiture of property. TITLE II—Sanctions Against North Korean Proliferation, Human Rights Abuses, and Illicit Activities Sec. 201. Determinations with respect to North Korea as a jurisdiction of primary money laundering concern. Sec. 202. Ensuring the consistent enforcement of United Nations Security Council resolutions and financial restrictions on North Korea. Sec. 203. Proliferation prevention sanctions. Sec. 204. Procurement sanctions. Sec. 205. Enhanced inspection authorities. Sec. 206. Travel sanctions. Sec. 207. Exemptions, waivers, and removals of designation. TITLE III—Promotion of human rights Sec. 301. Information technology. Sec. 302. Report on North Korean prison camps. Sec. 303. Briefing on serious human rights abuses or censorship in North Korea. TITLE IV—General authorities Sec. 401. Suspension of sanctions and other measures. Sec. 402. Termination of sanctions and other measures. Sec. 403. North Korea Enforcement and Humanitarian Fund. Sec. 404. Rulemaking. Sec. 405. Effective date. 2. Findings; purposes (a) Findings Congress finds the following: (1) The Government of North Korea— (A) has repeatedly violated its commitments to the complete, verifiable, and irreversible dismantlement of its nuclear weapons programs; and (B) has willfully violated multiple United Nations Security Council resolutions calling for it to cease its development, testing, and production of weapons of mass destruction. (2) North Korea poses a grave risk for the proliferation of nuclear weapons and other weapons of mass destruction. (3) The Government of North Korea has been implicated repeatedly in money laundering and illicit activities, including— (A) prohibited arms sales; (B) narcotics trafficking; (C) the counterfeiting of United States currency; and (D) the counterfeiting of intellectual property of United States persons. (4) North Korea has— (A) unilaterally withdrawn from the Korean War Armistice Agreement, done at Panmunjom, Korea, July 27, 1953; and (B) committed provocations against South Korea in 2010— (i) by sinking the warship Cheonan and killing 46 of her crew; and (ii) by shelling Yeonpyeong Island and killing 4 South Korean civilians. (5) North Korea maintains a system of brutal political prison camps that contain as many as 200,000 men, women, and children, who are— (A) kept in atrocious living conditions with insufficient food, clothing, and medical care; and (B) under constant fear of torture or arbitrary execution. (6) North Korea has prioritized weapons programs and the procurement of luxury goods— (A) in defiance of United Nations Security Council Resolutions 1695 (adopted July 15, 2006), 1718 (adopted October 14, 2006), 1874 (adopted June 12, 2009), 2087 (adopted January 22, 2013), and 2094 (adopted March 7, 2013); and (B) in gross disregard of the needs of its people. (7) Persons, including financial institutions, who engage in transactions with, or provide financial services to, the Government of North Korea and its financial institutions without establishing sufficient financial safeguards against North Korea’s use of these transactions to promote proliferation, weapons trafficking, human rights violations, illicit activity, and the purchase of luxury goods— (A) aid and abet North Korea’s misuse of the international financial system; and (B) violate the intent of the United Nations Security Council resolutions referred to in paragraph (6)(A). (8) The conduct of the Government of North Korea poses an imminent threat to— (A) the security of the United States and its allies; (B) the global economy; (C) the safety of members of the United States Armed Forces; (D) the integrity of the global financial system; (E) the integrity of global nonproliferation programs; and (F) the people of North Korea. (b) Purposes Through this Act, Congress seeks— (1) to use nonmilitary means to address the crisis described in subsection (a); (2) to provide diplomatic leverage to negotiate necessary changes in North Korea’s conduct; (3) to ease the suffering of the people of North Korea; and (4) to reaffirm the purposes set forth in section 4 of the North Korean Human Rights Act of 2004 22 U.S.C. 7802 3. Definitions In this Act: (1) Applicable executive order The term applicable Executive order (A) Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supports), Executive Order 13466 (73 Fed. Reg. 36787; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 (75 Fed. Reg. 53837; relating to blocking property of certain persons with respect to North Korea), or Executive Order 13570 (76 Fed. Reg. 22291; relating to prohibiting certain transactions with respect to North Korea), to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons for conduct; or (ii) prohibits transactions or activities involving the Government of North Korea; or (B) any Executive order adopted on or after the date of the enactment of this Act, to the extent that such Executive order— (i) authorizes the imposition of sanctions on persons for conduct; or (ii) prohibits transactions or activities involving the Government of North Korea. (2) Applicable united nations security council resolution The term applicable United Nations Security Council resolution (A) United Nations Security Council Resolution 1695 (adopted July 15, 2006), 1718 (adopted October 14, 2006), 1874 (adopted June 12, 2009), 2087 (adopted January 22, 2013), or 2094 (adopted March 7, 2013); or (B) any United Nations Security Council resolution adopted on or after the date of the enactment of this Act that— (i) authorizes the imposition of sanctions on persons for conduct; or (ii) prohibits transactions or activities involving the Government of North Korea. (3) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Banking, Housing, and Urban Affairs of the Senate (C) the Committee on Foreign Affairs of the House of Representatives (D) the Committee on Financial Services of the House of Representatives (4) Designated person The term designated person (5) Government of North Korea The term Government of North Korea (A) the Government of the Democratic People’s Republic of Korea or any political subdivision, agency, or instrumentality thereof; and (B) any person owned or controlled by, or acting for or on behalf of, the Government of North Korea. (6) Luxury goods The term luxury goods (A) has the meaning given such term in section 746.4(b)(1) (B) includes the items listed in Supplement No. 1 to Part 746 of such title, and any similar items. (7) Monetary instruments The term monetary instruments section 5312(a) (8) North Korean financial institution The term North Korean financial institution (A) is organized under the laws of North Korea or any jurisdiction within North Korea (including a foreign branch of such institution); (B) is located in North Korea, except for a financial institution that is excluded by the President in accordance with section 207(d); (C) is owned or controlled by the Government of North Korea, regardless of location; and (D) is owned or controlled by a financial institution described in subparagraph (A), (B), or (C), regardless of location. (9) Other stores of value The term other stores of value (A) prepaid access devices, tangible or intangible prepaid access devices, and other instruments or devices for the storage or transmission of value (as such terms are defined in part 1010 of title 31, Code of Federal Regulations); and (B) any covered goods (as defined in section 1027.100 I Investigations, prohibited conduct, and penalties 101. Statement of policy In order to achieve the peaceful disarmament of North Korea, Congress finds that it is necessary— (1) to encourage all member states to fully and promptly implement United Nations Security Council Resolution 2094 (adopted March 7, 2013); (2) to sanction the persons, including financial institutions, that facilitate proliferation, illicit activities, arms trafficking, imports of luxury goods, serious human rights abuses, cash smuggling, and censorship by the Government of North Korea; (3) to authorize the President to sanction persons who fail to exercise due diligence to ensure that such financial institutions and jurisdictions do not facilitate proliferation, arms trafficking, kleptocracy, and imports of luxury goods by the Government of North Korea; (4) to deny the Government of North Korea access to the funds it uses to obtain nuclear weapons, ballistic missiles, and luxury goods instead of providing for the needs of its people; and (5) to enforce sanctions in a manner that avoids any adverse humanitarian impact on the people of North Korea. 102. Investigations (a) Initiation The President is authorized to initiate an investigation into the possible designation of a person under section 104(a) upon receipt by the President of credible information indicating that such person has engaged in conduct described in section 104(a). (b) Personnel The President may direct the Secretary of State, the Secretary of the Treasury, and the heads of other Federal departments and agencies as may be necessary to assign sufficient experienced and qualified investigators, attorneys, and technical personnel— (1) to investigate the conduct described in subsections (a) and (b) of section 104; and (2) to coordinate and ensure the effective enforcement of the provisions of this Act. 103. Briefing to Congress Not later than 180 days after the date of the enactment of this Act, and periodically thereafter, the President shall provide to the appropriate congressional committees a briefing on efforts to implement this Act. 104. Designation of persons (a) Prohibited activities (1) Prohibited conduct described Except as provided in section 207, the President may designate under this subsection any person that the President determines— (A) knowingly (directly or indirectly) imported, exported, or reexported to, into, or from North Korea any goods, services, or technology controlled for export by the United States due to their use for weapons of mass destruction and their delivery systems and materially contributing to the use, development, production, possession, or acquisition by any persons of a nuclear, radiological, chemical, or biological weapon, or any device or system designed in whole or in part to deliver such a weapon; (B) knowingly (directly or indirectly) provided training, advice, or other services or assistance, or engaged in significant financial transactions, relating to the manufacture, maintenance, or use of any such weapon or system to be imported, exported, or reexported to, into, or from North Korea; (C) knowingly (directly or indirectly) imported, exported, or reexported luxury goods to or into North Korea; (D) knowingly engaged in, or is responsible for, censorship by the Government of North Korea; (E) knowingly engaged in, or is responsible for, serious human rights abuses by the Government of North Korea; (F) knowingly (directly or indirectly) engaged in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, or narcotics trafficking that supports the Government of North Korea or any senior official thereof; or (G) knowingly attempted to engage in any of the conduct described in subparagraphs (A) through (E). (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition under this subsection, or of an order or regulation prescribed under this Act, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act ( 50 U.S.C. 1705(a) (b) Additional prohibited activities (1) Prohibited conduct described Except as provided in section 207, the President may designate under this subsection any person that the President determines— (A) knowingly engaged in, contributed to, assisted, sponsored, or provided financial, material or technological support for, or goods and services in support of, any person designated pursuant to an applicable United Nations Security Council resolution; (B) knowingly contributed to— (i) the bribery of an official of the Government of North Korea; (ii) the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, an official of the Government of North Korea; or (iii) the use of any proceeds of any such conduct; or (C) knowingly and materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services to or in support of, the activities described in subparagraph (A) or (B). (2) Effect of designation With respect to any person designated under this subsection, the President may— (A) apply the sanctions described in section 204, 205, or 206; (B) apply any of the special measures described in section 5318A (C) prohibit any transactions in foreign exchange— (i) that are subject to the jurisdiction of the United States; and (ii) in which such person has any interest; and (D) prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments— (i) are subject to the jurisdiction of the United States; and (ii) involve any interest of such person. (c) Asset blocking The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a person determined by the President to be subject to this section if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (d) Application The designation of a person under subsection (a) or (b) and the blocking of property and interests in property under subsection (c) shall apply with respect to a person who is determined to be owned or controlled by, or to have acted or purported to have acted for or on behalf of (directly or indirectly) any person whose property and interests in property are blocked pursuant to this section. (e) Transaction licensing The President shall deny or revoke any license for any transaction that the President determines to lack sufficient financial controls to ensure that such transaction will not facilitate any of the conduct described in subsection (a) or (b). 105. Forfeiture of property (a) Amendment to property subject to forfeiture Section 981(a)(1) (I) Any real or personal property that is involved in a violation or attempted violation, or which constitutes or is derived from proceeds traceable to a violation, of section 104(a) of the North Korea Sanctions Enforcement Act of 2014 . (b) Amendment to definition of civil forfeiture statute Section 983(i)(2)(D) (D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. North Korea Sanctions Enforcement Act of 2014 . (c) Amendment to definition of specified unlawful activity Section 1956(c)(7)(D) (1) by striking or section 92 of the Atomic Energy Act of 1954 section 92 of the Atomic Energy Act of 1954 (2) by adding at the end the following: , or section 104(a) of the North Korea Sanctions Enforcement Act of 2014 (d) Authorization of appropriations From the amounts in the Assets Forfeiture Fund established under section 524(c) section 9703 Public Law 102–393 (e) Payment in lieu of forfeiture Any money paid to the United States by a financial institution or other person in lieu of the commencement of criminal, civil, or administrative forfeiture proceedings to forfeit property involving any activity described in section 104(a) or in settlement of such forfeiture proceedings— (1) shall be treated as forfeited funds; and (2) shall be deposited, in such proportions as the President may determine, into— (A) the Assets Forfeiture Fund established under section 524(c) (B) the Department of the Treasury Forfeiture Fund established under section 9703 Public Law 102–393 (f) Rule of construction Nothing in this title or any amendment made by this title may be construed to restrict or limit the authority of the President under— (1) section 524(c) (2) section 9703 Public Law 102–393 II Sanctions Against North Korean Proliferation, Human Rights Abuses, and Illicit Activities 201. Determinations with respect to North Korea as a jurisdiction of primary money laundering concern (a) Findings Congress makes the following findings: (1) The Under Secretary for Terrorism and Financial Intelligence, who is responsible for safeguarding the financial system against illicit use, money laundering, terrorist financing, and the proliferation of weapons of mass destruction, and has repeatedly expressed concern about North Korea’s misuse of the international financial system— (A) in 2006— (i) stated, Given [North Korea’s] counterfeiting of U.S. currency, narcotics trafficking and use of accounts world-wide to conduct proliferation-related transactions, the line between illicit and licit North Korean money is nearly invisible. (ii) urged financial institutions worldwide to think carefully about the risks of doing any North Korea-related business (B) in 2011, stated that North Korea— (i) remains intent on engaging in proliferation, selling arms as well as bringing in material (ii) was aggressively pursuing the effort to establish front companies. (C) in 2013, stated— (i) in reference to North Korea’s distribution of high-quality counterfeit United States currency, that North Korea is continuing to try to pass a supernote into the international financial system (ii) the Department of the Treasury would soon introduce new currency with improved security features to protect against counterfeiting by the Government of North Korea. (2) The Financial Action Task Force, an intergovernmental body whose purpose is to develop and promote national and international policies to combat money laundering and terrorist financing, has repeatedly— (A) expressed concern at deficiencies in North Korea’s regimes to combat money laundering and terrorist financing; (B) urged North Korea to adopt a plan of action to address significant deficiencies in these regimes and the serious threat they pose to the integrity of the international financial system; (C) urged all jurisdictions to apply countermeasures to protect the international financial system from ongoing and substantial money laundering and terrorist financing risks emanating from North Korea; (D) urged all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with North Korea, including North Korean companies and financial institutions; and (E) called on all jurisdictions— (i) to protect against correspondent relationships being used to bypass or evade countermeasures and risk mitigation practices; and (ii) to take into account money laundering and terrorist financing risks when considering requests by North Korean financial institutions to open branches and subsidiaries in their respective jurisdictions. (3) On March 7, 2013, the United Nations Security Council unanimously adopted Resolution 2094, which— (A) welcomed the Financial Action Task Force’s— (i) recommendation on financial sanctions related to proliferation; and (ii) guidance on the implementation of such sanctions; (B) decided that United Nations Member States should apply enhanced monitoring and other legal measures to prevent the provision of financial services or the transfer of property that could contribute to activities prohibited by applicable United Nations Security Council resolutions; and (C) called on United Nations Member States to prohibit North Korean banks from establishing or maintaining correspondent relationships with banks in their respective jurisdictions to prevent the provision of financial services if such states have information that provides reasonable grounds to believe that such activities could contribute to— (i) activities prohibited by an applicable United Nations Security Council resolution; or (ii) the evasion of such prohibitions. (b) Sense of Congress regarding the designation of North Korea as a jurisdiction of primary money laundering concern Congress— (1) acknowledges the efforts of the United Nations Security Council to impose limitations on, and to require the enhanced monitoring of, transactions involving North Korean financial institutions that could contribute to sanctioned activities; (2) urges the President, in the strongest terms— (A) to consider immediately designating North Korea as a jurisdiction of primary money laundering concern; and (B) to adopt stringent special measures to safeguard the financial system against the risks posed by North Korea’s willful evasion of sanctions and its illicit activities; and (3) urges the President to seek the prompt implementation by other states of enhanced monitoring and due diligence to prevent North Korea’s misuse of the international financial system, including by sharing information about activities, transactions, and property that could contribute to— (A) activities sanctioned by applicable United Nations Security Council resolutions; or (B) the evasion of such sanctions. (c) Determinations regarding North Korea (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and Attorney General, and in accordance with section 5318A (2) Enhanced due diligence and reporting requirements Except as provided in section 207, if the Secretary of the Treasury determines under this subsection that reasonable grounds exist for concluding that North Korea is a jurisdiction of primary money laundering concern, the Secretary, in consultation with the Federal functional regulators, shall impose 1 or more of the special measures described in paragraphs (1) through (5) of section 5318A(b) (3) Report required (A) In general The Secretary of the Treasury shall submit a report to the appropriate congressional committees that contains the reasons for any determination under paragraph (1). (B) Form The report submitted under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. 202. Ensuring the consistent enforcement of United Nations Security Council resolutions and financial restrictions on North Korea (a) Findings Congress finds that— (1) all member states and jurisdictions are obligated to implement and enforce applicable United Nations Security Council resolutions fully and promptly, including by blocking the property of, and ensuring that any property is prevented from being made available to, persons designated by the Security Council under applicable United Nations Security Council resolutions; (2) all states and jurisdictions share a common interest in protecting the international financial system from the risks of money laundering and illicit transactions emanating from North Korea; (3) the United States dollar and the euro are the world’s principal reserve currencies, and the United States and the European Union are primarily responsible for the protection of the international financial system from these risks; (4) the cooperation of the People’s Republic of China, as North Korea’s principal trading partner, is essential to— (A) the enforcement of applicable United Nations Security Council resolutions; and (B) the protection of the international financial system; (5) the report of the Panel of Experts established pursuant to United Nations Security Council Resolution 1874 (adopted on June 11, 2013) expressed concern about the ability of banks in— (A) states with less effective regulators; and (B) states that are unable to afford effective compliance to detect and prevent illicit transfers involving North Korea; (6) North Korea has historically exploited inconsistencies between jurisdictions in the interpretation and enforcement of financial regulations and applicable United Nations Security Council resolutions to circumvent sanctions and launder the proceeds of illicit activities; (7) Amroggang Development Bank, Bank of East Land, and Tanchon Commercial Bank have been designated by the Secretary of the Treasury, the United Nations Security Council, and the European Union as having materially contributed to the proliferation of weapons of mass destruction; (8) Korea Daesong Bank and Korea Kwangson Banking Corporation have been designated by the Secretary of the Treasury and the European Union as having materially contributed to the proliferation of weapons of mass destruction; (9) the Foreign Trade Bank of North Korea has been designated by the Secretary of the Treasury for facilitating transactions on behalf of persons linked to its proliferation network, and for serving as a key financial node (10) Daedong Credit Bank has been designated by the Secretary of the Treasury for activities prohibited by applicable United Nations Security Council resolutions, including the use of deceptive financial practices to facilitate transactions on behalf of persons linked to North Korea’s proliferation network. (b) Sense of Congress It is the sense of Congress that the President should intensify diplomatic efforts in appropriate international fora, such as the United Nations, and bilaterally, to develop and implement a coordinated, consistent, multilateral strategy for protecting the global financial system against risks emanating from North Korea, including— (1) the cessation of any financial services whose continuation is inconsistent with applicable United Nations Security Council resolutions; (2) the cessation of any financial services to persons, including financial institutions, that present unacceptable risks of facilitating money laundering and illicit activity by the Government of North Korea; (3) the blocking by all states and jurisdictions, in accordance with the legal process of the state or jurisdiction in which the property is held, of any property required to be blocked under applicable United Nations Security Council resolutions; and (4) the blocking of any property derived from illicit activity, or from the misappropriation, theft, or embezzlement of public funds by, or for the benefit of, officials of the Government of North Korea. 203. Proliferation prevention sanctions (a) Export of certain goods or technology A validated license shall be required for the export of any goods or technology otherwise covered under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)). No defense exports may be approved for the Government of North Korea. (b) Transactions in lethal military equipment (1) In general The President shall withhold assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to the government of any country that provides lethal military equipment to the Government of North Korea. (2) Applicability The prohibition under this subsection with respect to a foreign government shall terminate on the date that is 1 year after the date on which the restriction under paragraph (1) may have been applied. (c) Waiver The Secretary of State may waive the prohibitions under this section with respect to a country if the Secretary determines that it is in the national interest of the United States to do so. (d) Exception The prohibitions under this section shall not apply to the provision of assistance for human rights, democracy, rule of law, or emergency humanitarian assistance. 204. Procurement sanctions (a) In general Except as provided in this section, the United States Government may not procure, or enter into any contract for the procurement of, any goods or services from any designated person. (b) Federal Acquisition Regulation (1) In general The Federal Acquisition Regulation issued pursuant to section 1303 (2) Applicability The revision referred to in paragraph (1) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. (c) General Services Administration (1) Inclusion on list The Administrator of General Services shall include, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation, each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subsection (b). (2) Contract termination; suspension If the head of an executive agency determines that a person has submitted a false certification under subsection (b) after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this section, the head of such executive agency shall— (A) terminate a contract with such person; or (B) debar or suspend such person from eligibility for Federal contracts for a period of not more than 2 years. (3) Applicable procedures Any debarment or suspension under paragraph (2)(B) shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (d) Clarification regarding certain products The remedies specified in subsections (a) through (c) shall not apply with respect to the procurement of any eligible product (as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) (e) Rule of construction Nothing in this subsection may be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (b). (f) Executive agency defined In this section, the term executive agency section 133 205. Enhanced inspection authorities (a) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees that identifies foreign ports and airports whose inspections of ships, aircraft, and conveyances originating in North Korea, carrying North Korean property, or operated by the Government of North Korea are not sufficient to effectively prevent the facilitation of any of the activities described in section 104(a). (b) Enhanced customs inspection requirements The Secretary of Homeland Security may require enhanced inspections of any cargo landed in the United States or entering the stream of interstate commerce that has been transported through a port or airport identified by the President under subsection (a). (c) Seizure and forfeiture A vessel, aircraft, or conveyance used to facilitate any of the activities described in section 104(a) under the jurisdiction of the United States may be seized and forfeited under— (1) chapter 46 (2) under the Tariff Act of 1930 ( 19 U.S.C. 1202 et seq. 206. Travel sanctions The Secretary of State may deny a visa to, and the Secretary of Homeland Security, pursuant to section 104, may deny entry into the United States of, any alien who is— (1) a designated person; (2) a corporate officer of a designated person; or (3) a principal shareholder with a controlling interest in a designated person. 207. Exemptions, waivers, and removals of designation (a) Exemptions (1) In general The following activities shall be exempt from sanctions under sections 104 and 206: (A) Activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. (B) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force on November 21, 1947, or under the Vienna Convention on Consular Relations, signed April 24, 1963, and entered into force on March 19, 1967, or under other international agreements. (C) Any financial transaction for which the exclusive purpose is to import agricultural products, medicine, or medical devices into North Korea if such supplies or equipment— (i) are designated as EAR 99 (ii) are not controlled under— (I) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (II) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (III) part B of title VIII of the Nuclear Proliferation Prevention Act of 1994 ( 22 U.S.C. 6301 et seq. (IV) the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.). (2) Export administration regulations defined In this subsection, the term Export Administration Regulations (b) Waiver The President may waive, for 1-year renewable periods, the application of the sanctions authorized under section 104, 204, 205, or 206 if the President submits to the appropriate congressional committees a written determination that the waiver meets 1 or more of the following requirements: (1) The waiver is important to the national security interests of the United States. (2) The waiver will further the enforcement of this Act or is for an important law enforcement purpose. (3) The waiver is for an important humanitarian purpose, including any of the purposes described in section 4 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7802 (c) Financial services for humanitarian and consular activities The President may promulgate such regulations, rules, and policies as may be necessary to facilitate the provision of financial services by a foreign financial institution that is not controlled by the Government of North Korea in support of the activities subject to exemption under this Act. III Promotion of human rights 301. Information technology Section 104 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7814 (d) Information technology study Not later than 180 days after the date of the enactment of the North Korea Sanctions Enforcement Act of 2014 . 302. Report on North Korean prison camps (a) In general The Secretary of State shall submit a report to the appropriate congressional committees that describes, with respect to each political prison camp in North Korea, to the extent information is available— (1) the camp’s estimated prisoner population; (2) the camp’s geographical coordinates; (3) the reasons for the confinement of the prisoners; (4) the camp’s primary industries and products, and the end users of any goods produced in such camp; (5) the natural persons and agencies responsible for conditions in the camp; (6) the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners; and (7) imagery, to include satellite imagery of each such camp, in a format that, if published, would not compromise the sources and methods used by the intelligence agencies of the United States to capture geospatial imagery. (b) Form The report required under subsection (a) may be included in the first report required to be submitted to Congress after the date of the enactment of this Act under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) (relating to the annual human rights report). 303. Briefing on serious human rights abuses or censorship in North Korea (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall providing a briefing, which may be classified, to the appropriate congressional committees that describes serious human rights abuses or serious censorship undertaken by the North Korean government in the most recent year. (b) Designation of responsible persons The President may designate under section 104(a) any person described in the briefing required under subsection (a) as responsible for serious human rights abuses or censorship in North Korea. (c) Sense of Congress It is the sense of Congress that the President should— (1) seek the prompt adoption by the United Nations Security Council of a resolution calling for the blocking of the assets of all persons responsible for severe human rights abuses or censorship in North Korea; and (2) fully cooperate with the prosecution of any natural person listed in the report required under subsection (a) before any international tribunal that may be established to prosecute persons responsible for severe human rights abuses or censorship in North Korea. IV General authorities 401. Suspension of sanctions and other measures (a) In general Any sanction or other measure required under title I, II, or III (or any amendment made by such titles) may be suspended for up to 1 year upon certification by the President to the appropriate congressional committees that the Government of North Korea has made progress toward— (1) verifiably ceasing its counterfeiting of United States currency, including the surrender or destruction of specialized materials and equipment used or particularly suitable for counterfeiting; (2) taking steps toward financial transparency to comply with generally accepted protocols to cease and prevent the laundering of monetary instruments; (3) taking steps toward verification of its compliance with applicable United Nations Security Council resolutions; (4) taking steps toward accounting for and repatriating the citizens of other countries— (A) abducted or unlawfully held captive by the Government of North Korea; or (B) detained in violation of the 1953 Armistice Agreement; (5) accepting and beginning to abide by internationally recognized standards for the distribution and monitoring of humanitarian aid; and (6) taking verified steps to improve living conditions in its political prison camps. (b) Renewal of suspension The suspension described in subsection (a) may be renewed for additional, consecutive 180-day periods after the President certifies to the appropriate congressional committees that the Government of North Korea has continued to comply with the conditions described in subsection (a) during the previous year. 402. Termination of sanctions and other measures Any sanction or other measure required under title I, II, or III (or any amendment made by such titles) shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of North Korea has— (1) met the requirements set forth in section 401; and (2) has made significant progress toward— (A) completely, verifiably, and irreversibly dismantling all of its nuclear, chemical, biological, and radiological weapons programs, including all programs for the development of systems designed in whole or in part for the delivery of such weapons; (B) releasing all political prisoners, including the citizens of North Korea detained in North Korea’s political prison camps; and (C) (i) ceasing its censorship of peaceful political activity; (ii) establishing an open, transparent, and representative society; and (iii) fully accounting for and repatriating United States citizens (included deceased)— (I) abducted or unlawfully held captive by the Government of North Korea; or (II) detained in violation of the 1953 Armistice Agreement. 403. North Korea Enforcement and Humanitarian Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the North Korea Enforcement and Humanitarian Fund (referred to in this section as the Fund (b) Deposits The President shall deposit into the Fund, and shall transfer and consolidate on the books of the Treasury in a special account for the purposes described in subsection (c), all revenues derived from— (1) fines and penalties assessed for violations of this Act, or any regulation established under this Act, or for any violation of an applicable Executive order; and (2) except as provided in section 105(c), all fines and penalties paid in lieu of the commencement of, or paid in settlement of, criminal or civil proceedings for a violation of this Act or any regulation established under this Act, or for any violation of an applicable Executive order. (c) Uses There are authorized to be appropriated from the Fund each fiscal year— (1) such amounts as may be specified in an Act making appropriations for the administration of the Fund; and (2) without regard to fiscal year limitation, amounts not exceeding— (A) to carry out section 103 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7813 (B) to carry out section 104 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7814 (C) to carry out section 203 of the North Korea Human Rights Act of 2004 ( 22 U.S.C. 7833 (D) to carry out subsection (d) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) (as added by section 301 of this Act), $2,000,000. (d) Satisfaction of judgments (1) In general The President may direct a transfer of funds from the Fund established under this section to the United States district court in which any judgment has been entered against the Government of North Korea pursuant to section 1605A of title 28, United States Code, pursuant to section 1083(c)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( 28 U.S.C. 1605A (2) Rule of construction on standing by judgment creditors Nothing in this section, any amendment made by section 105, or section 306 shall be construed to create standing by any judgment creditor to contest or intervene in a forfeiture action under chapter 46 (e) Briefing required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall provide a briefing to the appropriate congressional committees describing amounts available in the Fund, amounts obligated and expended for each purpose, and any amounts transferred out of the Fund. (f) Transfer To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an annual appropriation law that is available after the obligation of amounts authorized to be appropriated in subsection (c) and authorized to be transferred in subsection (d), may be transferred out of the Fund and deposited, in equal proportions, into the funds established under section 524(c) (g) Sunset The Fund established under this section shall cease to exist on September 30, 2023, and any unexpended funds remaining in the Fund after such date shall be transferred in accordance with subsection (f). 404. Rulemaking (a) In general The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Act (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1704 (b) Rule of construction Nothing in this Act or in any amendment made by this Act shall be construed to limit the authority of the President to designate or sanction persons pursuant to an applicable Executive order or otherwise pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 405. Effective date Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be in effect during the 3-year period beginning on the date of the enactment of this Act. | North Korea Sanctions Enforcement Act of 2014 |
Ending Insider Trading in Commodities Act - Amends the Commodity Exchange Act to make it unlawful for any large financial institution, either directly or indirectly, to purchase or sell any swap, any commodity in interstate commerce, or any contract for future delivery of any commodity while in possession of material, nonpublic information related to the storage, shipment, or use of the commodity arising from the institution's ownership or interest in a business or facility used to store, ship, or use the commodity. | 113 S3013 IS: Ending Insider Trading in Commodities Act U.S. Senate 2014-12-12 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. 3013 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Levin Mr. McCain Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to prevent manipulation of physical commodities prices, and for other purposes. 1. Short title This Act may be cited as the Ending Insider Trading in Commodities Act 2. Prohibition regarding manipulation and use of nonpublic information (a) In general In section 6(c) of the Commodity Exchange Act ( 7 U.S.C. 9 (3) Other manipulation In addition to the prohibition under paragraph (1), it shall be unlawful— (A) for any person, directly or indirectly, to manipulate or attempt to manipulate the price of any swap, or of any commodity in interstate commerce, or of any contract for future delivery on or subject to the rules of any registered entity; and (B) for any large financial institution, directly or indirectly, to purchase or sell any swap, or any commodity in interstate commerce, or any contract for future delivery of any commodity, while in possession of material, nonpublic information related to the storage, shipment, or use of the commodity arising from the ownership or interest of the person in a business or facility used to store, ship, or use the commodity. . (b) Effectiveness The amendment made by subsection (a)— (1) shall take effect on the date that is 30 days after the date of enactment of this Act; and (2) is not conditioned on the adoption of any rule or regulation by the Commodity Futures Trading Commission. | Ending Insider Trading in Commodities Act |
Veterans Traumatic Brain Injury Care Improvement Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2008 to alter the reporting requirements under the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Directs the Secretary of Veterans Affairs (VA) to submit reports to the congressional veterans committees on the pilot program for each quarter occurring between January 1, 2015, and September 30, 2017. Requires each quarterly report to include for the preceding quarter: the number of individuals who participated in the pilot program, the number of individuals who successfully completed the program, the degree to which pilot program participants and their family members were satisfied with the program, and the interim findings and conclusions of the Secretary regarding the success of the program and recommendations for improving it. Requires the Secretary to include in the report the Secretary submits to the congressional veterans committees after the completion of the pilot program: an evaluation of the pilot program in light of the VA's independent living programs, including an assessment of whether the pilot program should be incorporated into such independent living programs; and recommendations for improving the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires this Act and its amendments to be carried out using funds already available for such purposes. | 113 S3014 IS: Veterans Traumatic Brain Injury Care Improvement Act of 2014 U.S. Senate 2014-12-12 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. 3014 IN THE SENATE OF THE UNITED STATES December 12, 2014 Ms. Ayotte Mrs. Shaheen Committee on Veterans' Affairs A BILL To extend and modify a pilot program on assisted living services for veterans with traumatic brain injury, and for other purposes. 1. Short title This Act may be cited as the Veterans Traumatic Brain Injury Care Improvement Act of 2014 2. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Modification of report requirements Subsection (e) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C (e) Reports (1) Quarterly reports (A) In general For each calendar quarter occurring during the period beginning January 1, 2015, and ending September 30, 2017, 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 Each report submitted under subparagraph (A) shall include each of the following for the quarter preceding the quarter during which the report is submitted: (i) The number of individuals that participated in the pilot program. (ii) The number of individuals that successfully completed the pilot program. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, 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 final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) The Secretary’s assessment of the utility of the activities carried out under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury. (iii) An evaluation of the pilot program in light of independent living programs carried out by the Secretary under title 38, United States Code, including— (I) whether the pilot program duplicates services provided under such independent living programs; (II) the ways in which the pilot program provides different services than the services provided under such independent living program; (III) how the pilot program could be better defined or shaped; and (IV) whether the pilot program should be incorporated into such independent living programs. (iv) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (b) Definition of community-Based brain injury residential rehabilitative care services Such section is further amended— (1) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (2) in subsection (c), in the subsection heading, by striking Assisted Living Community-Based Brain Injury Residential Rehabilitative Care (3) by striking assisted living community-based brain injury rehabilitative care (4) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Prohibition on new appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. | Veterans Traumatic Brain Injury Care Improvement Act of 2014 |
Preventing Executive Overreach on Immigration Act of 2014 - Prohibits the executive branch of the government from: exempting or deferring from removal, by executive order, regulation, or any other means, categories of aliens considered under the immigration laws to be unlawfully present in the United States; treating such aliens as if they were lawfully present or had a lawful immigration status; or treating them other than as unauthorized aliens. States that such prohibition shall not apply: to the extent prohibited by the Constitution; upon the request of federal, state, or local law enforcement agencies for purposes of maintaining aliens in the United States to be tried for crimes or to be trial witnesses; or for humanitarian purposes where the aliens are at imminent risk of serious bodily harm or death. Declares that any executive branch action intending to circumvent the objectives of this Act shall be null and void and without legal effect. States that this Act shall take effect as if enacted on November 20, 2014, and shall apply to requests (whether the request is original or for reopening of a previously denied request) submitted on or after that date for: (1) work authorization; or (2) exemption from, or deferral of, removal. | 113 S3015 IS: Preventing Executive Overreach on Immigration Act of 2014 U.S. Senate 2014-12-12 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. 3015 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Paul Committee on the Judiciary A BILL To establish a rule of construction clarifying the limitations on executive authority to provide certain forms of immigration relief. 1. Short title This Act may be cited as the Preventing Executive Overreach on Immigration Act of 2014 2. Findings Congress finds following: (1) Under article I, section 8, of the Constitution, Congress has the power to establish an uniform Rule of Naturalization the formulation of . . . policies [pertaining to the entry of aliens and their right to remain here] is entrusted exclusively to Congress has become about as firmly imbedded in the legislative and judicial tissues of our body politic as any aspect of our government (2) Under article II, section 3, of the Constitution, the President is required to take Care that the Laws be faithfully executed (3) Historically, executive branch officials have legitimately exercised their prosecutorial discretion through their constitutional power over foreign affairs to permit individuals or narrow groups of noncitizens to remain in the United States temporarily due to extraordinary circumstances in their country of origin that pose an imminent threat to the individuals’ life or physical safety. (4) Prosecutorial discretion generally ought to be applied on a case-by-case basis and not to whole categories of persons. (5) President Obama has stated at least 22 times in the past that he can’t ignore existing immigration law or create his own immigration law. (6) President Obama’s grant of deferred action to more than 4,000,000 unlawfully present aliens, as directed in a memorandum issued by Secretary of Homeland Security Jeh Charles Johnson on November 20, 2014, is without any constitutional or statutory basis. 3. Prohibition on unilateral deferral of deportations by the executive branch (a) In general Notwithstanding any other provision of law, the executive branch of the Government shall not— (1) exempt or defer, by Executive order, regulation, or any other means, categories of aliens considered under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) (2) treat aliens described in paragraph (1) as if they were lawfully present or had a lawful immigration status; or (3) treat such aliens other than as unauthorized aliens (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (b) Exceptions Subsection (a) shall apply except— (1) to the extent prohibited by the Constitution; (2) upon the request of Federal, State, or local law enforcement agencies, for purposes of maintaining aliens in the United States to be tried for crimes or to be witnesses at trial; or (3) for humanitarian purposes in which the aliens are at imminent risk of serious bodily harm or death. (c) Effect of executive action Any action by the executive branch with the purpose of circumventing the objectives of this section shall be null and void and without legal effect. (d) Effective date This section shall— (1) take effect as if enacted on November 20, 2014; and (2) apply to requests (regardless of whether the request is original or for reopening of a previously denied request) submitted on or after such date for— (A) work authorization; or (B) exemption from, or deferral of, removal. | Preventing Executive Overreach on Immigration Act of 2014 |
Mineral Materials Contracts Termination Act - Amends the Materials Act of 1947 to authorize the Secretary of the Interior to terminate a mineral materials contract and to return to the contract holder any bid deposit and performance bond paid to the Bureau of Land Management if the contract holder submits a request to terminate the contract before production is initiated and before any surface disturbance has occurred. States that the contract holder's acceptance of the amount returned by the Secretary to terminate the contract constitutes: (1) full and final settlement of the contract, and (2) an agreement not to bring a civil action against the United States with respect to it. | 113 S3016 IS: Mineral Materials Contracts Termination Act U.S. Senate 2014-12-12 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. 3016 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Heinrich Committee on Energy and Natural Resources A BILL To amend the Act of July 31, 1947, to provide for the termination of certain mineral materials contracts. 1. Short title This Act may be cited as the Mineral Materials Contracts Termination Act 2. Termination of certain mineral contracts Section 2 of the Act of July 31, 1947 (commonly known as the Materials Act of 1947 30 U.S.C. 602 (b) Termination of contract (1) In general If the holder of a valid mineral materials contract entered into under this Act (referred to in this subsection as the contract (A) terminate the contract; and (B) return to the contract holder any bid deposit and performance bond paid by the contract holder to the Bureau of Land Management under the contract. (2) Acceptance of payment Acceptance of an amount returned under paragraph (1)(B) by the contract holder shall constitute— (A) a full and final settlement of the contract; and (B) an agreement on the part of the contract holder not to bring a civil action against the United States with respect to the contract. . | Mineral Materials Contracts Termination Act |
Sage-Grouse Habitat Conservation and Restoration Act of 2014 - Provides a categorical exclusion under the National Environmental Policy Act of 1969 (NEPA) for a vegetation management project by the Bureau of Land Management (BLM) or the Forest Service involving removal or treatment of any Pinyon or Juniper tree to conserve or restore the habitat of the greater sage-grouse. (Under NEPA a categorical exclusion is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) | 113 S3017 IS: Sage-Grouse Habitat Conservation and Restoration Act of 2014 U.S. Senate 2014-12-12 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. 3017 IN THE SENATE OF THE UNITED STATES December 12, 2014 Mr. Hatch Committee on Environment and Public Works A BILL To provide a categorical exclusion under the National Environmental Policy Act of 1969 to allow the Director of the Bureau of Land Management and the Chief of the Forest Service to remove Pinyon-Juniper trees to conserve and restore the habitat of the greater sage-grouse. 1. Short title This Act may be cited as the Sage-Grouse Habitat Conservation and Restoration Act of 2014 2. Categorical exclusion for Pinyon-Juniper tree removal Notwithstanding any other provision of law, a vegetation management project by the Director of the Bureau of Land Management or the Chief of the Forest Service involving removal or treatment of any Pinyon or Juniper tree for the purpose of conserving or restoring the habitat of the greater sage-grouse shall be eligible to be a categorical exclusion (as defined in section 1508.4 42 U.S.C. 4321 et seq. | Sage-Grouse Habitat Conservation and Restoration Act of 2014 |
Partnership Auditing Fairness Act - Amends the Internal Revenue Code to revise rules for audits of large for-profit partnerships (partnerships with more than 100 partners). Repeals existing audit rules under Chapter 1 and Chapter 63 of the Internal Revenue Code. Allows partnerships with 100 or fewer partners to elect not to be covered by this provisions of this Act. Provides that items of partnership income, gain, loss, deductions, or credits shall be determined at the partnership level, instead of for each individual partner. Makes adjustments to partnership taxes applicable in the tax year in which such adjustments are finalized. Sets forth new procedures for notifying a partnership of an audit or an adjustment of partnership taxes. Requires partnerships to participate in an audit through a designated partnership representative. Allows partnerships to include audit adjustments on tax returns for the year in which such adjustments are finalized. Provides for the collection of additional taxes resulting from an audit and tax penalties from the partnership, instead of from individual partners. Permits partnerships to request judicial review of audit adjustments by filing a petition with the Tax Court, a district court, or the Court of Claims. Grants such courts jurisdiction to determine all items of income, gain, loss, deduction, or credit of the partnership. Establishes a three-year limitation period for making adjustments to partnership tax returns. | 113 S3018 IS: Partnership Auditing Fairness Act U.S. Senate 2014-12-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3018 IN THE SENATE OF THE UNITED STATES December 16, 2014 Mr. Levin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reform the rules relating to partnership audits and adjustments. 1. Short title This Act may be cited as the Partnership Auditing Fairness Act 2. Partnership audits and adjustments (a) Repeal of TEFRA partnership audit rules (1) In general Chapter 63 (2) Clerical amendment The table of subchapters for chapter 63 of such Code is amended by striking the item relating to subchapter C. (b) Repeal of electing large partnership rules (1) In general Subchapter K of chapter 1 (2) Assessment rules relating to electing large partnerships Chapter 63 of such Code is amended by striking subchapter D. (3) Clerical amendments (A) The table of parts for subchapter K of chapter 1 of such Code is amended by striking the item relating to part IV. (B) The table of subchapters for chapter 63 of such Code is amended by striking the item relating to subchapter D. (4) Effective date The amendments made by this subsection shall apply to returns filed after December 31, 2014. (c) Partnership audit reform (1) In general Chapter 63 C Treatment of partnerships Part I—In general Part II—Partnership adjustments Part III—Procedure Part IV—Definitions and special rules I In general Sec. 6221. Determination at partnership level. Sec. 6222. Partner’s return must be consistent with partnership return. Sec. 6223. Designation of partnership representative. 6221. Determination at partnership level (a) In general Items of income, gain, loss, deduction, or credit of a partnership for a partnership taxable year (and any partner’s distributive share thereof) shall be audited, any tax attributable thereto shall be assessed and collected, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to any such item or share shall be determined, at the partnership level pursuant to this subchapter. (b) Election out for certain partnerships with 100 or fewer partners This subchapter shall not apply with respect to any partnership for any taxable year if— (1) the partnership elects the application of this subsection for such taxable year, (2) the partnership has 100 or fewer partners on the last day of such taxable year, (3) each of the partners of such partnership is an individual, a C corporation (other than a real estate investment trust or a regulated investment company), any foreign entity that would be treated as a C corporation were it domestic, or an estate of a deceased partner, (4) the election— (A) is made with a timely filed return for such taxable year, and (B) includes (in the manner prescribed by the Secretary) a disclosure of the name and taxpayer identification number of each partner of such partnership, and (5) the partnership notifies each such partner of such election in the manner prescribed by the Secretary. For purposes of paragraph (4)(B), the Secretary may provide for alternative identification of any foreign partners. 6222. Partner’s return must be consistent with partnership return (a) In general A partner of any partnership shall, on the partner’s return, treat each item of income, gain, loss, deduction, or credit attributable to such partnership in a manner which is consistent with the treatment of such income, gain, loss, deduction, or credit on the partnership return. (b) Underpayment due to inconsistent treatment assessed as math error Any underpayment of tax by a partner by reason of failing to comply with the requirements of subsection (a) shall be assessed and collected in the same manner as if such underpayment were on account of a mathematical or clerical error appearing on the partner’s return. Paragraph (2) of section 6213(b) shall not apply to any assessment of an underpayment referred to in the preceding sentence. (c) Addition to tax for failure To comply with section For addition to tax in the case of partner’s disregard of the requirements of this section, see part II of subchapter A of chapter 68. 6223. Partners bound by actions of partnership (a) Designation of partner Each partnership shall designate (in the manner prescribed by the Secretary) a partner (or other person) as the partnership representative who shall have the sole authority to act on behalf of the partnership under this subchapter. In any case in which such a designation is not in effect, the Secretary may select any partner as the partnership representative. (b) Binding effect A partnership and all partners of such partnership shall be bound— (1) by actions taken under this subchapter by the partnership, and (2) by any decision in a proceeding brought under this subchapter. II Partnership adjustments Sec. 6225. Partnership adjustment by Secretary. Sec. 6226. Administrative adjustment request by partnership. 6225. Partnership adjustment by Secretary (a) In general In the case of any adjustment by the Secretary in the amount of any item of income, gain, loss, deduction, or credit of a partnership, or any partner’s distributive share thereof— (1) the partnership shall pay any imputed underpayment with respect to such adjustment in the adjustment year as provided in section 6232, and (2) any imputed overpayment shall be taken into account by the partnership in the adjustment year as a reduction in non-separately stated income or an increase in non-separately stated loss (whichever is appropriate) under section 702(a)(8). (b) Determination of imputed underpayments and overpayments For purposes of this subchapter— (1) In general Except as provided in subsection (c), any imputed underpayment or imputed overpayment with respect to any partnership adjustment for any reviewed year shall be determined— (A) by netting all adjustments of items of income, gain, loss, or deduction and multiplying such net amount by the highest rate of tax in effect for the reviewed year under section 1 or 11, (B) by treating any net increase or decrease in loss under subparagraph (A) as a decrease or increase, respectively, in income, and (C) by taking into account any adjustments to items of credit as an increase or decrease, as the case may be, in the amount determined under subparagraph (A). (2) Adjustments to distributive shares of partners not netted In the case of any adjustment which reallocates the distributive share of any item from one partner to another, such adjustment shall be taken into account under paragraph (1) by disregarding— (A) any decrease in any item of income or gain, and (B) any increase in any item of deduction, loss, or credit. (c) Modification of imputed underpayments (1) Method in general The Secretary shall establish procedures under which the imputed underpayment amount may be modified consistent with the requirements of this subsection. (2) Amended returns of partners Such procedures shall provide that if— (A) one or more partners file returns for the taxable year of the partners which includes the end of the reviewed year of the partnership, (B) such returns take into account all adjustments under subsection (a) properly allocable to such partners (and for any other taxable year with respect to which any tax attribute is affected by reason of such adjustments), and (C) payment of any tax due is included with such return, then the imputed underpayment amount shall be determined without regard to the portion of the adjustments so taken into account. (3) Reallocation of distributive share In the case of any adjustment which reallocates the distributive share of any item from one partner to another, paragraph (2) shall apply only if returns are filed by all partners affected by such adjustment. (4) Year and day for submission to Secretary Anything required to be submitted pursuant to paragraph (1) shall be submitted to the Secretary not later than the close the 180-day period beginning on the date on which the notice of a proposed partnership adjustment is mailed under section 6231 unless such period is extended with the consent of the Secretary. (5) Decision of Secretary Any modification of the imputed underpayment amount under this subsection shall be made only upon approval of such modification by the Secretary. (d) Definitions and special rule For purposes of this subchapter— (1) Reviewed year The term reviewed year (2) Adjustment year The term adjustment year (A) in the case of an adjustment pursuant to the decision of a court in a proceeding brought under section 6234, such decision becomes final, (B) in the case of an administrative adjustment request under section 6226, such administrative adjustment request is made, or (C) in any other case, notice of the final partnership adjustment is mailed under section 6231. 6226. Administrative adjustment request by partnership (a) In general A partnership may file a request for an administrative adjustment in the amount of any item of income, gain, loss, deduction, or credit of the partnership for any partnership taxable year, but only to the extent such adjustment results in an imputed underpayment. (b) Adjustment Any adjustment under subsection (a) shall be determined and taken into account by the partnership under rules similar to the rules of section 6225 (other than subsection (c) thereof) for the partnership taxable year in which the administrative adjustment request is made. (c) Period of limitations A partnership may not file such a request— (1) more than 3 years after the later of— (A) the date on which the partnership return for such year is filed, or (B) the last day for filing the partnership return for such year (determined without regard to extensions), and (2) after any notice of an administrative proceeding with respect to the taxable year is mailed under section 6231. III Procedure Sec. 6231. Notice of proceedings and adjustment. Sec. 6232. Assessment, collection, and payment. Sec. 6233. Penalties and interest. Sec. 6234. Judicial review of partnership adjustment. Sec. 6235. Period of limitations on making adjustments. 6231. Notice of proceedings and adjustment (a) In general The Secretary shall mail to the partnership and the partnership representative— (1) notice of any administrative proceeding initiated at the partnership level with respect to an adjustment of any item of income, gain, loss, deduction, or credit of a partnership for a partnership taxable year, or any partner’s distributive share thereof, (2) notice of any proposed partnership adjustment resulting from such proceeding, and (3) notice of any final partnership adjustment resulting from such proceeding. Any notice of a final partnership adjustment shall not be mailed earlier than 180 days after the date on which the notice of the proposed partnership adjustment is mailed. Such notices shall be sufficient if mailed to the last known address of the partnership representative or the partnership (even if the partnership has terminated its existence). The first sentence shall apply to any proceeding with respect to an administrative adjustment request filed by a partnership under section 6226. (b) Further notices restricted If the Secretary mails a notice of a final partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6234 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year. (c) Authority To rescind notice with partnership consent The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment for purposes of this subchapter, and the taxpayer shall have no right to bring a proceeding under section 6234 with respect to such notice. 6232. Assessment, collection, and payment (a) In general Any imputed underpayment— (1) shall be assessed and collected in the same manner as if it were a tax imposed for the adjustment year by subtitle A, and (2) shall be paid on or before the return due date for the adjustment year. (b) Limitation on assessment Except as otherwise provided in this chapter, no assessment of a deficiency may be made (and no levy or proceeding in any court for the collection of any amount resulting from such adjustment may be made, begun or prosecuted) before— (1) the close of the 90th day after the day on which a notice of a final partnership adjustment was mailed, and (2) if a petition is filed under section 6234 with respect to such notice, the decision of the court has become final. (c) Premature action may be enjoined Notwithstanding section 7421(a), any action which violates subsection (b) may be enjoined in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action under this subsection unless a timely petition has been filed under section 6234 and then only in respect of the adjustments that are the subject of such petition. (d) Exceptions to restrictions on adjustments (1) Adjustments arising out of math or clerical errors (A) In general If the partnership is notified that, on account of a mathematical or clerical error appearing on the partnership return, an adjustment to a partnership item is required, rules similar to the rules of paragraphs (1) and (2) of section 6213(b) shall apply to such adjustment. (B) Special rule If a partnership is a partner in another partnership, any adjustment on account of such partnership’s failure to comply with the requirements of section 6222(a) with respect to its interest in such other partnership shall be treated as an adjustment referred to in subparagraph (A), except that paragraph (2) of section 6213(b) shall not apply to such adjustment. (2) Partnership may waive restrictions The partnership may at any time (whether or not any notice of partnership adjustment has been issued), by a signed notice in writing filed with the Secretary, waive the restrictions provided in subsection (b) on the making of any partnership adjustment. (e) Limit where no proceeding begun If no proceeding under section 6234 is begun with respect to any notice of a final partnership adjustment during the 90-day period described in subsection (b) thereof, the amount for which the partnership is liable under section 6225 shall not exceed the amount determined in accordance with such notice. 6233. Penalties and interest (a) Penalties and interest determined from reviewed year (1) In general In the case of an imputed underpayment with respect to a partnership adjustment for a reviewed year, the partnership— (A) shall pay to the Secretary interest computed under paragraph (2), and (B) shall be liable for any penalty, addition to tax, or additional amount as provided in paragraph (3). (2) Determination of amount of interest The interest computed under this paragraph with respect to any partnership adjustment is the interest which would be determined under chapter 67— (A) on the imputed underpayment determined with respect to such adjustment, and (B) for the period beginning on the day after the return due date for the reviewed year and ending on the return due date for the adjustment year (or, if earlier, the date payment of the imputed underpayment is made). Proper adjustments in the amount determined under the preceding sentence shall be made for adjustments required for partnership taxable years after the reviewed year and before the adjustment year by reason of such partnership adjustment. (3) Penalties A partnership shall be liable for any penalty, addition to tax, or additional amount for which it would have been liable if such partnership had been an individual subject to tax under chapter 1 for the reviewed year and the imputed underpayment were an actual underpayment (or understatement) for such year. (b) Interest and penalties with respect to adjustment year return (1) In general In the case of any failure to pay an imputed underpayment on the date prescribed therefor, the partnership shall be liable— (A) for interest as determined under paragraph (2), and (B) for any penalty, addition to tax, or additional amount as determined under paragraph (3). (2) Interest Interest determined under this paragraph is the interest that would be determined by treating the imputed underpayment as an underpayment of tax imposed in the adjustment year. (3) Penalties Penalties, additions to tax, or additional amounts determined under this paragraph are the penalties, additions to tax, or additional amounts that would be determined— (A) by applying section 6651(a)(2) to such failure to pay, and (B) by treating the imputed underpayment as an underpayment of tax for purposes of part II of subchapter A of chapter 68. 6234. Judicial review of partnership adjustment (a) In general Within 90 days after the date on which a notice of a final partnership adjustment is mailed under section 6231 with respect to any partnership taxable year, the partnership may file a petition for a readjustment for such taxable year with— (1) the Tax Court, (2) the district court of the United States for the district in which the partnership’s principal place of business is located, or (3) the Claims Court. (b) Jurisdictional requirement for bringing action in district court or Claims Court (1) In general A readjustment petition under this section may be filed in a district court of the United States or the Claims Court only if the partnership filing the petition deposits with the Secretary, on or before the date the petition is filed, the amount of the imputed underpayment (as of the date of the filing of the petition) if the partnership adjustment was made as provided by the notice of final partnership adjustment. The court may by order provide that the jurisdictional requirements of this paragraph are satisfied where there has been a good faith attempt to satisfy such requirement and any shortfall of the amount required to be deposited is timely corrected. (2) Interest payable Any amount deposited under paragraph (1), while deposited, shall not be treated as a payment of tax for purposes of this title (other than chapter 67). (c) Scope of judicial review A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all items of income, gain, loss, deduction, or credit of the partnership for the partnership taxable year to which the notice of final partnership adjustment relates, the proper allocation of such items among the partners, and the applicability of any penalty, addition to tax, or additional amount for which the partnership may be liable under this subchapter. (d) Determination of court reviewable Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the court’s order entering the decision. (e) Effect of decision dismissing action If an action brought under this section is dismissed other than by reason of a rescission under section 6231(c), the decision of the court dismissing the action shall be considered as its decision that the notice of final partnership adjustment is correct, and an appropriate order shall be entered in the records of the court. 6235. Period of limitations on making adjustments (a) In general Except as otherwise provided in this section, no adjustment under this subpart for any partnership taxable year may be made after the date which is 3 years after the latest of— (1) the date on which the partnership return for such taxable year was filed, (2) the return due date for the taxable year, or (3) the date on which the partnership filed an administrative adjustment request with respect to such year under section 6226. (b) Extension by agreement The period described in subsection (a) (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period. (c) Special rule in case of fraud, etc (1) False return In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time. (2) Substantial omission of income If any partnership omits from gross income an amount properly includible therein and such amount is described in section 6501(e)(1)(A), subsection (a) shall be applied by substituting 6 years 3 years (3) No return In the case of a failure by a partnership to file a return for any taxable year, the adjustment may be made at any time. (4) Return filed by Secretary For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership. (d) Suspension when Secretary mails notice of adjustment If notice of a final partnership adjustment with respect to any taxable year is mailed under section 6231, the running of the period specified in subsection (a) (as modified by the other provisions of this section) shall be suspended— (1) for the period during which an action may be brought under section 6234 (and, if a petition is filed under such section with respect to such notice, until the decision of the court becomes final), and (2) for 1 year thereafter. IV Definitions and special rules Sec. 6241. Definitions and special rules. 6241. Definitions and special rules (a) Definitions and special rules For purposes of this subchapter— (1) Partnership The term partnership (2) Partner The term partner (A) a partner in the partnership, and (B) any other person whose income tax liability under subtitle A is determined in whole or in part by taking into account directly or indirectly income, gain, deduction, or loss of the partnership. (b) Partnership adjustment The term partnership adjustment (c) Return due date The term return due date (d) Joint and several liability (1) In general The partnership and any partner of the partnership shall be jointly and severally liable for any imputed underpayment and any penalty, addition to tax, or additional amount attributable thereto. (2) Period for assessment of partners The period for assessment of an imputed underpayment with respect to a partner of a partnership shall not expire earlier than 3 years after the date on which an assessment of such imputed underpayment was made with respect to the partnership. (3) Determining partners A person shall be treated as partner of the partnership if such person is a partner of such partnership at any time during the reviewed or adjustment year. (e) Payments nondeductible No deduction shall be allowed under subtitle A for any payment required to be made by a partnership under this subchapter. (f) Special rule for deductions, losses, and credits of foreign partnerships Except to the extent otherwise provided in regulations, in the case of any partnership the partnership representative of which resides outside the United States or the books of which are maintained outside the United States, no deduction, loss, or credit shall be allowable to any partner unless section 6031 is complied with for the partnership’s taxable year in which such deduction, loss, or credit arose at such time as the Secretary prescribes by regulations. (g) Partnerships having principal place of business outside United States For purposes of sections 6234, a principal place of business located outside the United States shall be treated as located in the District of Columbia. (h) Partnerships in cases under title 11 of United States Code (1) Suspension of period of limitations on making adjustment, assessment, or collection The running of any period of limitations provided in this subchapter on making a partnership adjustment (or provided by section 6501 or 6502 on the assessment or collection of any imputed underpayment determined under this subchapter) shall, in a case under title 11 of the United States Code, be suspended during the period during which the Secretary is prohibited by reason of such case from making the adjustment (or assessment or collection) and— (A) for adjustment or assessment, 60 days thereafter, and (B) for collection, 6 months thereafter. A rule similar to the rule of section 6213(f)(2) shall apply for purposes of section 6232(b). (2) Suspension of period of limitation for filing for judicial review The running of the period specified in section 6234 shall, in a case under title 11 of the United States Code, be suspended during the period during which the partnership is prohibited by reason of such case from filing a petition under section 6234 and for 60 days thereafter. . (2) Clerical amendment The table of subchapters for chapter 63 of such Code is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Treatment of partnerships . (d) Conforming amendments (1) Section 6422 (2) Section 6501(n) of such Code is amended— (A) by striking paragraphs (2) and (3), and (B) by striking Cross references For period of limitations Cross reference.— (3) Section 6503(a)(1) of such Code is amended by striking (or section 6229 of section 6230(a)) (4) Section 6504 of such Code is amended by striking paragraph (11). (5) Section 6511 of such Code is amended by striking subsection (g). (6) Section 6512(b)(3) of such Code is amended by striking the second sentence. (7) Section 6515 of such Code is amended by striking paragraph (6). (8) Section 6601(c) of such Code is amended by striking the last sentence. (9) Section 7421(a) of such Code is amended by striking 6225(b), 6246(b) 6232(c) (10) Section 7422 of such Code is amended by striking subsection (h). (11) Section 7459(c) of such Code is amended by striking section 6226 or 6252 section 6234 (12) Section 7482(b)(1) of such Code is amended— (A) by striking section 6226, 6228, 6247, or 6252 section 6234 (B) by striking subparagraph (F), by striking or or (C) by striking section 6226, 6228(a), or 6234(c) section 6234 (13) Section 7485(b) of such Code is amended by striking section 6226, 6228(a), 6247, or 6252 section 6234 (e) Effective date Except as provided in subsection (b)(4), the amendments made by this section shall apply to returns filed for partnership taxable years ending after December 31, 2014, except that a partnership may elect (at such time and in such form and manner as the Secretary of the Treasury may prescribe) for such amendments to apply to any return of the partnership filed for partnership taxable years ending after the date of the enactment of this Act and before January 1, 2015. | Partnership Auditing Fairness Act |
War Powers Against Non-State Actors Act of 2014 - Amends the War Powers Resolution to declare that the authority to use U.S. Armed Forces against non-state actors would terminate 60 days after submission of a specified presidential report explaining that use, unless: (1) the President's actions are based on a law providing for the use of military force against a non-state actor; or (2) the President notifies Congress that continued use of military force is necessary because the non-state actor poses a continuing and imminent threat to the United States or U.S. persons, and Congress does not enact a joint resolution of disapproval under expedited procedures. | 113 S3019 IS: War Powers Against Non-State Actors Act of 2014 U.S. Senate 2014-12-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 3019 IN THE SENATE OF THE UNITED STATES December 16, 2014 Mr. Levin Committee on Foreign Relations A BILL To amend the War Powers Resolution to provide for the use of military force against non-state actors. 1. Short title This Act may be cited as the War Powers Against Non-State Actors Act of 2014 2. Use of military force against non-state actors The War Powers Resolution ( 50 U.S.C. 1541 et seq. 5a. Non-state actors (a) Termination of use of United States armed forces; exceptions In the event that a report submitted by the President to Congress consistent with the requirements of section 4 relates to the use of the United States Armed Forces against a non-state organization or entity— (1) the requirement in section 5(b) shall not apply; and (2) not later than 60 days after the date on which the President submits the report, the President shall terminate the use of the Armed Forces of the United States unless— (A) the legal authority under which the President has made the approval is a law providing authority to use the Armed Forces of the United States against the non-state organization or entity; or (B) (i) the President notifies Congress that continuing military action is necessary because the non-state organization or entity is a terrorist organization that poses a continuing and imminent threat to the United States and United States persons; and (ii) Congress does not enact a joint resolution disapproving such report pursuant to subsection (b). (b) Expedited procedures for joint resolution (1) Joint resolution described For purposes of this section, the term joint resolution That Congress disapproves the authorization to use for the Armed Forces of the United States to use direct action as submitted by the President in the notification submitted to Congress on ______ (2) Applicable procedures Any joint resolution introduced pursuant to this subsection shall be subject to the congressional priority procedures established for concurrent resolutions in section 7 and section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 ( 50 U.S.C. 1546a (c) Rule of construction Nothing in this section is intended to alter the constitutional authority of Congress or the President. . | War Powers Against Non-State Actors Act of 2014 |
Voter Integrity Protection Act - Amends the Immigration and Nationality Act to make voting in a federal election (unless otherwise provided for under the federal criminal code) by an alien who is unlawfully in the United States an aggravated felony and a deportable offense. | 114 S68 IS: Voter Integrity Protection Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 68 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony and for other purposes. 1. Short title This Act may be cited as the Voter Integrity Protection Act 2. Unlawful voting (a) Aggravated felony Paragraph (43) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (1) in subparagraph (T), by striking and (2) in subparagraph (U), by striking the period at the end and inserting a semicolon and and (3) by adding at the end the following: (V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States. . (b) Deportable offense Paragraph (2) of section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) (G) Voting offenses Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code. . | Voter Integrity Protection Act |
Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, refining, processing, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. | 114 S1907 IS: Close Big Oil Tax Loopholes Act U.S. Senate 2015-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1907 IN THE SENATE OF THE UNITED STATES July 30, 2015 Mr. Menendez Mr. Markey Mr. Whitehouse Mr. Merkley Ms. Mikulski Ms. Klobuchar Mrs. Shaheen Mrs. Feinstein Mr. Reed Mrs. Boxer Ms. Stabenow Mr. Leahy Mr. Schumer Mr. Nelson Mrs. Murray Mr. Franken Mr. Cardin Mr. Peters Mr. Durbin Committee on Finance A BILL To reduce the Federal budget deficit by closing big oil tax loopholes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Close Big Oil Tax Loopholes Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Close big oil tax loopholes Sec. 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 103. Limitation on deduction for intangible drilling and development costs; amortization of disallowed amounts. Sec. 104. Limitation on percentage depletion allowance for oil and gas wells. Sec. 105. Limitation on deduction for tertiary injectants. Sec. 106. Modification of definition of major integrated oil company. TITLE II—Outer Continental Shelf oil and natural gas Sec. 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief. TITLE III—Miscellaneous Sec. 301. Deficit reduction. Sec. 302. Budgetary effects. I Close big oil tax loopholes 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) (E) Special rule for certain oil and gas income In the case of any taxpayer who is a major integrated oil company (within the meaning of section 167(h)(5)) for the taxable year, the term domestic production gross receipts . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2015. 103. Limitation on deduction for intangible drilling and development costs; amortization of disallowed amounts (a) In general Section 263(c) (c) Intangible drilling and development costs in the case of oil and gas wells and geothermal wells (1) In general Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells and which were recognized and approved by the Congress in House Concurrent Resolution 50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. (2) Exclusion (A) In general This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). (B) Amortization of amounts not allowable as deductions under subparagraph (A) The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. 104. Limitation on percentage depletion allowance for oil and gas wells (a) In general Section 613A (f) Application with respect to major integrated oil companies In the case of any taxable year in which the taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for percentage depletion shall be zero. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2015. 105. Limitation on deduction for tertiary injectants (a) In general Section 193 (d) Application with respect to major integrated oil companies (1) In general This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (within the meaning of section 167(h)(5)). (2) Amortization of amounts not allowable as deductions under paragraph (1) The amount not allowable as a deduction for any taxable year by reason of paragraph (1) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2015. 106. Modification of definition of major integrated oil company (a) In general Paragraph (5) of section 167(h) (C) Certain successors in interest For purposes of this paragraph, the term major integrated oil company . (b) Conforming amendments (1) In general Subparagraph (B) of section 167(h)(5) except as provided in subparagraph (C), For purposes of this paragraph, (2) Taxable years tested Clause (iii) of section 167(h)(5)(B) of such Code is amended— (A) by striking does not apply by reason of paragraph (4) of section 613A(d) did not apply by reason of paragraph (4) of section 613A(d) for any taxable year after 2004 (B) by striking does not apply did not apply for the taxable year (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. II Outer Continental Shelf oil and natural gas 201. Repeal of outer Continental Shelf deep water and deep gas royalty relief (a) In general Sections 344 and 345 of the Energy Policy Act of 2005 ( 42 U.S.C. 15904 (b) Administration The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published. III Miscellaneous 301. Deficit reduction The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. 302. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation | Close Big Oil Tax Loopholes Act |
Protecting and Preserving Social Security Act - Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to prepare and publish for each calendar month a Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in consumption expenditures typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPIEC the applicable Consumer Price Index (CPI) for computation of cost-of-lving increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to prescribe special rules for the determination of wages and self-employment income above the contribution and benefit base after 2013. Amends SSA title II to include surplus average indexed monthly earnings (AIME) in the determination of primary OASDI amounts. | 114 S960 IS: Protecting and Preserving Social Security Act U.S. Senate 2015-04-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 960 IN THE SENATE OF THE UNITED STATES April 15, 2015 Ms. Hirono Committee on Finance A BILL To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to make improvements in the old-age, survivors, and disability insurance program, and to provide for Social Security benefit protection. 1. Short title and table of contents (a) Short title This Act may cited as the Protecting and Preserving Social Security Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Title I—Cost-of-Living Increases Sec. 101. Consumer Price Index for Elderly Consumers. Sec. 102. Computation of cost-of-living increases. Title II—Contribution and benefit fairness Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2015. Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. I Cost-of-Living Increases 101. Consumer Price Index for Elderly Consumers (a) In General The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers (b) Effective Date Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 102. Computation of cost-of-living increases (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) (1) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (2) in paragraph (4), by striking and by section 9001 , by section 9001 1986, and by section 102 of the Protecting and Preserving Social Security Act (b) Conforming amendments in applicable former law Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index (c) Effective date The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act ( 42 U.S.C. 415(i)(1)(B) II Contribution and benefit fairness 201. Determination of wages and self-employment income above contribution and benefit base after 2015 (a) Determination of wages above contribution and benefit base after 2015 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of that part of the remuneration (B) in subsection (c), by striking (c) Included and excluded service.— (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining wages For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2016 86% Calendar year 2017 71% Calendar year 2018 57% Calendar year 2019 43% Calendar year 2020 29% Calendar year 2021 14% Calendar years after 2021 0%. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 (A) in subsection (a)(1)(I)— (i) by inserting and before 2016 1974 (ii) by inserting and (B) in subsection (a)(1), by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2015 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (C) by adding at the end the following new subsection: (l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2016 86% Calendar year 2017 71% Calendar year 2018 57% Calendar year 2019 43% Calendar year 2020 29% Calendar year 2021 14% Calendar years after 2021 0%. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2015. (b) Determination of self-Employment income above contribution and benefit base after 2015 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 (A) in subsection (b)(1), by inserting an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment (B) in subsection (d)— (i) by striking (d) Employee and wages.— (d) Rules and definitions (1) Employee and wages The term ; and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining self-employment income For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2016 86% Calendar year 2017 71% Calendar year 2018 57% Calendar year 2019 43% Calendar year 2020 29% Calendar year 2021 14% Calendar years after 2021 0%. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 (A) in subsection (b)(1)(I)— (i) by striking or (ii) by inserting and before 2016 1974 (B) in subsection (b)— (i) by redesignating paragraph (2) as paragraph (3); and (ii) by inserting after paragraph (1) the following: (2) For any taxable year beginning in any calendar year after 2015, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or ; and (C) by adding at the end the following: (l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2016 86% Calendar year 2017 71% Calendar year 2018 57% Calendar year 2019 43% Calendar year 2020 29% Calendar year 2021 14% Calendar years after 2021 0%. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2016. 202. Inclusion of surplus earnings in Social Security benefit formula (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts (1) In general Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) (A) in clauses (i), (ii), and (iii), by inserting basic average indexed monthly earnings (B) in clause (ii), by striking and (C) by inserting after clause (iii) the following new clauses: (iv) 3 percent of the individual’s surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over 1/12 (v) 0.25 percent of the sum of the individual’s surplus average indexed monthly earnings plus 1/12 . (2) Bend point for surplus earnings Section 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) (A) in clause (ii), by striking the amounts so established the amounts established for purposes of clauses (i) and (ii) of subparagraph (A) (B) by redesignating clause (iii) as clause (v); (C) in clause (v) (as redesignated), by inserting or (iv) clause (ii) (D) by inserting after clause (ii) the following new clauses: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2016, the amount established for purposes of clause (iv) of subparagraph (A) shall be $11,358. (iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2016, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2016 under clause (iii) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by (II) the national average wage index (as so defined) for 2014. . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) (A) by inserting basic average (B) in subparagraph (A), by striking paragraph (3) paragraph (3)(A) to the extent such total does not exceed the contribution and benefit base for the applicable year (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) (b)(1) (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) (A) in subparagraph (A), by striking subparagraph (B) subparagraph (C) and determination of basic average indexed monthly income paragraph (2) (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2015. | Protecting and Preserving Social Security Act |
(This measure has not been amended since it was passed by the Senate on July 9, 2014. The summary of that version is repeated here.) Lower Mississippi River Area Study Act - Directs the Secretary of the Interior to complete a special resource study that evaluates the national significance of a specified study area located in Plaquemines Parish in Louisiana, and the feasibility of designating such area as a unit of the National Park System. Requires such study to: (1) include cost estimates for the potential acquisition of the study area, and (2) identify alternatives for the management and protection of such area. Bars the study from being conducted until funding is received either by: (1) the Secretary entering into an agreement with a state, unit of local government, or other entity to conduct the study using non-federal funds; or (2) the Secretary receiving a donation sufficient to pay the cost of conducting the study. | 113 S311 ES: Lower Mississippi River Area Study 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. 113th CONGRESS 2d Session S. 311 IN THE SENATE OF THE UNITED STATES AN ACT To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Lower Mississippi River Area Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area The term study area 3. Study (a) In general Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the State of Louisiana and other interested organizations, shall complete a special resource study that evaluates— (1) the national significance of the study area; and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Criteria In conducting the study under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System in section 8(c) of National Park System General Authorities Act ( 16 U.S.C. 1a–5(c) (c) Content The study described in subsection (a) shall— (1) include cost estimates for the potential acquisition, development, operation, and maintenance of the study area; and (2) identify alternatives for the management, administration, and protection of the study area. 4. Agreement; Donations The study described in section 3 shall not be conducted until the date on which— (1) the Secretary enters into an agreement with a State, unit of local government, or other entity to conduct the study using non-Federal funds; or (2) the Secretary receives a donation of an amount of non-Federal funds sufficient to pay the cost of conducting the study. Passed the Senate July 9, 2014. Secretary | Lower Mississippi River Area Study Act |
After School for America's Children Act - Amends the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (ESEA). (21st Century Community Learning Centers provide students with before and after school programs to improve their academic performance.) Requires the Centers to provide: (1) students with activities that are targeted to their academic needs and aligned with the instruction they receive during the school day, and (2) students' families with opportunities for active and meaningful engagement in their children's education. Includes Indian tribes or organizations among the local public or private entities that are eligible for grants from states to establish the Centers. Requires states to use at least 93% (currently 95%) of their allotment from the Secretary of Education to provide grants to those entities. Allows states to use up to 5% (currently, 3%) of their allotment for certain state activities. Requires states to: (1) award grants to local entities that serve students who primarily attend schools that are eligible for schoolwide programs under part A of title I of the ESEA, and (2) favor applicants that propose to serve students that have not achieved proficiency in accordance with state academic achievement standards. Requires states to use a rigorous peer review process in reviewing grant applications. Allows states to renew a grant under part B based on the grantee's performance during the original grant period. Prohibits the Secretary or states from giving funding priority to applicants that propose to use the funds to extend the regular school day. Includes among the activities grants may fund: (1) core academic subject education activities, including those that allow students to recover or attain credits; (2) literacy education programs; (3) programs that support a healthy, active lifestyle; (4) services for the disabled; (5) cultural programs; and (6) programs that build science, technology, engineering, and mathematics (STEM) skills and support innovative STEM teaching methods. Reauthorizes the 21st Century Community Learning Centers program through FY2019. | 114 S308 IS: After School for America's Children Act U.S. Senate 2015-01-29 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. 308 IN THE SENATE OF THE UNITED STATES January 29, 2015 Mrs. Boxer Ms. Murkowski Mr. Manchin Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To reauthorize 21st century community learning centers, and for other purposes. 1. Short title This Act may be cited as the After School for America's Children Act 2. Purpose; definitions Section 4201 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 (1) in subsection (a)— (A) in paragraph (1), by striking , such as reading and mathematics (B) in paragraph (2)— (i) by inserting service learning, nutrition and health education, drug and (ii) by striking and recreation programs character education programs physical fitness and wellness programs, and technology education programs (C) by striking paragraph (3) and inserting the following: (3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. ; and (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) assists students in meeting State and local academic achievement standards in core academic subjects by providing the students with academic and enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before or after school or during summer recess) that— (i) reinforce and complement the regular academic programs of the schools attended by the students served; and (ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and ; and (ii) in subparagraph (B), by inserting and opportunities for active and meaningful engagement in their children’s education (B) in paragraph (3), by inserting Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act ( 25 U.S.C. 450b community-based organization, (C) by redesignating paragraph (4) as paragraph (6); and (D) by inserting after paragraph (3) the following: (4) External organization The term external organization (A) a nonprofit organization with a record of success in running or working with after school programs; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a formal agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance. (5) Rigorous peer review process The term rigorous peer review process (A) employees of a State educational agency who are familiar with the 21st century community learning center program under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B) the State educational agency selects peer reviewers for such applications, who shall— (i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii) not include any applicant, or representative of an applicant, that has submitted an application under such section for the current application period; and (C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. . 3. Allotments to States Section 4202(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7172(c) (1) in paragraph (1), by striking 95 percent 93 percent (2) in paragraph (2)— (A) in subparagraph (B), by inserting rigorous peer review (B) by striking supervising the (C) supervising the ; and (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking 3 percent 5 percent (B) by adding at the end the following: (E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the after school program with State academic standards. (F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G) Working with teachers, principals, parents, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs. (H) Coordinating funds received under this program with other Federal and State funds to implement high-quality programs. (I) Providing a list of prescreened external organizations, as described in section 4203(a)(11). . 4. State application Section 4203 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7173 (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (3) contains an assurance that the State educational agency— (A) will make awards under this part to eligible entities that serve students who primarily attend schools that are eligible for schoolwide programs under section 1114 and the families of such students; and (B) will further give priority to eligible entities that propose in the application to serve students who are not proficient, as described in section 4204(i)(1); ; (B) in paragraph (4), by inserting State and students meet (C) in paragraph (6), by striking and dissemination of promising practices , dissemination of promising practices, and coordination of professional development for staff in specific content areas as well as youth development (D) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; (E) by inserting after paragraph (10) the following: (11) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this part, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; ; (F) in paragraph (12) (as redesignated by subparagraph (D))— (i) by striking provides an assurance provides— (A) an assurance ; (ii) by inserting statewide after school networks (where applicable), or their designees, (iii) by striking and representatives of teachers organizations; representatives of teachers, local educational agencies, and community-based organizations; and (B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; ; and (G) in paragraph (14) (as redesignated by subparagraph (D))— (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) in subparagraph (A), by striking ; and with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i) are able to track student success and improvement over time, and (ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; (B) a description of how data collected for the purposes of subparagraph (A) will be collected; and ; and (2) by adding at the end the following: (g) Limitation The Secretary may not impose a priority or preference for eligibility for, or applications by, States or eligible entities that seek to use funds made available under this part to extend the regular school day. . 5. Local competitive grant program Section 4204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7174 (1) in subsections (b), (c), (d), (g), (h), and (i), by striking under this part under this section (2) in subsection (b)(2)— (A) in subparagraph (A)(ii), by inserting , if applicable home (B) in subparagraph (B), by inserting , as well as overall student success (C) by striking subparagraph (C) and inserting the following: (C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; ; (D) by striking subparagraph (D) and inserting the following: (D) an assurance that the proposed program was developed, and will be carried out, in— (i) active collaboration with the schools the students attend, including the sharing of relevant student data among the schools, all participants in the eligible entity, and any partnering entities described in subparagraph (H) while complying with applicable laws relating to privacy and confidentiality; and (ii) in alignment with State and local content and student academic achievement standards; ; (E) in subparagraph (F), by striking primarily target students who target students who primarily (F) by striking subparagraph (J) and inserting the following: (J) a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students; ; and (G) in subparagraph (M)— (i) by striking senior volunteers volunteers (ii) by striking qualified seniors qualified persons (3) in subsection (e), by inserting rigorous peer review (4) in subsection (i)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) proposing to target services to— (i) students who primarily attend schools that— (I) have been identified as in need of improvement under section 1116; (II) have been identified as in need of improvement or corrective action under paragraph (1) or (7) of section 1116(b); or (III) enroll students who scored below the proficient level on the State academic assessments under section 1111(b)(3) in reading, language arts, or mathematics, on the most recent such assessments for which data are available; and (ii) the families of students described in clause (i); ; (ii) by striking clause (ii) of subparagraph (B) and inserting the following: (ii) other eligible entity; and ; and (iii) by adding at the end the following: (C) demonstrating that the activities proposed in the application— (i) are, as of the date of the submission of the application, not accessible to students who would be served; or (ii) would expand accessibility to high-quality services that may be available in the community. ; and (B) by adding at the end the following: (3) Limitation A State educational agency may not impose a priority or preference for eligibility for, or applications by, eligible entities that seek to use funds made available under this part to extend the regular school day. ; and (5) by adding at the end the following: (j) Renewability of awards A State educational agency may renew a grant provided under this section to an eligible entity, based on the eligible entity's performance during the original grant period. . 6. Local activities Section 4205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7175 (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking under this part under section 4204 (ii) by inserting and support student success academic achievement (B) by redesignating paragraphs (6) through (12) as paragraphs (7) through (13), respectively; (C) by striking paragraphs (1) through (5) and inserting the following: (1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— (A) State and local content and student academic achievement standards; and (B) local curricula that are designed to improve student academic achievement; (2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3) literacy education programs; (4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; (5) art and music education activities; (6) services for individuals with disabilities; ; (D) by striking paragraph (8) (as redesignated by subparagraph (B)) and inserting the following: (8) cultural programs; ; (E) in paragraph (11) (as redesignated by subparagraph (B)), by inserting parenting skills programs (F) in paragraph (12) (as redesignated by subparagraph (B)), by striking and (G) in paragraph (13) (as redesignated by subparagraph (B)), by striking , counseling programs, and character education programs. and counseling programs; and (H) by adding at the end the following: (14) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as STEM ; and (2) in subsection (b)— (A) in the subsection heading, by striking Principles of Measures of (B) in paragraph (1)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and (E) collect the data necessary for the measures of student success described in subparagraph (D). ; and (C) in paragraph (2)— (i) in subparagraph (A), by inserting and overall student success (ii) in subparagraph (B)— (I) in clause (i), by striking and (II) in clause (ii), by striking the period at the end and inserting ; and (III) by adding at the end the following: (iii) used by the State to determine whether a grant is eligible to be renewed under section 4204(j). . 7. Authorization of appropriations Section 4206 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7176 4206. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2016 and each of the 5 succeeding fiscal years. . 8. Transition The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. | After School for America's Children Act |
San Juan Mountains Wilderness Act- (Sec. 3) Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and specified land of the Bureau of Land Management (BLM) in Colorado as parts of the Lizard Head Wilderness and of the Mount Sneffels Wilderness in the National Wilderness Preservation System. Designates certain BLM land as the McKenna Peak Wilderness. (Sec. 4) Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area (the Special Management Area). Requires the Secretary of Agriculture (USDA) to manage the Special Management Area in a manner that: (1) conserves, protects, and enhances the resources and values of such Area; and (2) maintains or improves its wilderness character for potential inclusion in the System. Prohibits the use in the Special Management Area of: (1) permanent roads; (2) motor vehicles, motorized equipment, or mechanical transport, except for administrative purposes; and (3) the establishment of temporary roads, except also for administrative purposes. Permits the continuation within the Special Management Area of any activities (including helicopter access for recreation and maintenance) authorized by permit or license. Prohibits the designation of the special management area from affecting the issuance of permits related to those activities after the enactment of this Act. Requires water and water rights in the Area to be administered in accordance with the Colorado Wilderness Act of 1993. (Sec. 5) Allows the Secretary to continue to authorize the competitive running event permitted since 1992 in the vicinity of the Special Management Area, the Liberty Bell East Special Management Area, and the Liberty Bell addition to the Mount Sneffels Wilderness designated by this Act in a manner compatible with the preservation of those areas as wilderness. Declares that nothing in this Act affects the jurisdiction or responsibility of the state of Colorado respecting fish and wildlife. Declares that nothing in this Act creates a protective perimeter or buffer zone around the wilderness areas and the Special Management Area designated by this Act (the covered land). Declares that the fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within the covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. Allows the Secretary or the Secretary of the Interior, as appropriate, to acquire any land or interests in land within the boundaries of the Special Management Area or the designated wilderness areas only through exchange, donation, or purchase from a willing seller. Requires continued permission of livestock grazing already established on the covered land. Withdraws the covered land, the land identified as the proposed Naturita Canyon Mineral Withdrawal Area, and the proposed Liberty Bell East Special Management Area from: (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Prohibits the use of motor vehicles, motorized equipment, or mechanized transport in the proposed Liberty Bell East Special Management Area. Releases certain parts of the Dominguez Canyon Wilderness Study Area that were not designated as wilderness by this Act from further study for designation as wilderness. | 115 S2721 IS: San Juan Mountains Wilderness Act U.S. Senate 2018-04-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 115th CONGRESS 2d Session S. 2721 IN THE SENATE OF THE UNITED STATES April 19, 2018 Mr. Bennet Committee on Energy and Natural Resources A BILL To designate certain land in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, to designate certain special management areas in the State of Colorado, and for other purposes. 1. Short title This Act may be cited as the San Juan Mountains Wilderness Act 2. Definitions In this Act: (1) Covered Land The term covered land (A) land designated as wilderness under paragraphs (23) through (25) of section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 Public Law 103–77 (B) land designated as a Special Management Area. (2) Secretary The term Secretary (3) Special management area The term Special Management Area (A) the Sheep Mountain Special Management Area designated by section 4(a)(1); and (B) the Liberty Bell East Special Management Area designated by section 4(a)(2). (4) State The term State 3. Additions to the National Wilderness Preservation System Section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 Public Law 103–77 (23) Lizard Head wilderness addition Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness (24) Mount Sneffels Wilderness additions (A) Liberty Bell and Last Dollar Additions Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,279 acres, as generally depicted on the map entitled Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area (B) Whitehouse Additions Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,468 acres, as generally depicted on the map entitled Proposed Whitehouse Additions to the Mt. Sneffels Wilderness (25) McKenna Peak Wilderness Certain Federal land in the State of Colorado comprising approximately 8,600 acres of Bureau of Land Management land, as generally depicted on the map entitled McKenna Peak Wilderness McKenna Peak Wilderness . 4. Special Management Areas (a) Designation (1) Sheep mountain special management area The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,675 acres, as generally depicted on the map entitled Proposed Sheep Mountain Special Management Area Sheep Mountain Special Management Area (2) Liberty bell east special management area The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area Liberty Bell East Special Management Area (b) Purpose The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas. (c) Management (1) In general The Secretary shall manage the Special Management Areas in a manner that— (A) conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b); (B) subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with— (i) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 (ii) this Act; and (iii) any other applicable laws. (2) Prohibitions The following shall be prohibited in the Special Management Areas: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety— (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) Authorized activities (A) In general The Secretary may allow any activities (including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require. (B) Permitting The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (C) Bicycles The Secretary may permit the use of bicycles in— (i) the portion of the Sheep Mountain Special Management Area identified as Ophir Valley Area Proposed Sheep Mountain Special Management Area (ii) the portion of the Liberty Bell East Special Management Area identified as Liberty Bell Corridor Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area (d) Applicable law Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 ( Public Law 103–77 (1) any reference in that section to the lands designated as wilderness by this Act the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act the areas described in sections 2, 5, 6, and 9 of this Act the Special Management Areas (2) any reference in that section to this Act the San Juan Mountains Wilderness Act 5. Administrative provisions (a) Fish and Wildlife Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (b) No Buffer Zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (c) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (23) through (25) of section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 Public Law 103–77 (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary or the Secretary of the Interior, as appropriate, may correct clerical and typographical errors in each map and legal description. (3) Public availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (d) Acquisition of land (1) In general The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (23) through (25) of section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 Public Law 103–77 (2) Management Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (e) Grazing The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary with jurisdiction over the covered land, in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the applicable guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405) or H.R. 5487 of the 96th Congress (H. Rept. 96–617). (f) Withdrawal Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,590 acres generally depicted on the map entitled Proposed Naturita Canyon Mineral Withdrawal Area (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 6. Technical correction Subtitle E of title II of Public Law 111–11 16 U.S.C. 460zzz (1) by redesignating section 2408 ( 16 U.S.C. 460zzz–7 (2) by inserting after section 2407 ( 16 U.S.C. 460zzz–6 2408. Release (a) In general Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (b) Release Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with this subtitle and any other applicable laws. . | San Juan Mountains Wilderness Act |
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Oregon Caves Revitalization Act of 2013 - (Sec. 3) Redesignates the Oregon Caves National Monument and lands identified as proposed addition lands as the Oregon Caves National Monument and Preserve. Directs the Secretary of Agriculture (USDA) to transfer the proposed addition lands to the Secretary of the Interior (the Secretary) and adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred to the Secretary. Adjusts the boundary of the Monument and Preserve to exclude certain land in the city of Cave Junction. (Sec. 4) Requires the Secretary to revise the fire management plan for the Monument to include the Preserve and to carry out hazardous fuel management activities within the Monument and Preserve. Allows for the completion of existing Forest Service stewardship and service contracts executed as of the enactment of this Act. Recognizes the authority of the Secretary of Agriculture to administer such existing contracts through their completion. Permits the grazing of livestock on land within the Preserve to continue as authorized under permits or leases in existence as of enactment at not more than the level at which the grazing exists. Allows the Secretary, with specified administrative exceptions, to permit hunting and fishing on land and waters within the Preserve. (Sec. 5) Directs the Secretary of Agriculture or the Secretary to accept the donation of a grazing lease or permit from a lessee or permittee for: (1) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest, or (2) the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land. Instructs the Secretary to terminate each donated permit or lease and ensure a permanent end to grazing on the land covered by such permit or lease. Considers a lessee or permittee donating a grazing lease or permit to have waived any claim to any range improvement on the associated grazing allotment or portion. (Sec. 6) Amends the Wild and Scenic Rivers Act to designate: (1) the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system, and (2) certain additional segments of the Monument and Preserve for study for potential addition to the system. Directs the Secretary to report the results of such study to Congress. | 113 S354 ES: Oregon Caves Revitalization Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 354 IN THE SENATE OF THE UNITED STATES AN ACT To modify the boundary of the Oregon Caves National Monument, and for other purposes. 1. Short title This Act may be cited as the Oregon Caves Revitalization Act of 2013 2. Definitions In this Act: (1) Map The term map Oregon Caves National Monument and Preserve (2) Monument The term Monument (3) National Monument and Preserve The term National Monument and Preserve (4) National Preserve The term National Preserve (5) Secretary The term Secretary (6) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (7) State The term State 3. Designations; land transfer; boundary adjustment (a) Designations (1) In general The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the Oregon Caves National Monument and Preserve (2) National Preserve The approximately 4,070 acres of land identified on the map as Proposed Addition Lands (b) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the land designated as a National Preserve under subsection (a)(2) is transferred from the Secretary of Agriculture to the Secretary, to be administered as part of the National Monument and Preserve. (2) Exclusion of land The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under paragraph (1). (c) Boundary adjustment The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land— (1) located in the City of Cave Junction; and (2) identified on the map as the Cave Junction Unit (d) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the Oregon Caves National Monument and Preserve 4. Administration (a) In general The Secretary shall administer the National Monument and Preserve in accordance with— (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act ( 16 U.S.C. 1 et seq. (b) Fire management As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall— (1) revise the fire management plan for the Monument to include the land transferred under section 3(b)(1); and (2) in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing forest service contracts (1) In general The Secretary shall— (A) allow for the completion of any Forest Service stewardship or service contract executed as of the date of enactment of this Act with respect to the National Preserve; and (B) recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in subparagraph (A) through the completion of the contract. (2) Terms and conditions All terms and conditions of a contract described in paragraph (1)(A) shall remain in place for the duration of the contract. (3) Liability The Forest Service shall be responsible for any liabilities relating to a contract described in paragraph (1)(A). (d) Grazing (1) In general Subject to paragraph (2), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of the date of enactment of this Act. (2) Applicable law Grazing under paragraph (1) shall be— (A) at a level not greater than the level at which the grazing exists as of the date of enactment of this Act, as measured in Animal Unit Months; and (B) in accordance with each applicable law (including National Park Service regulations). (e) Fish and wildlife The Secretary shall permit hunting and fishing on land and waters within the National Preserve in accordance with applicable Federal and State laws, except that the Secretary may, in consultation with the Oregon Department of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance by the Secretary with any applicable law (including regulations). 5. Voluntary grazing lease or permit donation program (a) Donation of lease or permit (1) Acceptance by Secretary concerned The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for— (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) Termination With respect to each grazing permit or lease donated under paragraph (1), the Secretary shall— (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the grazing permit or lease. (b) Effect of donation A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. 6. Wild and scenic river designations (a) Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) River Styx, Oregon The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river. . (b) Potential additions (1) In general Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) (141) Oregon Caves National Monument and Preserve, Oregon (A) Cave Creek, Oregon The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. (B) Lake Creek, Oregon The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. (C) No Name Creek, Oregon The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. (D) Panther Creek The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. (E) Upper Cave Creek The segment of Upper Cave Creek from the headwaters to the confluence with River Styx. . (2) Study; report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) (20) Oregon Caves National Monument and Preserve, Oregon Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary shall— (A) complete the study of the Oregon Caves National Monument and Preserve segments described in subsection (a)(141); and (B) submit to Congress a report containing the results of the study. . Passed the Senate July 9, 2014. Secretary | Oregon Caves Revitalization Act of 2013 |
(This measure has not been amended since it was passed by the Senate on July 9, 2014. The summary of that version is repeated here.) Geothermal Production Expansion Act of 2013 - Amends the Geothermal Steam Act of 1970 to allow the Department of the Interior to award noncompetitive leases on up to 640 acres of federal land for geothermal development if: (1) the land is available for leasing and not already leased or nominated to be leased, (2) the lessee has a legal right to develop geothermal resources on land adjacent to the federal land that will be leased, (3) sufficient data was submitted to Interior to show there is a valid discovery of geothermal resources on the adjacent land and that the thermal feature extends into the adjoining federal land, and (4) the lessee has not previously received a noncompetitive lease for the discovery. Requires Interior to lease the land at fair market value, publish a notice of any lease requests, and provide review of the final determination of fair market value. Requires lessees to make annual rental payments equal to those required for lands that are leased competitively. | 113 S363 ES: Geothermal Production Expansion Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 363 IN THE SENATE OF THE UNITED STATES AN ACT To expand geothermal production, and for other purposes. 1. Short title This Act may be cited as the Geothermal Production Expansion Act of 2013 2. Noncompetitive leasing of adjoining areas for development of geothermal resources Section 4(b) of the Geothermal Steam Act of 1970 ( 30 U.S.C. 1003(b) (4) Adjoining land (A) Definitions In this paragraph: (i) Fair market value per acre The term fair market value per acre (I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; (II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and (III) shall be not less than the greater of— (aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or (bb) $50. (ii) Industry standards The term industry standards (iii) Qualified Federal land The term qualified Federal land (iv) Qualified geothermal professional The term qualified geothermal professional (v) Qualified lessee The term qualified lessee (vi) Valid discovery The term valid discovery (B) Authority An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if— (i) the area of qualified Federal land— (I) consists of not less than 1 acre and not more than 640 acres; and (II) is not already leased under this Act or nominated to be leased under subsection (a); (ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and (iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that— (I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and (II) that thermal feature extends into the adjoining areas. (C) Determination of fair market value (i) In general The Secretary shall— (I) publish a notice of any request to lease land under this paragraph; (II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; (III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and (IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). (ii) Limitation on nomination After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. (iii) Annual rental For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. (D) Regulations Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2013 . Passed the Senate July 9, 2014. Secretary | Geothermal Production Expansion Act of 2013 |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Rocky Mountain Front Heritage Act of 2013 - (Sec. 3) Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land (the Secretary concerned) to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. (Sec. 4) Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. (Sec. 6) Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (Sec. 7) Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. (Sec. 8) States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. (Sec. 9) States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. | 113 S364 RS: Rocky Mountain Front Heritage Act of 2013 U.S. Senate 2013-02-14 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. 404 113th CONGRESS 2d Session S. 364 [Report No. 113–177] IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. Baucus Mr. Tester Mr. Walsh Committee on Energy and Natural Resources June 2, 2014 Reported by Ms. Landrieu A BILL To establish the Rocky Mountain Front Conservation Management Area, to designate certain Federal land as wilderness, and to improve the management of noxious weeds in the Lewis and Clark National Forest, and for other purposes. 1. Short title This Act may be cited as the Rocky Mountain Front Heritage Act of 2013 2. Definitions In this Act: (1) Conservation management area The term Conservation Management Area (2) Decommission The term decommission (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District The term district (4) Map The term map Rocky Mountain Front Heritage Act (5) Nonmotorized recreation trail The term nonmotorized recreation trail (6) Secretary The term Secretary (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State The term State 3. Rocky Mountain Front Conservation Management Area (a) Establishment (1) In general There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall— (A) become part of the Conservation Management Area; and (B) be managed in accordance with— (i) in the case of land managed by the Forest Service— (I) the Act of March 1, 1911 (commonly known as the Weeks Law (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management (1) In general The Secretary shall manage the Conservation Management Area— (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with— (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses (A) In general The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles (i) In general The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) New or temporary roads Except as provided in clause (iii), no new or temporary roads shall be constructed within the Conservation Management Area. (iii) Exceptions Nothing in clause (i) or (ii) prevents the Secretary from— (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than 1/4 (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iv) Decommissioning of temporary roads The Secretary shall decommission any temporary road constructed under clause (iii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act— (i) subject to— (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with— (I) the purposes described in subsection (b); and (II) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). (D) Vegetation management Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area— (i) subject to— (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). 4. Designation of wilderness additions (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob Marshall wilderness Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act ( 16 U.S.C. 1132 (2) Scapegoat wilderness Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92–395 (b) Management of wilderness additions Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). (d) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (e) Adjacent management (1) In general The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. 5. Maps and legal descriptions (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of law The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public availability The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. 6. Noxious weed management (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents The management strategy shall— (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation In developing the management strategy required under subsection (a), the Secretary shall consult with— (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. 7. Nonmotorized recreation opportunities Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. 8. Management of fish and wildlife; hunting and fishing Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. 9. Overflights (a) Jurisdiction of the federal aviation administration Nothing in this Act affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area. (b) Benchmark airstrip Nothing in this Act affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. 10. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. June 2, 2014 Reported without amendment | Rocky Mountain Front Heritage Act of 2013 |
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device: (1) to intentionally kill the unborn child of a woman known to be pregnant; or (2) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions. | 114 S404 IS: Child Interstate Abortion Notification Act U.S. Senate 2015-02-05 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. 404 IN THE SENATE OF THE UNITED STATES February 5, 2015 Mr. Rubio Mr. Hatch Mr. McConnell Mr. Blunt Mr. Inhofe Mr. Cruz Mr. Vitter Mr. Risch Mr. Coats Mr. Cochran Mr. McCain Mr. Tillis Mr. Enzi Mr. Moran Mr. Graham Mr. Paul Mrs. Fischer Mr. Grassley Mr. Daines Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. 1. Short title This Act may be cited as the Child Interstate Abortion Notification Act 2. Transportation of minors in circumvention of certain laws relating to abortion Title 18, United States Code, is amended by inserting after chapter 117 the following: 117A TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion. 2432. Transportation of minors in circumvention of certain laws relating to abortion. 2431. Transportation of minors in circumvention of certain laws relating to abortion (a) Offense (1) Generally Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor’s abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. (2) Definition For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. (b) Exceptions (1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. (2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. (c) Affirmative Defense It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant— (1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State where the minor resides; or (2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. (d) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). (e) Definitions For the purposes of this section— (1) the term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child; (2) the term law requiring parental involvement in a minor’s abortion decision (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (3) the term minor (4) the term parent (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor’s abortion decision as a person to whom notification, or from whom consent, is required; and (5) the term State 2432. Transportation of minors in circumvention of certain laws relating to abortion Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms State minor abortion . 3. Child interstate abortion notification Title 18, United States Code, is amended by inserting after chapter 117A the following: 117B CHILD INTERSTATE ABORTION NOTIFICATION Sec. 2435. Child interstate abortion notification. 2435. Child interstate abortion notification (a) Offense (1) Generally A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both. (2) Parental notification A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not accomplished after a reasonable effort has been made, at least 24 hours constructive notice must be given to a parent before the abortion is performed. (b) Exceptions The notification requirement of subsection (a)(2) does not apply if— (1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law; (2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or (5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). (d) Definitions For the purposes of this section— (1) the term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child; (2) the term actual notice (3) the term constructive notice (4) the term law requiring parental involvement in a minor’s abortion decision (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (5) the term minor (6) the term parent (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides; as determined by State law; (7) the term physician (8) the term State . 4. Clerical amendment The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: 117A. Transportation of minors in circumvention of certain laws relating to abortion 2431 117B. Child interstate abortion notification 2435 . 5. Severability and effective date (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act. | Child Interstate Abortion Notification Act |
Forest Jobs and Recreation Act of 2013 - Title I: Montana Forest Jobs and Restoration Initiative - (Sec. 103) Establishes the Montana Forest Jobs and Restoration Pilot Initiative to sustain the economic development and recreational use of National Forest System land and other public land in Montana. Requires the Secretary of Agriculture (USDA), through the Chief of the Forest Service, to implement forest and watershed restoration projects and other land management projects on certain eligible lands within the Beaverhead-Deerlodge and Kootenai National Forests. Establishes performance requirements directing the Secretary to place under contract for treatment of vegetation a specified acreage annually in the Beaverhead-Deerlodge National Forest and the Kootenai National Forest. Requires the treatments to: (1) reduce the density of trees in a project area or reduce hazardous fuels (reducing or modifying living and dead vegetation to protect against the risk of wildfires); (2) be accomplished through the cutting of vegetation with mechanized equipment or by hand with a power saw; and (3) yield products that have a commercial value in local markets. Prohibits the use of prescribed fire to accomplish the qualified treatments of vegetation required. Requires the Secretary to seek to meet the majority of the performance requirements for the Kootenai National Forest by placing under contract land within the Three Rivers District. Authorizes the Secretary to place Kootenai National Forest land in the Libby District, the Rexford District, or the Cabinet District under contract to meet performance requirements. Applies administrative and judicial review provisions from the Healthy Forests Restoration Act of 2003 to Initiative projects. Requires the Secretary to submit compliance and progress reports to Congress. Prohibits the Secretary from diverting funding from a National Forest or grassland located outside of Montana to meet the performance requirements. Permits the Secretary to reprogram funds appropriated for the National Forest System and allocated to be used on eligible land. Permits the Secretary to include the Seeley Ranger District of the Lolo National Forest within the Initiative if specified conditions are met. Terminates the Initiative on the later of 15 years after enactment of this Act or when performance requirements have been achieved. (Sec. 104) Directs the Secretary to annually implement one or more of the projects. Requires the Secretary to implement in one or more watershed areas projects providing landscape-scale work with the goal of minimizing entries into the watershed. Allows the Secretary to enter into stewardship contracts or agreements to carry out the projects. Requires the Secretary to give priority to carrying out projects in areas: (1) in which the road density exceeds 1.5 miles per square mile, (2) in the wildland-urban interface that are at risk of wildfire that would threaten public infrastructure or private property, (3) in which fish and wildlife habitat connectivity is compromised as a result of past management practices, and (4) that contain forests identified on the National Insect and Disease Risk Map as having a significant risk of tree mortality. Requires an environmental review of projects to be carried out under provisions for hazardous fuel reduction projects set forth in the Healthy Forests Restoration Act of 2003, with specified exceptions. Authorizes the Secretary to develop an aquatic and riparian habitat protection strategy to modify conservation requirements in existing forest plans if the modifications would meet or exceed existing protection requirements. Prohibits the Secretary from constructing permanent roads under this Act unless specified conditions are met. Requires the Secretary to: (1) decommission any temporary road constructed to carry out the land management project, and (2) decommission certain National Forest System roads and unauthorized roads. Directs the Secretary to design projects to produce commercial and noncommercial wood products. Title II: Designation of Wilderness and Special Management Areas in Montana - (Sec. 203) Designates specified lands administered by the Forest Service or the BLM in Montana as wilderness areas and as components of the National Wilderness Preservation System. Transfers jurisdiction over specified public land administered by the BLM to the Secretary of Agriculture and incorporates the land in the East Pioneers Wilderness. Sets forth provisions for the management of the wilderness areas regarding the incorporation of acquired land and interests; fire, insects, and diseases; access to private land; fish and wildlife; livestock grazing; outfitting and guide activities; and water impoundment structures. Withdraws the land designated as wilderness from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Provides for continued motorized access to maintain water infrastructure for cattle to protect fluvial Arctic Grayling and other aquatic species in the Ruby River within the Snowcrest Wilderness Area. Permits the trailing of sheep across the area to reach existing grazing allotments in the Gravelly Mountains. (Sec. 205) Releases certain BLM wilderness study areas from further study for designation as wilderness areas, and releases the Sapphire and West Pioneer Wilderness Study Areas from further study for inclusion as components of the National Wilderness Preservation System. (Sec. 207) Designates specified federal lands in Montana as special management or recreation management areas. Withdraws the land from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws pertaining to mineral and geothermal leasing or mineral materials. Restricts timber harvesting in the designated areas. Sets forth area-specific management requirements, including requirements related to motorized and mechanized recreational vehicles and campground development, for: (1) the Highland Special Management Area; (2) the Lost Creek, Thunderbolt, and West Pioneers Recreation Management Areas; (3) the Otatsy Recreation Management Area; (4) the Three Rivers and Roderick Special Management Areas; (5) the Snowcrest Special Management Area; (6) Tobacco Roots Recreation Management Area; and (7) the West Big Hole Recreation Management Area. (Sec. 208) Requires a study on: (1) the opportunities for expanded all-terrain vehicle roads and trails across the Three Rivers District and adjacent areas on the Kootenai National Forest, (2) the interconnectedness of roads on private or state land, and (3) the opportunities for expanded access points to existing trails. | 113 S37 RS: Forest Jobs and Recreation Act of 2013 U.S. Senate 2013-01-22 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 Calendar No. 391 113th CONGRESS 2d Session S. 37 [Report No. 113–165] IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Mr. Tester Mr. Baucus Mr. Walsh Committee on Energy and Natural Resources May 22, 2014 Reported by Ms. Landrieu Strike out all after the enacting clause and insert the part printed in italic A BILL To sustain the economic development and recreational use of National Forest System land and other public land in the State of Montana, to add certain land to the National Wilderness Preservation System, to release certain wilderness study areas, to designate new areas for recreation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Forest Jobs and Recreation Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Montana Forest Jobs and Restoration Initiative Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Montana Forest Jobs and Restoration Pilot Initiative. Sec. 104. Authorized forest and watershed restoration projects. Sec. 105. Miscellaneous. TITLE II—Designation of wilderness and special management areas in Montana Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Designation of wilderness areas. Sec. 204. Administration of wilderness areas. Sec. 205. Release of Bureau of Land Management study areas. Sec. 206. Release of Sapphire and West Pioneer Wilderness Study Areas. Sec. 207. Special management and recreation management areas. Sec. 208. All-terrain-vehicle study and report. I Montana Forest Jobs and Restoration Initiative 101. Purpose The purpose of this title is to establish an initiative— (1) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (2) to create an immediate, predictable, and increased flow of wood fiber with commercial value to support and maintain locally based infrastructure and economies that are necessary for the appropriate management and restoration of National Forest System land; (3) to promote cooperation and collaboration in the management of National Forest System land; (4) to restore and improve the ecological structure, composition, and function and the natural processes of priority watersheds within the National Forest System; (5) to carry out collaborative projects to reduce the risk of disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration and hazardous fuel reduction projects; and (6) to collect information from the projects carried out under this title in an effort to better understand the manner in which to improve forest restoration and management activities. 102. Definitions In this title: (1) Authorized forest and watershed restoration project The term authorized forest and watershed restoration project (A) on eligible land; and (B) to achieve the purposes of this title. (2) Decommission The term decommission (A) to reestablish vegetation on a road or trail; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road or trail by removing or hydrologically disconnecting the road prism. (3) Eligible land The term eligible land (A) land within the approximately 1,900,000 acres of land in the Beaverhead-Deerlodge National Forest designated as Suitable for Timber Production Timber Harvest Is Allowed Beaverhead-Deerlodge National Forest, Revised Forest Plan, Modeled Timber Harvest Classification (B) (i) land within the Three Rivers Ranger District of the Kootenai National Forest; and (ii) any land within the adjacent ranger districts of the Kootenai National Forest that is necessary to achieve the requirements of section 103(b). (4) INFISH The term INFISH (A) entitled Inland Native Fish Strategy (B) published by the Department of Agriculture; and (C) dated July 28, 1995. (5) Initiative The term Initiative (6) Mechanical treatment (A) In general The term mechanical treatment (B) Inclusions The term mechanical treatment (C) Exclusions The term mechanical treatment (7) Secretary The term Secretary (8) Stewardship contract The term stewardship contract 16 U.S.C. 2104 (9) Watershed area The term watershed area 103. Montana Forest Jobs and Restoration Pilot Initiative (a) Establishment There is established the Montana Forest Jobs and Restoration Pilot Initiative under which the Secretary shall implement authorized forest and watershed restoration projects and other land management projects on eligible land to achieve— (1) the performance requirements under subsection (b); and (2) the purposes of this title. (b) Performance requirements Subject to subsection (g), on the eligible land, the Secretary shall place under contract for the mechanical treatment of vegetation— (1) on the Beaverhead-Deerlodge National Forest, a minimum of 5,000 acres annually until the date on which a total of 70,000 acres in the National Forest have been placed under contract; and (2) on the Kootenai National Forest— (A) 2,000 acres during the first year after the date of enactment of this Act; (B) 2,500 acres during the second year after the date of enactment of this Act; and (C) 3,000 acres during each subsequent year until the date on which a total of 30,000 acres in the National Forest have been placed under contract. (c) Collaboration (1) In general For each National Forest within the Initiative, the Secretary shall identify 1 or more collaborative groups or resource advisory committees that support the achievement of the purposes of this title. (2) Composition A collaborative group or resource advisory committee identified under paragraph (1) shall include multiple interested persons representing diverse interests in forest and watershed management. (3) Consultation The Secretary shall consult with a collaborative group or resource advisory committee identified under paragraph (1) in the development and implementation of each authorized forest and watershed restoration project carried out under the Initiative. (4) Expansion The Secretary shall seek to expand the public participation and diversity of interests involved in the implementation of the Initiative in each National Forest participating in the Initiative. (d) Administrative review (1) In general The administrative review provisions of section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (2) Proposed decision The Secretary shall provide notice of, and distribute, a proposed administrative decision with the environmental assessment or final environmental impact statement for any project subject to review under paragraph (1). (3) Independent mediator If 1 or more of the parties to a special administrative review process under paragraph (1) requests a mediator to help facilitate the process, an independent mediator may be used for the administrative review process. (e) Judicial review Any judicial proceeding arising from an authorized forest and watershed restoration project shall be conducted in accordance with section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 (f) Reports (1) Annual summary The Secretary shall provide to the appropriate committees of Congress an annual summary of the progress of the Initiative toward accomplishing the purposes of this title, including the performance requirements established under subsection (b). (2) Progress report (A) In general Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that assesses the progress of the Initiative toward accomplishing the purposes of this title. (B) Inclusions The report under subparagraph (A) shall include an analysis, with respect to the Initiative, of— (i) fire and fuel dynamics, including changes in— (I) condition and class; and (II) fuel levels and distribution; (ii) biodiversity, including the selection of plant, terrestrial animals, and aquatic organisms; (iii) soil and water, including soil movement, water quality, stream flows, and soil productivity; (iv) economic effects, including job creation, labor income, and energy; and (v) social implications, including land management practices, aesthetics, and attitudes towards land use. (C) Data analysis In preparing the report under this paragraph, the Secretary may consult with regional institutions of higher education and institutions with the capacity to coordinate, analyze, and archive the data collected as a result of monitoring under the Initiative. (g) Effect on other funds Amounts expended under the Initiative shall not reduce the allocations of appropriated funds to the Secretary for use in other regions of the Forest Service or other States. (h) Expansion of initiative (1) In general The Secretary may elect to include the Seeley Ranger District of the Lolo National Forest in the Initiative, if— (A) the Seeley Ranger District no longer receives funding under section 4003(b)(1)(B) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(b)(1)(B) (B) a local collaborative group for the District requests inclusion in the Initiative. (2) Requirements On the election by the Secretary to include the Seeley Ranger District in the Initiative, the requirements of the Initiative under this title shall apply to the District. (i) Termination date (1) In general The Initiative shall terminate on the later of— (A) the date that is 15 years after the date of enactment of this Act; or (B) the date on which the Secretary determines that the performance requirements under subsection (b) have been achieved. (2) Effect Nothing in this subsection affects a valid contract in effect on the termination date under paragraph (1). 104. Authorized forest and watershed restoration projects (a) Implementation (1) In general The Secretary shall annually implement 1 or more authorized forest and watershed restoration projects on the eligible land. (2) Landscape-scale projects The Secretary shall implement in 1 or more watershed areas authorized forest and watershed restoration projects that provide landscape-scale work with the goal of minimizing entries into the watershed. (3) Stewardship contracts (A) In general To the maximum extent practicable, the Secretary shall enter into stewardship contracts or agreements to carry out authorized forest and watershed restoration projects. (B) Stewardship contract priorities In developing a stewardship contract under subparagraph (A), the Secretary shall, after consultation with the relevant collaborative groups or resource advisory committees identified under section 103(c)(1), prioritize areas consistent with the priorities described in paragraph (4). (4) Priority Consistent with the purposes of this title, the Secretary shall give priority to carrying out authorized forest and watershed restoration projects in areas— (A) in which the road density exceeds 1.5 miles per square mile; (B) in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (C) in which fish and wildlife habitat connectivity is compromised as a result of past management practices; and (D) that contain forests that are at risk from insect epidemics or high-severity wildfires. (5) Environmental review An environmental review of authorized forest and watershed restoration projects shall be carried out in accordance with section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (A) the review shall also address— (i) the activities necessary to meet the purposes and requirements of this title; and (ii) the site-specific impacts of an authorized forest and watershed restoration project; (B) on signing of a record of decision or finding of no significant impact for the authorized forest and watershed restoration project, the Secretary shall implement the authorized forest and watershed restoration project; and (C) if the Secretary or a court determines that additional review is warranted due to significant new circumstances after implementation of an authorized forest and watershed restoration project has begun, the additional analysis shall not interrupt the implementation of the activities that are not subject to the additional review, in accordance with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (b) Project requirements (1) Riparian habitat protection (A) In general Except as provided in subparagraph (B), the Secretary shall comply with INFISH in carrying out each authorized forest and watershed restoration project. (B) Modifications The Secretary may modify INFISH if the Secretary determines, after taking into consideration the best available science, that the modifications would meet or exceed the intent and goals of INFISH. (2) Roads In carrying out any authorized forest and watershed restoration project under this title, the Secretary shall— (A) not construct any permanent road, unless— (i) the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (ii) the replaced road bed is decommissioned by removing the road prism; and (B) decommission any temporary road constructed to carry out the land management project by the conclusion of the contract. (3) Road density (A) In general Except as provided in subparagraph (B), the Secretary, at the conclusion of an authorized forest and watershed restoration project, shall achieve a road density maximum of 1.5 linear miles per square mile, averaged over the watershed area. (B) Exceptions Notwithstanding subparagraph (A), the maximum road density provided in an applicable land management plan shall apply if— (i) the applicable land management plan requires a road density maximum that is less than that required under subparagraph (A); or (ii) the authorized forest and watershed restoration project is carried out in an area governed by an interagency grizzly bear conservation plan. (C) Applicable law For purposes of determining compliance with the maximum road density under subparagraph (A), the Secretary shall use the definitions of the terms National Forest System road unauthorized road or trail section 212.1 (D) Method The road density established under subparagraph (A) may be accomplished through a combination of decommissioning and year-round permanent closure, except that the Secretary shall prioritize for decommissioning any roads adversely affecting water quality or fish habitat. (4) Vegetation management The Secretary shall design authorized forest and watershed restoration projects to produce commercial and noncommercial wood products, consistent with the purposes of this title. 105. Miscellaneous (a) In general Except as otherwise provided in this title, the Secretary shall administer the National Forests subject to the Initiative in accordance with applicable law. (b) Agency participation The Secretary may, in accordance with applicable law, permit a Field Manager from each applicable Bureau of Land Management office, the Seeley Lake District Ranger of the Lolo National Forest, and the Lincoln District Ranger of the Helena National Forest to serve on the Board of Directors of the Blackfoot Challenge in the official capacities of the Bureau of Land Management and the districts, respectively. (c) Biomass To help improve forest restoration activities by using and creating markets for small-diameter material and low-valued trees removed from forest restoration activities in the State, the Secretary may provide grants through the Woody Biomass Utilization Grant Program or any other biomass program in accordance with applicable law. II Designation of wilderness and special management areas in Montana 201. Purposes The purposes of this title are— (1) to protect and enhance motorized recreational opportunities in the Beaverhead-Deerlodge National Forest, the Lolo National Forest, and the Kootenai National Forest; and (2) to protect and enhance the wild heritage and backcountry traditions of the State through— (A) the addition of certain land to the National Wilderness Preservation System; and (B) the management of other land in a manner that preserves existing primitive and semi-primitive recreational activities. 202. Definitions In this title: (1) Beaverhead-deerlodge national forest The term Beaverhead-Deerlodge National Forest (A) comprised of— (i) the Beaverhead National Forest; and (ii) the Deerlodge National Forest; and (B) managed by the Secretary concerned as a single administrative unit. (2) Designated road, trail, or area The term designated road, trail, or area section 212.1 (3) Forest plan The term forest plan 16 U.S.C. 1604 (4) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). (5) State The term State 203. Designation of wilderness areas (a) Land administered by the forest service In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Anaconda pintlar wilderness additions Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 65,407 acres, as generally depicted on the map entitled Anaconda-Pintlar Wilderness Additions (2) Bob marshall wilderness additions Certain land in the Lolo National Forest, comprising approximately 40,072 acres generally depicted as the North Fork Blackfoot-Monture Creek Wilderness Addition (Bob Marshall Addition) Grizzly Basin of the Swan Range Wilderness Addition Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area (3) Dolus lakes wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 9,407 acres, as generally depicted on the map entitled Dolus Lakes Wilderness Dolus Lakes Wilderness (4) East pioneers wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 77,438 acres, as generally depicted on the map entitled East Pioneers Wilderness East Pioneers Wilderness (5) Electric peak wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 5,670 acres, as generally depicted on the map entitled Electric Peak Wilderness and Thunderbolt Creek Recreation Management Area Electric Peak Wilderness (6) Highlands wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 15,659 acres, as generally depicted on the map entitled Highlands Wilderness Area and Special Management Area Highlands Wilderness (7) Italian peaks wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 29,677 acres, as generally depicted on the map entitled Italian Peaks Wilderness Italian Peaks Wilderness (8) Lee metcalf wilderness additions Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 17,201 acres, as generally depicted on the map entitled Lee Metcalf Wilderness Additions (9) Lima peaks wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 35,012 acres, as generally depicted on the map entitled Lima Peaks Wilderness Lima Peaks Wilderness (10) Mission mountains wilderness addition Certain land in the Lolo National Forest, which comprises approximately 4,460 acres, as generally depicted as the West Fork Clearwater Wilderness Addition Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area Public Law 93–632 (11) Mount jefferson wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 4,469 acres, as generally depicted on the map entitled Mount Jefferson Wilderness Mount Jefferson Wilderness (12) Quigg peak wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 8,275 acres, as generally depicted on the map entitled Quigg Peak Wilderness Quigg Peak Wilderness (13) Roderick wilderness Certain land in the Kootenai National Forest, which comprises approximately 29,467 acres, as generally depicted as the Roderick Wilderness Area Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Roderick Wilderness (14) Sapphires wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 43,101 acres, as generally depicted on the map entitled Sapphires Wilderness Sapphires Wilderness (15) Scapegoat wilderness additions Certain land in the Lolo National Forest, which comprises approximately 30,967 acres, as generally depicted as the North Fork Blackfoot-Monture Creek Wilderness Addition (Scapegoat Addition) Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area (16) Snowcrest wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 91,561 acres, as generally depicted on the map entitled Snowcrest Wilderness Snowcrest Wilderness (17) Stony mountain wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 14,213 acres, as generally depicted on the map entitled Stony Mountain Wilderness Stony Mountain Wilderness (18) West big hole wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 44,156 acres, as generally depicted on the map entitled West Big Hole Wilderness and Recreation Management Area West Big Hole Wilderness (19) West pioneers wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 26,560 acres, as generally depicted on the map entitled West Pioneers Wilderness and Recreation Management Area West Pioneers Wilderness (b) Land administered by the bureau of land management In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Blacktail mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 10,675 acres, as generally depicted on the map entitled Blacktail Mountains Wilderness Blacktail Mountains Wilderness (2) Centennial mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 23,700 acres, as generally depicted on the map entitled Centennial Mountains Wilderness Centennial Mountains Wilderness (3) Ruby mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 16,300 acres, as generally depicted on the map entitled Ruby Mountains Wilderness Ruby Mountains Wilderness (4) East fork blacktail wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 6,125 acres, as generally depicted on the map entitled East Fork Blacktail Wilderness East Fork Blacktail Wilderness (5) Humbug spires wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 8,900 acres, as generally depicted on the map entitled Humbug Spires Wilderness Humbug Spires Wilderness (c) Transfer of administrative jurisdiction Administrative jurisdiction over certain public land administered by the Bureau of Land Management, comprising approximately 663 acres, as generally known as Farlin Creek Administrative Transfer East Pioneers Wilderness 204. Administration of wilderness areas (a) Management Subject to valid existing rights, each area designated as wilderness by section 203 shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) with respect to public land administered by the Bureau of Land Management, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary concerned may correct typographical errors in the maps and legal descriptions. (3) Public availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. (c) Incorporation of acquired land and interests Any land within the boundary of a wilderness area designated by section 203 that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. (d) Withdrawal Subject to valid existing rights, the Federal land designated as wilderness by section 203 is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (e) Fire, insects, and diseases In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (f) Access to private land In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) (g) Fish and wildlife (1) In general Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. (A) consistent with applicable wilderness management plans; and (B) carried out in accordance with applicable guidelines and policies. (h) Snow sensors and stream gauges Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness area designated by section 203 if the Secretary concerned determines that the installation or maintenance of the instrumentation is necessary to further the scientific, educational, or conservation purposes of the wilderness area. (i) Livestock Within the wilderness areas, the grazing of livestock in which grazing is established before the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary concerned determines to be necessary, in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1131(d)(4) (2) with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and (3) with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in Appendix A of House Report 101–405 of the 101st Congress. (j) Outfitting and guide activities (1) In general In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) (2) Effect Nothing in this title requires the Secretary concerned to modify permits in effect as of the date of enactment of this Act to provide outfitting and guide services within the areas designated as wilderness by section 203, if the Secretary concerned determines that the activities are in compliance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) (k) Adjacent management (1) In general The designation of a wilderness area by section 203 shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by section 203 shall not preclude the conduct of the activities or uses outside the boundary of the wilderness area. (l) Water impoundment structures (1) In general The Secretary concerned may issue a special use authorization to an owner of a water storage, transport, or diversion facility located within the areas designated as wilderness by section 203 for the continued operation, maintenance, and reconstruction of the facility if— (A) the facility was in existence before the date of the designation of the wilderness area; and (B) the Secretary concerned determines that— (i) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of the designation of the wilderness area; (ii) the owner of the facility holds a valid water right for use of the water under State law, with a priority date that predates the date of the designation of the wilderness area; and (iii) it is not practicable or feasible to relocate the facility to land outside the boundary of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (2) Use of motorized equipment and mechanized transport The special use authorization under paragraph (1) may allow for the use of motorized equipment and mechanized transport if the Secretary concerned determines, after conducting a minimum tool analysis, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible. (3) Terms and conditions The Secretary concerned may include such terms and conditions in the special use authorization under paragraph (1) as the Secretary concerned determines appropriate to protect the wilderness values of the area. (m) Snowcrest wilderness area With respect to the Snowcrest Wilderness Area— (1) the continuation of reasonable motorized access to maintain water infrastructure for cattle that was constructed to protect fluvial Arctic Grayling and other aquatic species in the Ruby River may continue— (A) subject to a permit; and (B) in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) the guidelines described in House Report 96–617 of the 96th Congress; and (2) the trailing of sheep across the Snowcrest Wilderness area to reach existing grazing allotments in the Gravelly Mountains may be continued for the tenure of the allotments— (A) subject to— (i) a permit; and (ii) a determination by the Secretary of Agriculture (acting through the Forest Supervisor) that the use of nonmechanized transport is impracticable or infeasible; and (B) to the maximum extent practicable, in accordance with the guidelines described in House Report 96–617 of the 96th Congress. 205. Release of Bureau of Land Management study areas (a) Finding Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 (b) Description of study areas The study areas referred to in subsection (a) are— (1) the Axolotl Lakes Wilderness Study Area; (2) the Bell and Limekiln Canyons Wilderness Study Area; (3) the Blacktail Mountains Wilderness Study Area; (4) the Centennial Mountains Wilderness Study Area; (5) the Farlin Creek Wilderness Study Area; (6) the Henneberry Ridge Wilderness Study Area; (7) the Hidden Pasture Wilderness Study Area; (8) the Humbug Spires Wilderness Study Area; and (9) the Ruby Mountains Wilderness Study Area. (c) Release Any study area described in subsection (b) that is not designated as a wilderness area by section 203— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with the applicable land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 206. Release of Sapphire and West Pioneer Wilderness Study Areas (a) Findings Congress finds that— (1) the studies conducted under section 2 of the Montana Wilderness Study Act of 1977 (Public Law 95–150; 91 Stat. 1243) regarding each study area described in subsection (b) are adequate for the consideration of the suitability of each study area for inclusion as a component of the National Wilderness Preservation System; and (2) the Secretary of Agriculture is not required— (A) to review the wilderness option for each study area described in subsection (b) prior to the revision of the forest plan required for each land that comprises each study area in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. (B) to manage the portion of each study area described in subsection (b) that is not designated as wilderness by section 203 to ensure the suitability of the area for designation as a component of the National Wilderness Preservation System pending revision of the applicable forest plan. (b) Description of study areas The study areas referred to in subsection (a) are those portions of the following wilderness study areas which are not designated as wilderness by section 203: (1) The portion of the Sapphire Wilderness Study Area that is located on the Beaverhead-Deerlodge National Forest, as described in section 2(4) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 (2) The West Pioneer Wilderness Study Area, as described in section 2(1) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 207. Special management and recreation management areas (a) Designation To conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the areas, the following areas in the State are designated for special management by the Secretary concerned in accordance with this section: (1) Highlands special management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 5,011 acres, as generally depicted on the map entitled Highlands Wilderness Area and Special Management Area Highlands Special Management Area (2) Lost creek recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 14,589 acres, as generally depicted on the map entitled Lost Creek Recreation Management Area Lost Creek Recreation Management Area (3) Otatsy recreation management area Certain Federal land in the Lolo National Forest, comprising approximately 1,859 acres, as generally depicted on the map entitled Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area Otatsy Recreation Management Area (4) Roderick special management area Certain Federal land in the Kootenai National Forest, comprising approximately 3,715 acres, as generally depicted on the map entitled Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Roderick Special Management Area (5) Three rivers special management area Certain Federal land in the Kootenai National Forest, comprising approximately 71,994 acres, as generally depicted on the map entitled Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Three Rivers Special Management Area (6) Thunderbolt creek recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 19,641 acres, as generally depicted on the map entitled Electric Peak Wilderness and Thunderbolt Creek Recreation Management Area Thunderbolt Recreation Management Area (7) Tobacco roots recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 29,186 acres, as generally depicted on the map entitled Tobacco Roots Recreation Management Area Tobacco Roots Recreation Management Area (8) West big hole recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest comprising approximately 95,144 acres, as generally depicted on the map entitled West Big Hole Wilderness and Recreation Management Area West Big Hole Recreation Management Area (9) West pioneers recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 128,361 acres, as generally depicted on the map entitled West Pioneers Wilderness and Recreation Management Area West Pioneers Recreation Management Area (b) Administration (1) Applicable law (A) In general The Secretary concerned shall administer each area designated by subsection (a)— (i) in furtherance of the purposes for which the area is established; and (ii) in accordance with— (I) this section; and (II) any laws (including regulations) relating to the National Forest System. (B) Closure of trails Nothing in this title precludes the Secretary concerned from closing any trail or area located in the areas designated by subsection (a)— (i) to protect a natural resource; or (ii) to help ensure public safety. (2) Withdrawal Subject to valid existing rights, any Federal land within an area designated by subsection (a) (including any Federal land acquired after the date of enactment of this Act for inclusion in an area designated by subsection (a)) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (3) Timber harvesting (A) In general Except as provided in subparagraph (B) or as authorized under subsection (c), timber harvesting shall not be permitted within an area designated by subsection (a). (B) Fire, insects, and diseases Timber harvesting may be permitted in an area designated by subsection (a) to the extent consistent with protecting and preserving the purposes of the areas designated by subsection (a) for purposes relating to the necessary control of fire, insects, and diseases. (4) Use of motorized or mechanized vehicles (A) In general Nothing in this section affects the use of motorized or mechanized vehicles that the Secretary concerned determines is necessary for administrative use or to respond to an emergency. (B) Mechanized vehicles, pedestrians, and horse travel Except as authorized under subsection (c), nothing in this section prohibits— (i) the use of mechanized vehicles, access by pedestrians, or horse travel within the areas designated by subsection (a); or (ii) the construction of trails for use by mechanized vehicles, pedestrians, and horse travel within the areas designated by subsection (a). (5) Firewood The Secretary concerned may allow for the collection of firewood for noncommercial personal use within the areas designated by subsection (a)— (A) in accordance with any applicable laws; and (B) subject to such terms and conditions as the Secretary concerned determines to be appropriate. (c) Area specific management requirements (1) Highlands special management area (A) Campground development No permanent campground may be constructed within the Highlands Special Management Area. (B) Motorized and mechanized recreation Except as provided in subparagraph (C), and as necessary for administrative use or to respond to an emergency, the use of motorized or mechanized vehicles within the Highlands Special Management Area shall be prohibited. (C) Transmission towers and municipal water pipelines Nothing in this section affects— (i) the reasonable access of the government of the applicable county to operate and maintain the communication site located on Table Mountain under a special use permit issued by the Forest Service; and (ii) the reasonable access of the city of Butte, Montana, to operate, maintain, and if necessary, upgrade or replace the water supply pipeline within the Highlands Special Management Area in existence as of the date of enactment of this Act for the city of Butte (including the surrounding community of the city of Butte). (D) Helicopter landings Nothing in this section precludes or restricts the authority of the Secretary concerned to enter into agreements with the Secretary of Defense or the Montana National Guard to authorize limited and scheduled landings of aircraft in the Highlands Special Management Area. (2) Lost creek, thunderbolt, and west pioneers recreation management areas (A) Motorized recreation Subject to any terms and conditions the Secretary concerned determines to be necessary, the use of motorized vehicles within the Lost Creek, Thunderbolt, and West Pioneers Recreation Management Areas shall be limited to— (i) roads, trails, or areas that, as of the date of enactment of this Act, are designated roads, trails, or areas; and (ii) during periods of adequate snow cover, the areas authorized for snowmobile use as of the date of enactment of this Act. (B) Campground development No permanent campground may be constructed within the Lost Creek Recreation Area. (3) Otatsy recreation management area (A) Motorized and mechanized recreation (i) In general The use of motorized and mechanized vehicles in the Otatsy Recreation Management Area shall be permitted only on the roads, trails, and areas that are designated for use by motorized and mechanized vehicles by the management plan required under subparagraph (B). (ii) Interim management Until the date on which the management plan required under subparagraph (B) is approved, and subject to any terms and conditions that the Secretary concerned determines to be necessary, the use of motorized or mechanized vehicles in the Otatsy Recreation Management Area shall be limited to the roads and trails designated for such use as of the date of enactment of this Act, except that during periods of adequate snow cover, the use of snowmobiles shall be allowed within the Otatsy Recreation Management Area. (B) Management plan The Secretary concerned shall prepare a management plan for the Otatsy Recreation Management Area as part of the first revision of the applicable forest plan that is carried out after the date of enactment of this Act. (4) Three rivers and roderick special management areas (A) Motorized and mechanized recreation Except as provided in subparagraphs (B) and (C), the use of motorized or mechanized vehicles within the Three Rivers Special Management Area and the Roderick Special Management Area shall be limited to the roads on which use by highway legal vehicles is permitted as of the date of enactment of this Act. (B) Snowmobile area Subject to any terms and conditions the Secretary concerned determines to be necessary, during periods of adequate snow cover, the use of snowmobiles shall be allowed in the areas designated as motorized (C) Game carts The Secretary concerned may authorize the use of nonmotorized game carts in the area identified as Roderick Special Management Area (D) Campground development No permanent campground may be constructed in the Three Rivers Special Management Area or the Roderick Special Management Area. (5) Tobacco roots recreation management area Subject to any terms and conditions that the Secretary concerned determines to be necessary, the use of motorized vehicles shall be limited to the roads and trails in the Tobacco Roots Recreation Management Area designated for such use as of the date of enactment of this Act. (6) West big hole recreation management area (A) Motorized recreation Subject to any terms and conditions the Secretary concerned determines to be necessary, the use of motorized vehicles within the West Big Hole Recreation Management Area shall be limited to— (i) the roads, trails, and areas that, as of the date of enactment of this Act, are designated roads, trails, or areas; and (ii) during periods of adequate snow cover, the areas authorized for snowmobile use as of the date of enactment of this Act. (B) Timber harvest The Secretary concerned may authorize post and pole, firewood, and fuel reduction timber projects in the West Big Hole Recreation Management Area, subject to such terms and conditions that the Secretary concerned determines to be appropriate. 208. All-terrain-vehicle study and report Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall study and report on— (1) the opportunities for expanded all-terrain vehicle roads and trails across the Three Rivers District and adjacent areas on the Kootenai National Forest; (2) the interconnectedness of roads on private or State land; and (3) the opportunities for expanded access points to existing trails. 1. Short title; table of contents (a) Short title This Act may be cited as the Forest Jobs and Recreation Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Montana Forest Jobs and Restoration Initiative Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Montana Forest Jobs and Restoration Pilot Initiative. Sec. 104. Authorized forest and watershed restoration projects. Sec. 105. Miscellaneous. TITLE II—Designation of wilderness and special management areas in Montana Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Designation of wilderness areas. Sec. 204. Administration of wilderness areas. Sec. 205. Release of Bureau of Land Management study areas. Sec. 206. Release of Sapphire and West Pioneer Wilderness Study Areas. Sec. 207. Special management and recreation management areas. Sec. 208. All-terrain-vehicle study and report. I Montana Forest Jobs and Restoration Initiative 101. Purpose The purpose of this title is to establish an initiative— (1) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (2) to create an immediate, predictable, and increased flow of wood fiber with commercial value to support and maintain locally based infrastructure and economies that are necessary for the appropriate management and restoration of National Forest System land; (3) to promote cooperation and collaboration in the management of National Forest System land; (4) to restore and improve the ecological structure, composition, and function and the natural processes of priority watersheds within the National Forest System; (5) to carry out collaborative projects to reduce the risk of disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration and hazardous fuel reduction projects; and (6) to collect information from the projects carried out under this title in an effort to better understand the manner in which to improve forest restoration and management activities. 102. Definitions In this title: (1) Authorized forest and watershed restoration project The term authorized forest and watershed restoration project (A) on eligible land; and (B) to achieve the purposes of this title. (2) Decommission The term decommission (A) to reestablish vegetation on a road or trail; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road or trail by removing or hydrologically disconnecting the road prism. (3) Eligible land The term eligible land (A) land within the approximately 1,900,000 acres of land in the Beaverhead-Deerlodge National Forest designated as Suitable for Timber Production Timber Harvest Is Allowed Beaverhead-Deerlodge National Forest, Revised Forest Plan, Modeled Timber Harvest Classification (B) land within the Kootenai National Forest. (4) Initiative The term Initiative (5) National forest The term National Forest (6) Secretary The term Secretary (7) Stewardship contract The term stewardship contract 16 U.S.C. 2104 (8) Watershed area The term watershed area 103. Montana Forest Jobs and Restoration Pilot Initiative (a) Establishment There is established the Montana Forest Jobs and Restoration Pilot Initiative under which the Secretary shall implement authorized forest and watershed restoration projects and other land management projects on eligible land to achieve— (1) the performance requirements under subsection (b); and (2) the purposes of this title. (b) Performance requirements (1) In general Subject to subsection (g), on the eligible land, the Secretary shall place under contract for treatment of vegetation— (A) on the Beaverhead-Deerlodge National Forest, a minimum of 5,000 acres annually until the date on which a total of 70,000 acres in the National Forest have been placed under contract; and (B) on the Kootenai National Forest— (i) 2,000 acres during the first year after the date of enactment of this Act; (ii) 2,500 acres during the second year after the date of enactment of this Act; and (iii) 3,000 acres during each subsequent year until the date on which a total of 30,000 acres in the National Forest have been placed under contract. (2) Priority for treatment in the three rivers district; adjacent ranger districts (A) Priority The Secretary shall seek to meet the majority of the requirements under paragraph (1)(B) by placing under contract land within the Three Rivers District of the Kootenai National Forest. (B) Adjacent ranger districts The Secretary may place under contract land in the Libby District, the Rexford District, or the Cabinet District of the Kootenai National Forest to meet the requirements under paragraph (1)(B). (3) Qualified treatments To meet the requirements under paragraph (1), treatments shall— (A) reduce the density of trees in a project area or reduce hazardous fuels; (B) be accomplished through the cutting of vegetation with mechanized equipment or by hand with a power saw; and (C) primarily yield products that have commercial value in local markets. (4) Limitation Prescribed fire may not be used to accomplish the qualified treatments of vegetation required under paragraph (1). (c) Collaboration (1) In general For each National Forest within the Initiative, the Secretary may identify 1 or more collaborative groups or resource advisory committees that support the achievement of the purposes of this title. (2) Composition A collaborative group or resource advisory committee identified under paragraph (1) shall include multiple interested persons representing diverse interests in forest and watershed management. (3) Consultation The Secretary shall consult with any collaborative groups or resource advisory committees identified under paragraph (1) in the development and implementation of each authorized forest and watershed restoration project carried out under the Initiative. (4) Expansion The Secretary shall seek to expand the public participation and diversity of interests involved in the implementation of authorized forest and watershed restoration projects on the eligible land through the Initiative. (d) Administrative and judicial review (1) Predecisional objection process The Secretary shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515(a)) to proposed actions of the Forest Service concerning authorized forest and watershed restoration projects. (2) Administrative review A person may bring a civil action challenging an authorized forest and watershed restoration project in a Federal district court only in accordance with the provisions of section 105(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515(c)). (3) Judicial review Any judicial proceeding of a civil action brought in a Federal District court against an authorized forest and watershed restoration project shall be conducted in accordance with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516). (e) Reports (1) Compliance report Not later than 180 days after the end of any fiscal year in which the Secretary fails to meet the performance requirements under subsection (b)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes— (A) a description of the work carried out for the fiscal year on the eligible land; (B) a detailed explanation of the reasons why the performance requirements described in subsection (b)(1) were not met; and (C) any specific actions the Secretary plans to take in the subsequent year to ensure that the performance requirements described in subsection (b)(1) are met. (2) Progress report (A) In general Not later than 5 years after the date of enactment of this Act and every 5 years thereafter until the date on which the Initiative is terminated under subsection (h), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a report that assesses the progress of the Initiative toward accomplishing the purposes of this title. (B) Inclusions The report under subparagraph (A) shall include— (i) an analysis, with respect to eligible land in the Initiative, of changes in— (I) risk from wildfire, including in the proportion of treated acres exhibiting a change in fire regime condition class; (II) biodiversity and wildlife habitat; (III) soil and water characteristics, including changes in road density and water quality; (IV) economic effects, including job creation, labor income, obligations of appropriated funds, and collected receipts; and (V) social implications, including attitudes towards land use; (ii) recommendations concerning— (I) the need and appropriateness of seeking permanent authorization for any of the authorities that would otherwise be terminated under subsection (h); and (II) the need and appropriateness of expanding any of the authorities or requirements provided under this title to the National Forest System; and (iii) an analysis of any additional measures for which the Secretary chooses to gather data and report on to determine if the Initiative is meeting the purposes of this title. (C) Data analysis In preparing the report under this paragraph, the Secretary may consult with regional institutions of higher education and institutions with the capacity to collect, coordinate, analyze, and archive the data to be used to prepare the report. (D) Limitation on length The report under subparagraph (A) shall not exceed 7 pages in length. (f) Funding (1) Effect on other funds The Secretary may not divert funding from a National Forest or grassland located outside of the State of Montana to meet the performance requirements of the Initiative. (2) Reprogramming authority On notifying the Senate and House Committees on Appropriations, the Secretary may reprogram any funds— (A) made available through an appropriation for the National Forest System; and (B) allocated to be used on the eligible land. (g) Expansion of initiative (1) In general The Secretary may elect to include the Seeley Ranger District of the Lolo National Forest in the Initiative, if— (A) the Seeley Ranger District no longer receives funding under section 4003(b)(1)(B) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(b)(1)(B) (B) a collaborative group or resource advisory committee identified by the Secretary under subsection (c)(1) requests inclusion in the Initiative. (2) Requirements On the election by the Secretary to include the Seeley Ranger District in the Initiative, the project requirements of the Initiative under this title shall apply to the District. (h) Termination date (1) In general The Initiative shall terminate on the later of— (A) the date that is 15 years after the date of enactment of this Act; or (B) the date on which the Secretary determines that the performance requirements under subsection (b)(1) have been achieved. (2) Effect Nothing in this subsection affects a valid contract in effect on the termination date under paragraph (1). 104. Authorized forest and watershed restoration projects (a) Implementation (1) In general The Secretary shall annually implement 1 or more authorized forest and watershed restoration projects on the eligible land. (2) Landscape-scale projects The Secretary shall implement in 1 or more watershed areas authorized forest and watershed restoration projects in a manner that provides landscape-scale work with the goal of minimizing entries into the watershed. (3) Stewardship contracts The Secretary may enter into stewardship contracts or agreements to carry out authorized forest and watershed restoration projects. (4) Prioritization (A) In general Consistent with the purposes of this title, the Secretary shall give priority to carrying out authorized forest and watershed restoration projects in areas— (i) in which the road density exceeds 1.5 miles per square mile; (ii) in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (iii) in which fish and wildlife habitat connectivity is compromised as a result of past management practices; and (iv) that contain forests that are identified on the National Insect and Disease Risk Map as having a significant risk of tree mortality. (B) Effect Nothing in this paragraph precludes the Secretary from carrying out authorized forest and watershed restoration projects on other land as necessary to fulfill— (i) the purposes of this title; and (ii) the performance requirements under section 103(b)(1). (5) Environmental review An environmental review of an authorized forest and watershed restoration projects shall be carried out in accordance with the provisions for hazardous fuel reduction projects set forth in section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 (A) in addition to the requirements of that section, the review shall address whether the proposed authorized forest and watershed restoration projects meets the purposes and requirements of this title; (B) on signing of a decision document for the authorized forest and watershed restoration project, the Secretary shall implement the authorized forest and watershed restoration project; (C) the predecisional objection process promulgated under part 218 of title 36, Code of Federal Regulations (and successor regulations), shall apply; and (D) if the Secretary or a court determines that additional review is warranted due to significant new circumstances after implementation of an authorized forest and watershed restoration project has begun, the additional analysis shall not interrupt the implementation of the activities that are not subject to the additional review, in accordance with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (b) Project requirements (1) Riparian habitat protection The Secretary may develop an aquatic and riparian habitat protection strategy to modify the aquatic and riparian conservation requirements in existing forest plans, if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the aquatic and riparian protection requirements in the existing forest plans. (2) Roads In carrying out any authorized forest and watershed restoration project under this title, the Secretary shall— (A) not construct any permanent road, unless— (i) the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (ii) the replaced road bed is decommissioned by removing the road prism; (B) decommission any temporary road constructed to carry out the land management project by the conclusion of the contract; and (C) decommission National Forest System roads and unauthorized roads— (i) subject to appropriations; and (ii) consistent with the analysis required by subparts A and B of part 212 of title 36, Code of Federal Regulations. (3) Vegetation management The Secretary shall design authorized forest and watershed restoration projects to produce commercial and noncommercial wood products, consistent with the purposes of this title. 105. Miscellaneous (a) In general Except as otherwise provided in this title, the Secretary shall administer the National Forests subject to the Initiative in accordance with applicable law. (b) Agency participation The Secretary may, in accordance with applicable law, permit a Field Manager from each applicable Bureau of Land Management office, the Seeley Lake District Ranger of the Lolo National Forest, and the Lincoln District Ranger of the Helena National Forest to serve on the Board of Directors of the Blackfoot Challenge in the official capacities of the Bureau of Land Management and the districts, respectively. II Designation of wilderness and special management areas in Montana 201. Purposes The purposes of this title are— (1) to protect and enhance motorized recreational opportunities in the Beaverhead-Deerlodge National Forest, the Lolo National Forest, and the Kootenai National Forest; and (2) to protect and enhance the wild heritage and backcountry traditions of the State through— (A) the addition of certain land to the National Wilderness Preservation System; and (B) the management of other land in a manner that preserves existing primitive and semi-primitive recreational activities. 202. Definitions In this title: (1) Beaverhead-deerlodge national forest The term Beaverhead-Deerlodge National Forest (A) comprised of— (i) the Beaverhead National Forest; and (ii) the Deerlodge National Forest; and (B) managed by the Secretary concerned as a single administrative unit. (2) Designated road, trail, or area The term designated road, trail, or area section 212.1 (3) Forest plan The term forest plan 16 U.S.C. 1604 (4) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). (5) State The term State 203. Designation of wilderness areas (a) Land administered by the forest service In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Anaconda Pintler wilderness additions Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 65,407 acres, as generally depicted on the map entitled Anaconda-Pintler Wilderness Additions (2) Bob marshall wilderness additions Certain land in the Lolo National Forest, comprising approximately 40,072 acres generally depicted as the North Fork Blackfoot-Monture Creek Wilderness Addition (Bob Marshall Addition) Grizzly Basin of the Swan Range Wilderness Addition Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area (3) Dolus lakes wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 9,407 acres, as generally depicted on the map entitled Dolus Lakes Wilderness Dolus Lakes Wilderness (4) East pioneers wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 77,438 acres, as generally depicted on the map entitled East Pioneers Wilderness East Pioneers Wilderness (5) Electric peak wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 4,992 acres, as generally depicted on the map entitled Electric Peak Wilderness and Thunderbolt Creek Recreation Management Area Electric Peak Wilderness (6) Highlands wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 15,659 acres, as generally depicted on the map entitled Highlands Wilderness Area and Special Management Area Highlands Wilderness (7) Italian peaks wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 29,677 acres, as generally depicted on the map entitled Italian Peaks Wilderness Italian Peaks Wilderness (8) Lee metcalf wilderness additions Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 17,201 acres, as generally depicted on the map entitled Lee Metcalf Wilderness Additions (9) Lima peaks wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 35,012 acres, as generally depicted on the map entitled Lima Peaks Wilderness Lima Peaks Wilderness (10) Mission mountains wilderness addition Certain land in the Lolo National Forest, which comprises approximately 4,460 acres, as generally depicted as the West Fork Clearwater Wilderness Addition Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area Public Law 93–632 (11) Mount jefferson wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 2,110 acres, as generally depicted on the map entitled Mount Jefferson Wilderness Mount Jefferson Wilderness (12) Quigg peak wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 8,275 acres, as generally depicted on the map entitled Quigg Peak Wilderness Quigg Peak Wilderness (13) Roderick wilderness Certain land in the Kootenai National Forest, which comprises approximately 29,467 acres, as generally depicted as the Roderick Wilderness Area Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Roderick Wilderness (14) Sapphires wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 43,101 acres, as generally depicted on the map entitled Sapphires Wilderness Sapphires Wilderness (15) Scapegoat wilderness additions Certain land in the Lolo National Forest, which comprises approximately 30,967 acres, as generally depicted as the North Fork Blackfoot-Monture Creek Wilderness Addition (Scapegoat Addition) Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area (16) Snowcrest wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 71,068 acres, as generally depicted on the map entitled Snowcrest Wilderness Snowcrest Wilderness (17) Stony mountain wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 14,213 acres, as generally depicted on the map entitled Stony Mountain Wilderness Stony Mountain Wilderness (18) West big hole wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 44,156 acres, as generally depicted on the map entitled West Big Hole Wilderness and Recreation Management Area West Big Hole Wilderness (19) West pioneers wilderness Certain land in the Beaverhead-Deerlodge National Forest, comprising approximately 26,534 acres, as generally depicted on the map entitled West Pioneers Wilderness and Recreation Management Area West Pioneers Wilderness (b) Land administered by the bureau of land management In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Blacktail mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 10,675 acres, as generally depicted on the map entitled Blacktail Mountains Wilderness Blacktail Mountains Wilderness (2) Centennial mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 23,700 acres, as generally depicted on the map entitled Centennial Mountains Wilderness Centennial Mountains Wilderness (3) Ruby mountains wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 16,300 acres, as generally depicted on the map entitled Ruby Mountains Wilderness Ruby Mountains Wilderness (4) East fork blacktail wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 6,125 acres, as generally depicted on the map entitled East Fork Blacktail Wilderness East Fork Blacktail Wilderness (5) Humbug spires wilderness Certain public land administered by the Bureau of Land Management, comprising approximately 8,900 acres, as generally depicted on the map entitled Humbug Spires Wilderness Humbug Spires Wilderness (c) Transfer of administrative jurisdiction Administrative jurisdiction over certain public land administered by the Bureau of Land Management, comprising approximately 663 acres, as generally known as Farlin Creek Administrative Transfer East Pioneers Wilderness 204. Administration of wilderness areas (a) Management Subject to valid existing rights, each area designated as wilderness by section 203 shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) with respect to public land administered by the Bureau of Land Management, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary concerned may correct typographical errors in the maps and legal descriptions. (3) Public availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. (c) Incorporation of acquired land and interests Any land within the boundary of a wilderness area designated by section 203 that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. (d) Withdrawal Subject to valid existing rights, the Federal land designated as wilderness by section 203 is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (e) Fire, insects, and diseases In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (f) Access to private land In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) (g) Fish and wildlife (1) In general Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. (A) consistent with applicable wilderness management plans; and (B) carried out in accordance with applicable guidelines and policies. (h) Snow sensors and stream gauges Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness area designated by section 203 if the Secretary concerned determines that the installation or maintenance of the instrumentation is necessary to further the scientific, educational, or conservation purposes of the wilderness area. (i) Livestock Within the wilderness areas, the grazing of livestock in which grazing is established before the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary concerned determines to be necessary, in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1131(d)(4) (2) with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and (3) with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in Appendix A of House Report 101–405 of the 101st Congress. (j) Outfitting and guide activities (1) In general In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) (2) Effect Nothing in this title requires the Secretary concerned to modify permits in effect as of the date of enactment of this Act to provide outfitting and guide services within the areas designated as wilderness by section 203, if the Secretary concerned determines that the activities are in compliance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) (k) Adjacent management (1) In general The designation of a wilderness area by section 203 shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by section 203 shall not preclude the conduct of the activities or uses outside the boundary of the wilderness area. (l) Water impoundment structures (1) In general The Secretary concerned may issue a special use authorization to an owner of a water storage, transport, or diversion facility located within the areas designated as wilderness by section 203 for the continued operation, maintenance, and reconstruction of the facility if— (A) the facility was in existence before the date of the designation of the wilderness area; and (B) the Secretary concerned determines that— (i) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of the designation of the wilderness area; (ii) the owner of the facility holds a valid water right for use of the water under State law, with a priority date that predates the date of the designation of the wilderness area; and (iii) it is not practicable or feasible to relocate the facility to land outside the boundary of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (2) Use of motorized equipment and mechanized transport The special use authorization under paragraph (1) may allow for the use of motorized equipment and mechanized transport if the Secretary concerned determines, after conducting a minimum tool analysis, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible. (3) Terms and conditions The Secretary concerned may include such terms and conditions in the special use authorization under paragraph (1) as the Secretary concerned determines appropriate to protect the wilderness values of the area. (m) Snowcrest wilderness area With respect to the Snowcrest Wilderness Area— (1) the continuation of motorized access to maintain water infrastructure for cattle that was constructed to protect fluvial Arctic Grayling and other aquatic species in the Ruby River may continue— (A) subject to a permit; and (B) in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) the guidelines described in House Report 96–617 of the 96th Congress; and (2) the trailing of sheep across the Snowcrest Wilderness area to reach existing grazing allotments in the Gravelly Mountains may be continued for the tenure of the allotments— (A) subject to— (i) a permit; and (ii) a determination by the Secretary of Agriculture (acting through the Forest Supervisor) that the use of nonmechanized transport is impracticable or infeasible; and (B) to the maximum extent practicable, in accordance with the guidelines described in House Report 96–617 of the 96th Congress. 205. Release of Bureau of Land Management study areas (a) Finding Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 (b) Description of study areas The study areas referred to in subsection (a) are— (1) the Axolotl Lakes Wilderness Study Area; (2) the Bell and Limekiln Canyons Wilderness Study Area; (3) the Blacktail Mountains Wilderness Study Area; (4) the Centennial Mountains Wilderness Study Area; (5) the Farlin Creek Wilderness Study Area; (6) the Henneberry Ridge Wilderness Study Area; (7) the Hidden Pasture Wilderness Study Area; (8) the Humbug Spires Wilderness Study Area; and (9) the Ruby Mountains Wilderness Study Area. (c) Release Any study area described in subsection (b) that is not designated as a wilderness area by section 203— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with the applicable land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 206. Release of Sapphire and West Pioneer Wilderness Study Areas (a) Findings Congress finds that— (1) the studies conducted under section 2 of the Montana Wilderness Study Act of 1977 (Public Law 95–150; 91 Stat. 1243) regarding each study area described in subsection (b) are adequate for the consideration of the suitability of each study area for inclusion as a component of the National Wilderness Preservation System; and (2) the Secretary of Agriculture is not required— (A) to review the wilderness option for each study area described in subsection (b) prior to the revision of the forest plan required for each land that comprises each study area in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. (B) to manage the portion of each study area described in subsection (b) that is not designated as wilderness by section 203 to ensure the suitability of the area for designation as a component of the National Wilderness Preservation System pending revision of the applicable forest plan. (b) Description of study areas The study areas referred to in subsection (a) are those portions of the following wilderness study areas which are not designated as wilderness by section 203: (1) The portion of the Sapphire Wilderness Study Area that is located on the Beaverhead-Deerlodge National Forest, as described in section 2(4) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 (2) The West Pioneer Wilderness Study Area, as described in section 2(1) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 207. Special management and recreation management areas (a) Designation To conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the areas, the following areas in the State are designated for special management by the Secretary concerned in accordance with this section: (1) Highlands special management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 5,011 acres, as generally depicted on the map entitled Highlands Wilderness Area and Special Management Area Highlands Special Management Area (2) Lost creek recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 14,589 acres, as generally depicted on the map entitled Lost Creek Recreation Management Area Lost Creek Recreation Management Area (3) Otatsy recreation management area Certain Federal land in the Lolo National Forest, comprising approximately 1,859 acres, as generally depicted on the map entitled Bob Marshall, Mission Mountains and Scapegoat Wilderness Additions and Otatsy Recreation Management Area Otatsy Recreation Management Area (4) Roderick special management area Certain Federal land in the Kootenai National Forest, comprising approximately 3,715 acres, as generally depicted on the map entitled Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Roderick Special Management Area (5) Snowcrest special management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 20,493 acres, as generally depicted on the map entitled Snowcrest Special Management Area Snowcrest Special Management Area (6) Three Rivers special management area Certain Federal land in the Kootenai National Forest, comprising approximately 71,994 acres, as generally depicted on the map entitled Roderick Wilderness and Special Management Area and Three Rivers Special Management Area Three Rivers Special Management Area (7) Thunderbolt creek recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 20,432 acres, as generally depicted on the map entitled Electric Peak Wilderness and Thunderbolt Creek Recreation Management Area Thunderbolt Recreation Management Area (8) Tobacco roots recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 29,186 acres, as generally depicted on the map entitled Tobacco Roots Recreation Management Area Tobacco Roots Recreation Management Area (9) West big hole recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest comprising approximately 95,144 acres, as generally depicted on the map entitled West Big Hole Wilderness and Recreation Management Area West Big Hole Recreation Management Area (10) West pioneers recreation management area Certain Federal land in the Beaverhead-Deerlodge National Forest, comprising approximately 128,361 acres, as generally depicted on the map entitled West Pioneers Wilderness and Recreation Management Area West Pioneers Recreation Management Area (b) Administration (1) Applicable law (A) In general The Secretary concerned shall administer each area designated by subsection (a)— (i) in furtherance of the purposes for which the area is established; and (ii) in accordance with— (I) this section; and (II) any laws (including regulations) relating to the National Forest System. (B) Closure of trails Nothing in this title precludes the Secretary concerned from closing any trail or area located in the areas designated by subsection (a)— (i) to protect a natural resource; or (ii) to help ensure public safety. (2) Withdrawal Subject to valid existing rights, any Federal land within an area designated by subsection (a) (including any Federal land acquired after the date of enactment of this Act for inclusion in an area designated by subsection (a)) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (3) Timber harvesting (A) In general Except as provided in subparagraph (B) or as authorized under subsection (c), timber harvesting shall not be permitted within an area designated by subsection (a). (B) Fire, insects, and disease Timber harvesting may be permitted in an area designated by subsection (a) to the extent consistent with protecting and preserving the purposes of the areas designated by subsection (a) for purposes relating to the necessary control of fire, insects, and disease. (4) Use of motorized or mechanized vehicles (A) In general Nothing in this section affects the use of motorized or mechanized vehicles that the Secretary concerned determines is necessary for administrative use or to respond to an emergency. (B) Mechanized vehicles, pedestrians, and horse travel Except as authorized under subsection (c), nothing in this section prohibits— (i) the use of mechanized vehicles, access by pedestrians, or horse travel within the areas designated by subsection (a); or (ii) the construction of trails for use by mechanized vehicles, pedestrians, and horse travel within the areas designated by subsection (a). (5) Firewood The Secretary concerned may allow for the collection of firewood for noncommercial personal use within the areas designated by subsection (a)— (A) in accordance with any applicable laws; and (B) subject to such terms and conditions as the Secretary concerned determines to be appropriate. (c) Area specific management requirements (1) Highlands special management area (A) Campground development No permanent campground may be constructed within the Highlands Special Management Area. (B) Motorized and mechanized recreation Except as provided in subparagraph (C), and as necessary for administrative use or to respond to an emergency, the use of motorized or mechanized vehicles within the Highlands Special Management Area shall be prohibited. (C) Transmission towers and municipal water pipelines Nothing in this section affects— (i) the reasonable access of the government of the applicable county to operate and maintain the communication site located on Table Mountain under a special use permit issued by the Forest Service; and (ii) the reasonable access of the city of Butte, Montana, to operate, maintain, and if necessary, upgrade or replace the water supply pipeline within the Highlands Special Management Area in existence as of the date of enactment of this Act for the city of Butte (including the surrounding community of the city of Butte). (D) Helicopter landings Nothing in this section precludes or restricts the authority of the Secretary concerned to enter into agreements with the Secretary of Defense or the Montana National Guard to authorize limited and scheduled landings of aircraft in the Highlands Special Management Area. (2) Lost creek, thunderbolt, and west pioneers recreation management areas (A) Motorized recreation Subject to any terms and conditions the Secretary concerned determines to be necessary, the use of motorized vehicles within the Lost Creek, Thunderbolt, and West Pioneers Recreation Management Areas shall be limited to— (i) roads, trails, or areas that, as of the date of enactment of this Act, are designated roads, trails, or areas; and (ii) during periods of adequate snow cover, the areas authorized for snowmobile use as of the date of enactment of this Act. (B) Campground development No permanent campground may be constructed within the Lost Creek Recreation Area. (3) Otatsy recreation management area (A) Motorized and mechanized recreation (i) In general The use of motorized and mechanized vehicles in the Otatsy Recreation Management Area shall be permitted only on the roads, trails, and areas that are designated for use by motorized and mechanized vehicles by the management plan required under subparagraph (B). (ii) Interim management Until the date on which the management plan required under subparagraph (B) is approved, and subject to any terms and conditions that the Secretary concerned determines to be necessary, the use of motorized or mechanized vehicles in the Otatsy Recreation Management Area shall be limited to the roads and trails designated for such use as of the date of enactment of this Act, except that during periods of adequate snow cover, the use of snowmobiles shall be allowed within the Otatsy Recreation Management Area. (B) Management plan The Secretary concerned shall prepare a management plan for the Otatsy Recreation Management Area as part of the first revision of the applicable forest plan that is carried out after the date of enactment of this Act. (4) Three rivers and roderick special management areas (A) Motorized and mechanized recreation Except as provided in subparagraphs (B) and (C), the use of motorized or mechanized vehicles within the Three Rivers Special Management Area and the Roderick Special Management Area shall be limited to the roads on which use by highway legal vehicles is permitted as of the date of enactment of this Act. (B) Snowmobile area Subject to any terms and conditions the Secretary concerned determines to be necessary, during periods of adequate snow cover, the use of snowmobiles shall be allowed in the areas designated as motorized (C) Game carts The Secretary concerned may authorize the use of nonmotorized game carts in the area identified as Roderick Special Management Area (D) Campground development No permanent campground may be constructed in the Three Rivers Special Management Area or the Roderick Special Management Area. (5) Snowcrest special management area The Secretary concerned may authorize the use of nonmotorized game carts within the Snowcrest Special Management Area. (6) Tobacco roots recreation management area Subject to any terms and conditions that the Secretary concerned determines to be necessary, the use of motorized vehicles shall be limited to the roads and trails in the Tobacco Roots Recreation Management Area designated for such use as of the date of enactment of this Act. (7) West big hole recreation management area (A) Motorized recreation Subject to any terms and conditions the Secretary concerned determines to be necessary, the use of motorized vehicles within the West Big Hole Recreation Management Area shall be limited to— (i) the roads, trails, and areas that, as of the date of enactment of this Act, are designated roads, trails, or areas; and (ii) during periods of adequate snow cover, the areas authorized for snowmobile use as of the date of enactment of this Act. (B) Timber harvest The Secretary concerned may authorize post and pole, firewood, and fuel reduction timber projects in the West Big Hole Recreation Management Area, subject to such terms and conditions that the Secretary concerned determines to be appropriate. 208. All-terrain-vehicle study and report Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall study and report on— (1) the opportunities for expanded all-terrain vehicle roads and trails across the Three Rivers District and adjacent areas on the Kootenai National Forest; (2) the interconnectedness of roads on private or State land; and (3) the opportunities for expanded access points to existing trails. May 22, 2014 Reported with an amendment | Forest Jobs and Recreation Act of 2013 |
Senate Campaign Disclosure Parity Act - Amends the Federal Election Campaign Act of 1971 to require all election-related designations, statements, and reports required to be filed under the Act to be filed directly with the Federal Election Commission (FEC). | 114 S366 IS: Senate Campaign Disclosure Parity Act U.S. Senate 2015-02-04 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 114th CONGRESS 1st Session S. 366 IN THE SENATE OF THE UNITED STATES February 4, 2015 Mr. Tester Mr. Cochran Mr. Leahy Mrs. McCaskill Mr. Udall Mrs. Boxer Mr. Durbin Mr. King Ms. Heitkamp Ms. Warren Mr. Donnelly Mr. Brown Mr. Sanders Mrs. Gillibrand Mr. Menendez Ms. Hirono Mr. Heinrich Mr. Whitehouse Mr. Franken Ms. Klobuchar Mr. Murphy Mr. Cardin Mr. Peters Mr. Merkley Mr. Kaine Ms. Ayotte Ms. Collins Mr. Gardner Mr. Grassley Mr. Scott Mr. Wicker Mr. Daines Committee on Rules and Administration A BILL To require Senate candidates to file designations, statements, and reports in electronic form. 1. Short title This Act may be cited as the Senate Campaign Disclosure Parity Act 2. Filing by Senate candidates with Commission Section 302(g) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(g) (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . | Senate Campaign Disclosure Parity Act |
Drought Information Act of 2013 - Amends the National Integrated Drought Information System Act of 2006 to specify that: (1) the Under Secretary of Commerce for Oceans and Atmosphere shall continue to support the National Integrated Drought Information System (NIDIS) Program, and (2) the program's purpose shall be to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs. Revises NIDIS functions to require the NIDIS to, among other things: (1) provide certain information (including concerning water supplies and soil moisture), forecasts, and assessments described in the Act on both national and regional levels; and (2) continue ongoing research and monitoring activities related to drought and the role of extreme weather events and climate variability in drought. Requires the Under Secretary to provide a report to Congress concerning the NIDIS Program that includes a list of partners with whom the Under Secretary collaborates on NIDIS implementation and a description of NIDIS outreach activities. Authorizes appropriations to carry out the Act through FY2018. | 113 S376 ES: Drought Information Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 376 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the National Integrated Drought Information System, and for other purposes. 1. Short title This Act may be cited as the Drought Information Act of 2013 2. Reauthorization of National Integrated Drought Information System (a) System amendments Section 3 of the National Integrated Drought Information System Act of 2006 ( 15 U.S.C. 313d (1) in subsection (a)— (A) by inserting and continue to support establish (B) by inserting before the period at the end the following: to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs (2) by striking subsection (b) and inserting the following: (b) System functions The National Integrated Drought Information System shall— (1) provide an effective drought early warning system that— (A) collects and integrates information on the key indicators of drought and drought impacts, including water supplies and soil moisture, in order to make usable, reliable, and timely forecasts of drought, including assessments of the severity of drought conditions and impacts; and (B) provides such information, forecasts, and assessments on both national and regional levels; (2) communicate drought forecasts, drought conditions, and drought impacts on an ongoing basis to stakeholders and entities engaged in drought planning, preparedness, and management, including— (A) decisionmakers at the Federal, regional, State, tribal, and local levels of government; (B) the private sector; and (C) the public; (3) provide timely data, information, and products that reflect local, regional, and State differences in drought conditions; (4) coordinate, and integrate as practicable, Federal research and monitoring in support of a drought early warning system; (5) build upon existing Federal, State, regional, private, public, and academic forecasting and assessment programs and partnerships; and (6) continue ongoing research and monitoring activities related to drought, including research activities relating to length, severity, and impacts of drought and the role of extreme weather events and climate variability in drought. . (b) Authorization of appropriations Section 4 of such Act ( 15 U.S.C. 313d (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by adding at the end the following: (7) $12,000,000 for each of fiscal years 2014 through 2018. . (c) Report (1) In general Not later than 540 days after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the National Integrated Drought Information System. (2) Contents The report required by paragraph (1) shall include the following: (A) An assessment of the implementation of the National Integrated Drought Information System, including an assessment of how the information, forecasts, and assessments produced by such system are utilized in drought policy planning and response activities. (B) Specific plans for continued development of the system, including future milestones. (C) An identification of research, monitoring, and forecasting needs to enhance the predictive capability of drought early warnings that include— (i) the length and severity of droughts; (ii) the contribution of weather events to reducing the severity or ending drought conditions; and (iii) regionally-specific drought impacts. (D) A list of partners with whom the Under Secretary collaborates to implement the National Integrated Drought Information System. (E) A description of the outreach activities conducted by the Under Secretary regarding the National Integrated Drought Information System. (3) Consultation In developing the report required by paragraph (1), the Under Secretary shall consult with relevant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector. Passed the Senate February 3, 2014. Secretary | Drought Information Act of 2013 |
Lena Horne Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. | 114 S693 IS: Lena Horne Recognition Act U.S. Senate 2015-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 693 IN THE SENATE OF THE UNITED STATES March 10, 2015 Mr. Nelson Ms. Collins Mr. Schumer Mrs. Gillibrand Mr. Scott Mr. Franken Mr. Whitehouse Mrs. Feinstein Mrs. Boxer Mr. Peters Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a Congressional Gold Medal to Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. 1. Short title This Act may be cited as the Lena Horne Recognition Act 2. Findings The Congress finds as follows: (1) Lena Mary Calhoun Horne was born on June 30, 1917, in Brooklyn, New York. At the age of 16, Lena Horne was hired as a dancer in the chorus of Harlem’s famous Cotton Club, where she was introduced to such legendary jazz performers as Duke Ellington, Cab Calloway, Count Basie, Ethel Waters, and Billie Holiday. (2) In 1940, she became one of the first African-American women to perform with an all-White band when she toured with Charlie Barnet’s jazz band as its featured singer. (3) She was discovered by a Metro-Goldwyn-Mayer (MGM) talent scout and became the first African-American artist to sign a long-term contract with a major film studio. (4) Despite her extraordinary beauty and talent, Lena Horne was often limited to minor acting roles because of her race. (5) Scenes in which she did sing were cut out when they were sent to local distributors in the South and studio executives cast another actress as Julie in the film version of Show Boat (6) However, Lena Horne dazzled audiences and critics in a number of films, including Cabin in the Sky Stormy Weather (7) A strong supporter of American troops, during World War II, Lena Horne toured extensively with the United Service Organizations (USO) on the West Coast and in the South. She expressed outrage about the way African-American soldiers were treated, firmly opposing segregation and discrimination. She was appalled to find that the military was implementing such strong measures of separation based on race, and actively protested performing when she saw that German Prisoners of War (POWs) were seated ahead of Black servicemen. (8) In general, Lena refused to sing for segregated audiences and made it a point to speak out on the issue when performing before her large crowds of mixed races. (9) During the period of McCarthyism in the 1950s, Lena Horne was blacklisted as a Communist for 7 years because of her civil rights activism and friendship with Paul Robeson and W.E.B. Du Bois. (10) In 1957, Lena Horne recorded Lena Horne at the Waldorf-Astoria, which reached the U.S. Billboard Top 10 and became the best-selling album by a female singer, regardless of race, in RCA Victor’s history. (11) Lena Horne rose to international stardom and toured the world, sharing the stage with such names as Count Basie, Tony Bennett, Billy Eckstine, Vic Damone, and Harry Belafonte, and also starred in musical and television specials with such giants as Judy Garland, Bing Crosby, and Frank Sinatra. (12) Throughout her life, Lena Horne used her fame to become a powerful voice for civil rights and equality. (13) In 1963, she participated in the historic March on Washington for Jobs and Freedom, at which Dr. Martin Luther King, Jr., delivered his immortal I Have a Dream (14) Lena Horne also performed at rallies throughout the country for the National Council for Negro Women and worked with the National Association for the Advancement of Colored People (NAACP), of which she was a member from the age of 2, as well as the Delta Sigma Theta Sorority, Inc. and National Urban League. (15) She would go on to play herself on such staple American shows as The Muppet Show, Sesame Street, and Sanford and Son. (16) Through the end of the 20th century, Lena Horne continued to entertain large audiences of all ages, races, ethnicities and backgrounds. In 1981, she captivated audiences with her one-woman Broadway show, Lena Horne: The Lady and Her Music (17) In 2002, 73 years after the Academy Awards were first awarded, Halle Berry became the first African-American woman to win an Oscar for Best Actress and recognized in her acceptance speech how Lena Horne paved the way for her and other African-American actresses. (18) Lena Horne passed away in New York City on May 9, 2010, at the age of 92. (19) Lena Horne was an entertainer, activist, and mother who used her beauty, talent, and intelligence to fight racial discrimination and injustice and rise to international stardom. (20) A symbol of elegance and grace, she entertained people of all walks of life for over 60 years, and broke barriers for future generations. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | Lena Horne Recognition Act |
American Job Protection Act - Repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage, and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Applies the Internal Revenue Code as if such provisions had never been enacted. | 114 S305 IS: American Job Protection Act U.S. Senate 2015-01-29 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. 305 IN THE SENATE OF THE UNITED STATES January 29, 2015 Mr. Hatch Mr. Alexander Ms. Ayotte Mr. Barrasso Mr. Blunt Mr. Burr Mrs. Capito Mr. Coats Mr. Cochran Ms. Collins Mr. Cornyn Mr. Crapo Mrs. Fischer Mr. Flake Mr. Gardner Mr. Grassley Mr. Inhofe Mr. Isakson Mr. Kirk Mr. Moran Mr. Portman Mr. Roberts Mr. Rubio Mr. Scott Mr. Thune Mr. Toomey Mr. Vitter Mr. Wicker Mr. Risch Committee on Finance A BILL To protect American job creation by striking the Federal mandate on employers to offer health insurance. 1. Short title This Act may be cited as the American Job Protection Act 2. Protect job creation Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act (and the amendments made by such sections and subsections) are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. | American Job Protection Act |
American Liberty Restoration Act - Repeals provisions of the Patient Protection and Affordable Care Act that require individuals to maintain minimum essential health care coverage. Applies the Internal Revenue Code as if such provisions had never been enacted. | 114 S203 IS: American Liberty Restoration Act U.S. Senate 2015-01-21 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. 203 IN THE SENATE OF THE UNITED STATES January 21, 2015 Mr. Hatch Mr. Alexander Ms. Ayotte Mr. Barrasso Mr. Blunt Mr. Burr Mr. Cochran Ms. Collins Mr. Cornyn Mrs. Fischer Mr. Grassley Mr. Inhofe Mr. Isakson Mr. Kirk Ms. Murkowski Mr. Portman Mr. Risch Mr. Roberts Mr. Rubio Mr. Thune Mr. Wicker Mr. Coats Committee on Finance A BILL To restore Americans’ individual liberty by striking the Federal mandate to purchase insurance. 1. Short title This Act may be cited as the American Liberty Restoration Act 2. Restoring individual liberty Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of section 10106 of the Patient Protection and Affordable Care Act (and the amendments made by such sections and subsections) are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. | American Liberty Restoration Act |
Incentivizing Offshore Wind Power Act - Amends the Internal Revenue Code to: (1) allow a 30% tax credit for investment in a qualifying offshore wind facility (an offshore facility using wind to produce electricity), and (2) direct the Secretary of the Treasury to establish a qualifying credit for offshore wind facilities program to consider and award certifications for investments eligible for such a credit to qualifying offshore wind facility sponsors. Requires the Secretary to review credits allocated under this Act periodically and authorizes the Secretary to make additional allocations and reallocations of such credits upon determining that: (1) the limit on the total amount of megawatt capacity for offshore facilities with respect to which credits may be allocated under the program has not been attained, or (2) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the applicant will not meet the required timeline. | 114 S1736 IS: Incentivizing Offshore Wind Power Act U.S. Senate 2015-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1736 IN THE SENATE OF THE UNITED STATES July 9, 2015 Mr. Carper Ms. Collins Mr. Booker Mr. Brown Mr. Cardin Mr. Coons Mr. King Mr. Menendez Mr. Markey Ms. Mikulski Mr. Schatz Ms. Warren Mr. Whitehouse Mrs. Gillibrand Mr. Reed Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind. 1. Short title This Act may be cited as the Incentivizing Offshore Wind Power Act 2. Qualifying offshore wind facility credit (a) In general Section 46 (1) by striking and (2) by striking the period at the end of paragraph (6) and inserting , and (3) by adding at the end the following new paragraph: (7) the qualifying offshore wind facility credit. . (b) Amount of credit Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48D the following new section: 48E. Credit for offshore wind facilities (a) In general For purposes of section 46, the qualifying offshore wind facility credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying offshore wind facility of the taxpayer. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying offshore wind facility. (2) Certain qualified progress expenditures rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (c) Definitions For purposes of this section— (1) Qualifying offshore wind facility (A) In general The term qualifying offshore wind facility (B) Offshore facility The term offshore facility (2) Eligible property The term eligible property (A) which is— (i) tangible personal property, or (ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualifying offshore wind facility, and (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. (d) Qualifying credit for offshore wind facilities program (1) Establishment (A) In general Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, shall establish a qualifying credit for offshore wind facilities program to consider and award certifications for qualified investments eligible for credits under this section to qualifying offshore wind facility sponsors. (B) Limitation The total amount of megawatt capacity for offshore facilities with respect to which credits may be allocated under the program shall not exceed 3,000 megawatts. (2) Certification (A) Application period Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require beginning on the date the Secretary establishes the program under paragraph (1). (B) Period of issuance An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the facility in service and if such facility is not placed in service by that time period, then the certification shall no longer be valid. (3) Selection criteria In determining which qualifying offshore wind facilities to certify under this section, the Secretary shall— (A) take into consideration which facilities will be placed in service at the earliest date, and (B) take into account the technology of the facility that may lead to reduced industry and consumer costs or expand access to offshore wind. (4) Review, additional allocations, and reallocations (A) Review Periodically, but not later than 4 years after the date of the enactment of this section, the Secretary shall review the credits allocated under this section as of the date of such review. (B) Additional allocations and reallocations The Secretary may make additional allocations and reallocations of credits under this section if the Secretary determines that— (i) the limitation under paragraph (1)(B) has not been attained at the time of the review, or (ii) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the Secretary determines the applicant will not meet the timeline pursuant to paragraph (2)(B). (C) Additional program for allocations and reallocations If the Secretary determines that credits under this section are available for further allocation or reallocation, but there is an insufficient quantity of qualifying applications for certification pending at the time of the review, the Secretary is authorized to conduct an additional program for applications for certification. (5) Disclosure of allocations The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (e) Denial of double benefit A credit shall not be allowed under this section with respect to any facility if— (1) a credit has been allowed to such facility under section 45 for such taxable year or any prior taxable year, (2) a credit has been allowed with respect to such facility under section 46 by reason of section 48(a) or 48C(a) for such taxable or any preceding taxable year, or (3) a grant has been made with respect to such facility under section 1603 of the American Recovery and Reinvestment Act of 2009. . (c) Conforming amendments (1) Section 49(a)(1)(C) (A) by striking and (B) by striking the period at the end of clause (vi) and inserting , and (C) by adding after clause (vi) the following new clause: (vii) the basis of any property which is part of a qualifying offshore wind facility under section 48E. . (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 48E. Credit for offshore wind facilities. . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) | Incentivizing Offshore Wind Power Act |
(This measure has not been amended since it was reported to the Senate on March 31, 2014. The summary of that version is repeated here.) Green Mountain Lookout Heritage Protection Act - Amends the Washington State Wilderness Act of 1984, with respect to certain lands in the Mount Baker-Snoqualmie and Wenatchee National Forests in the state of Washington designated as part of the Glacier Peak Wilderness, to specifically allow the operation and maintenance of Green Mountain Lookout. Prohibits the Secretary of Agriculture (USDA), through the Forest Service, from moving the Lookout from its current location on Green Mountain in the Mount Baker-Snoqualmie National Forest unless the Secretary determines that its move is necessary to preserve the Lookout or to ensure the safety of individuals on or around Green Mountain. Requires the Secretary, if such a determination is made, to move the Lookout to a location outside of the lands specified in this Act and designated as a wilderness area. Directs the Secretary of the Interior to approve the Alaska Native Veteran Allotment application numbered AA-084021-B and to issue the applicant a patent for the 80 acres of federal land identified as Lot 2. Limits the patent to surface rights only and subjects it to the terms and conditions of any certificate issued under the Alaska Native Claims Settlement Act (ANCSA) with respect to the conveyance of certain federal lands in Alaska to certain Alaska Native veterans, including those providing that: (1) the patent is subject to valid existing rights, including any U.S. right to income derived from a lease, license, permit, right-of-way, or easement on the federal land; and (2) the United States shall reserve an interest in deposits of oil, gas, and coal on the land, including the right to explore, mine, and remove the minerals on parts of the land that are prospectively valuable for development. | S404 ENR: Green Mountain Lookout Heritage Protection 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. 404 IN THE SENATE OF THE UNITED STATES AN ACT To preserve the Green Mountain Lookout in the Glacier Peak Wilderness of the Mount Baker-Snoqualmie National Forest. 1. Short title This Act may be cited as the Green Mountain Lookout Heritage Protection Act 2. Clarification of legal authority of Green Mountain Lookout (a) Legal authority of Lookout Section 4(b) of the Washington State Wilderness Act of 1984 ( Public Law 98–339 16 U.S.C. 1131 , and except that with respect to the lands described in section 3(5), the designation of such lands as a wilderness area shall not preclude the operation and maintenance of Green Mountain Lookout. (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the Washington State Wilderness Act of 1984. 3. Preservation of Green Mountain Lookout location The Secretary of Agriculture, acting through the Chief of the Forest Service, may not move Green Mountain Lookout from its current location on Green Mountain in the Mount Baker-Snoqualmie National Forest unless the Secretary determines that moving Green Mountain Lookout is necessary to preserve the Lookout or to ensure the safety of individuals on or around Green Mountain. If the Secretary makes such a determination, the Secretary shall move the Green Mountain Lookout to a location outside of the lands described in section 3(5) of the Washington State Wilderness Act of 1984 and designated as a wilderness area in section 4(b) of such Act. 4. Alaska native veteran allotment (a) Definitions In this section: (1) Application The term application (2) Federal land The term Federal land (A) described in the application; and (B) depicted as Lot 2 in U.S. Survey No. 13957, Alaska, that was officially filed on October 9, 2009. (3) Secretary The term Secretary (b) Issuance of patent Notwithstanding section 41 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1629g (1) approve the application; and (2) issue a patent for the Federal land to the person that submitted the application. (c) Terms and Conditions (1) In general The patent issued under subsection (b) shall— (A) only be for the surface rights to the Federal land; and (B) be subject to the terms and conditions of any certificate issued under section 41 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1629g (i) the patent is subject to valid existing rights, including any right of the United States to income derived, directly or indirectly, from a lease, license, permit, right-of-way, or easement on the Federal land; and (ii) the United States shall reserve an interest in deposits of oil, gas, and coal on the Federal land, including the right to explore, mine, and remove the minerals on portions of the Federal land that the Secretary determines to be prospectively valuable for development. (2) Additional terms and conditions The Secretary may require any additional terms and conditions for the issuance of the patent under subsection (a) that the Secretary determines to be appropriate to protect the interests of the United States. Speaker of the House of Representatives Vice President of the United States and President of the Senate | Green Mountain Lookout Heritage Protection Act |
Everglades for the Next Generation Act - Amends the Water Resources Development Act of 2000 to authorize the Secretary of the Army, after completing a project implementation report prepared for a project under the Comprehensive Everglades Restoration Plan and without any further congressional authorization, to carry out projects for: (1) the Caloosahatchee River (C-43) West Basin Storage Reservoir; (2) the Biscayne Bay coastal wetland; (3) Broward County water preserve areas; (4) the C-111 Spreader Canal; (5) any other project identified in the Plan for which a project implementation report is completed that is in accordance with an integrated delivery schedule approved by the Chief of Engineers and the South Florida Water Management District, provided that the report is completed not later than five years after this Act's enactment; and (6) any group of projects under the Plan that the Secretary determines will provide regional or watershed ecosystem or water supply benefits if the group of projects is constructed in accordance with a project implementation report approved by the Chief and the District within that time frame. | 114 S2481 IS: Everglades for the Next Generation Act U.S. Senate 2016-02-02 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 2d Session S. 2481 IN THE SENATE OF THE UNITED STATES February 2, 2016 Mr. Nelson Committee on Environment and Public Works A BILL To amend the Water Resources Development Act of 2000 to provide for expedited project implementation relating to the comprehensive Everglades restoration plan. 1. Short title This Act may be cited as the Everglades for the Next Generation Act 2. Comprehensive Everglades restoration plan Section 601(d) of the Water Resources Development Act of 2000 ( Public Law 106–541 (1) in paragraph (1), by inserting and subject to paragraph (3) subsection (b) or (c) (2) by adding at the end the following: (3) Expedited project implementation After completing a project implementation report prepared in accordance with subsections (f) and (h), the Secretary may carry out, without any further congressional authorization— (A) any project identified in the Plan for which a project implementation report is completed that is in accordance with an integrated delivery schedule approved by the Chief of Engineers and the South Florida Water Management District, in consultation with the South Florida Ecosystem Restoration Task Force, subject to the condition that the report is completed not later than 5 years after the date of enactment of this paragraph; and (B) any group of projects under the Plan that the Secretary determines will provide regional or watershed ecosystem or water supply benefits if the group of projects is constructed in accordance with a project implementation report approved by the Chief of Engineers and the South Florida Water Management District, in consultation with the South Florida Ecosystem Restoration Task Force, not later than 5 years after the date of enactment of this paragraph. . | Everglades for the Next Generation Act |
Quality Care for Moms and Babies Act - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), as part of the pediatric quality measures program and the Medicaid Quality Measurement Program (MQMP), to: (1) review certain quality measures endorsed under the Medicare program that relate to the care of childbearing women and newborns, particularly with respect to their application to the programs under SSA title XIX (Medicaid) and XXI (State Children's Health Insurance Program) (CHIP), identifying omissions and deficiencies in such applications; (2) develop and publish a set of maternity care quality measures for the Medicaid and CHIP programs in accordance with specified requirements; and (3) review the Mother and Infant Care (MIC) quality measures and develop, on an ongoing basis, any modifications of, or additions to, them that reflect the development, testing, validation, and consensus process. Directs the Secretary to enter into grants, contracts, or intergovernmental agreements with qualified measure development entities to: (1) identify quality of care issues that are not adequately addressed by the MIC quality measures; and (2) develop, test, and validate modifications of such measures. Requires a qualified measure development entity with such a grant, contract, or intergovernmental agreement to consult with voluntary consensus standards setting organizations and other organizations involved in the advancement of evidence-based measures of health to create, as part of the MIC quality measures, eMeasures (for which measurement data, including clinical data, will be collected electronically) aligned with the measures developed under the pediatric quality measures program and the MQMP. Requires the Agency for Healthcare Research and Quality to adapt the Consumer Assessment of Healthcare Providers and Systems program surveys of providers, facilities, and health plans to ensure that the adapted surveys are effective in measuring aspects of care that childbearing women and newborns experience. Authorizes the Secretary to make grants to eligible entities to support: (1) the development of new state and regional maternity care quality collaboratives; (2) expanded activities of existing maternity care quality collaboratives; and (3) maternity care initiatives within established state and regional quality collaboratives that are not focused exclusively on maternity care. | 114 S466 IS: Quality Care for Moms and Babies Act U.S. Senate 2015-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 466 IN THE SENATE OF THE UNITED STATES February 11, 2015 Ms. Stabenow Mr. Grassley Mrs. Boxer Mr. Casey Mr. Heinrich Mr. Reed Mr. Schumer Committee on Finance A BILL To amend title XI of the Social Security Act to improve the quality, health outcomes, and value of maternity care under the Medicaid and CHIP programs by developing maternity care quality measures and supporting maternity care quality collaboratives. 1. Short title; table of contents (a) Short title This Act may be cited as the Quality Care for Moms and Babies Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Quality measures for maternity care under Medicaid and CHIP. Sec. 3. Quality collaboratives. 2. Quality measures for maternity care under Medicaid and CHIP (a) In general Section 1139A of the Social Security Act ( 42 U.S.C. 1320b–9a (j) Mother and Infant care (MIC) quality measures (1) In general As part of the pediatric quality measures program established under subsection (b) and the Medicaid Quality Measurement Program established under section 1139B(b)(5)(A), the Secretary shall— (A) review quality measures endorsed under section 1890(b)(2) that relate to the care of childbearing women and newborns, particularly with respect to the application of such measures to the Medicaid and CHIP programs under titles XIX and XXI, and identify omissions and deficiencies in the application of those measures to such programs; (B) develop and publish a set of maternity care quality measures for the Medicaid and CHIP programs under titles XIX and XXI (in this subsection referred to as the Mother and Infant Care (MIC) quality measures (C) on an ongoing basis, review the MIC quality measures and develop and publish any modifications of, or additions or deletions to, such measures that reflect the development, testing, validation, and consensus process described in paragraph (4). (2) Process for initial review and publication (A) Consultation and public comment Not later than January 1, 2018, the Secretary shall— (i) solicit public comment on the proposed MIC quality measures; and (ii) consult with the stakeholders identified in paragraph (6)(A) regarding such measures. (B) Publication of initial set of measures Not later than January 1, 2019, the Secretary shall identify and publish the initial MIC quality measures. (3) Requirements (A) In general The MIC quality measures shall— (i) be evidence-based; (ii) utilize risk adjustment or risk stratification methodologies, if appropriate; (iii) utilize attribution methods to specify the clinicians, facilities, and other entities that the measures are applicable to; (iv) be pilot-tested with regards to scientific validity, feasibility, and attribution method; and (v) include a balance of each of the types of measures listed in subparagraph (B) (B) List of types of measures The measures listed in this subparagraph are the following: (i) Measures of the process, experience, efficiency, and outcomes of maternity care, including postpartum outcomes. (ii) Measures that apply to— (I) women and newborns who are healthy and at low risk, including measures of appropriately low-intervention, physiologic birth in low-risk women; and (II) women and newborns at higher risk. (iii) Measures that apply to— (I) childbearing women; and (II) newborns. (iv) Measures that apply to care during— (I) pregnancy; (II) the intrapartum period; and (III) the postpartum period. (v) Measures that apply to— (I) clinicians and clinician groups; (II) facilities; (III) health plans; and (IV) accountable care organizations. (vi) Measurement of— (I) disparities; (II) care coordination; and (III) shared decisionmaking. (C) Physiologic defined For purposes of this paragraph, the term physiologic (D) Construction Nothing in this paragraph shall be construed as supporting the restriction of coverage, under title XIX or XXI or otherwise, to only those services that are evidence-based, or in any way limiting available services. (4) Ongoing review of the MIC measures; e M (A) Contracts with qualified entities Not later than June 30, 2019, the Secretary, acting through the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, shall enter into grants, contracts, or intergovernmental agreements with qualified measure development entities for the purpose of identifying quality of care issues that are not adequately addressed by the MIC quality measures and developing, testing, and validating modifications of, or additions or deletions to, the MIC quality measures, and creating eMeasures for data collection related to the MIC quality measures. (B) Qualified measure development entity defined For purposes of this paragraph, the term qualified measure development entity (i) has demonstrated expertise and capacity in the development and testing of quality measures; (ii) has adopted procedures for quality measure development that ensure the inclusion of— (I) the views of the individuals and entities referred to in paragraph (3)(B)(v) (II) the views of other individuals and entities (including patients, consumers, and health care purchasers) who will use the data generated as a result of the use of the quality measures; (iii) for the purpose of ensuring that the MIC quality measures meet the requirements to be considered for endorsement under section 1890(b)(2), has provided assurances to the Secretary that the measure development entity will collaborate with— (I) the Secretary; (II) the consensus-based entity with a contract under section 1890(a)(1); and (III) stakeholders (including those stakeholders identified in paragraph (6)(A) (iv) has transparent policies regarding governance and conflicts of interest; and (v) submits an application to the Secretary at such time, and in such form and manner, as the Secretary may require. (C) e M (i) In general A qualified measure development entity with a grant, contract, or intergovernmental agreement under subparagraph (A) (ii) e M For purposes of this subparagraph, the term eMeasure (D) Endorsement Any modifications of, or additions or deletions to, the MIC quality measures shall be submitted by the qualified measure development entity to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2). (5) Maternity consumer assessment of health care providers and systems surveys (A) Adaption of surveys Not later than January 1, 2020, for the purpose of measuring the care experiences of childbearing women and newborns, the Agency for Healthcare Research and Quality shall adapt the Consumer Assessment of Healthcare Providers and Systems program surveys of— (i) providers; (ii) facilities; and (iii) health plans. (B) Surveys must be effective The Agency for Healthcare Research and Quality shall ensure that the surveys adapted under subparagraph (A) (i) various types of care settings; (ii) various types of caregivers; (iii) considerations relating to pain; (iv) shared decisionmaking; (v) supportive care around the time of birth; and (vi) other topics relevant to the quality of the experience of childbearing women and newborns. (C) Languages The surveys adapted under subparagraph (A) (D) Endorsement The Agency for Healthcare Research and Quality shall submit any Consumer Assessment of Healthcare Providers and Systems surveys adapted under this paragraph to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2). (E) Consultation The adaption of (and process for applying) the surveys under subparagraph (A) paragraph (6)(A) (6) Stakeholders (A) In general The stakeholders identified in this subparagraph are— (i) the various clinical disciplines and specialties involved in providing maternity care; (ii) State Medicaid administrators; (iii) maternity care consumers and their advocates; (iv) technical experts in quality measurement; (v) hospital, facility and health system leaders; (vi) employers and purchasers; and (vii) other individuals who are involved in the advancement of evidence-based maternity care quality measures. (B) Professional organizations The stakeholders identified under subparagraph (A) (7) Authorization of appropriations There are authorized to be appropriated $16,000,000 to carry out this subsection. Funds appropriated under this paragraph shall remain available until expended. . (b) Conforming amendments (1) Section 1139A of the Social Security Act ( 42 U.S.C. 1320b–9a (A) in subsection (a)(6), in the matter preceding subparagraph (A), by inserting and the Medicaid and CHIP Payment and Access Commission Congress (B) in subsection (i), by striking subsection (e) subsections (e) and (j) (2) Section 1139B(b)(4) of such Act (42 U.S.C. 1320b–9b(b)(4)) is amended by inserting and the Medicaid and CHIP Payment and Access Commission Congress 3. Quality collaboratives (a) Grants The Secretary of Health and Human Services (in this section referred to as the Secretary (1) the development of new State and regional maternity care quality collaboratives; (2) expanded activities of existing maternity care quality collaboratives; and (3) maternity care initiatives within established State and regional quality collaboratives that are not focused exclusively on maternity care. (b) Eligible entity The following entities shall be eligible for a grant under subsection (a) (1) Quality collaboratives that focus entirely, or in part, on maternity care initiatives, to the extent that such collaboratives use such grant only for such initiatives. (2) Entities seeking to establish a maternity care quality collaborative. (3) State Medicaid agencies. (4) State departments of health. (5) Health insurance issuers (as such term is defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 (6) Provider organizations, including associations representing— (A) health professionals; and (B) hospitals. (c) Eligible projects and programs In order for a project or program of an eligible entity to be eligible for funding under subsection (a) (1) improving the appropriate use of cesarean section; (2) reducing maternal and newborn morbidity rates; (3) improving breast-feeding rates; (4) reducing hospital readmission rates; (5) identifying improvement priorities through shared peer review and third-party reviews of qualitative and quantitative data, and developing and carrying out projects or programs to address such priorities; or (6) delivering risk-appropriate levels of care. (d) Activities Activities that may be supported by the funding under subsection (a) (1) Facilitating performance data collection and feedback reports to providers with respect to their performance, relative to peers and benchmarks, if any. (2) Developing, implementing, and evaluating protocols and checklists to foster safe, evidence-based practice. (3) Developing, implementing, and evaluating programs that translate into practice clinical recommendations supported by high-quality evidence in national guidelines, systematic reviews, or other well-conducted clinical studies. (4) Developing underlying infrastructure needed to support quality collaborative activities under this subsection. (5) Providing technical assistance to providers and institutions to build quality improvement capacity and facilitate participation in collaborative activities. (6) Developing the capability to access the following data sources: (A) A mother’s prenatal, intrapartum, and postpartum records. (B) A mother’s medical records. (C) An infant’s medical records since birth. (D) Birth and death certificates. (E) Any other relevant State-level generated data (such as data from the pregnancy risk assessment management system (PRAMS)). (7) Developing access to blinded liability claims data, analyzing the data, and using the results of such analysis to improve practice. (e) Special rule for births (1) In general Subject to paragraph (2), if a grant under subsection (a) (2) Exception In the case of a grant under subsection (a) for a project or program located in a State in which less than 25 percent of the health facilities in the State perform less than 1,000 births per year, the percentage of births in such facilities addressed by such project or program shall be commensurate with the Statewide percentage of births performed at such facilities. (f) Use of quality measures Projects and programs for which such a grant is made shall— (1) include data collection with rapid analysis and feedback to participants with a focus on improving practice and health outcomes; (2) develop a plan to identify and resolve data collection problems; (3) identify and document evidence-based strategies that will be used to improve performance on quality measures and other metrics; and (4) exclude from quality measure collection and reporting physicians and midwives who attend fewer than 30 births per year. (g) Reporting on quality measures Any reporting requirements established by a project or program funded under subsection (a) (1) minimize costs and administrative effort; and (2) use existing data resources when feasible. (h) Clearinghouse The Secretary shall establish an online, open-access clearinghouse to make protocols, procedures, reports, tools, and other resources of individual collaboratives available to collaboratives and other entities that are working to improve maternity care quality. (i) Evaluation A quality collaborative (or other entity receiving a grant under subsection (a) (1) develop and carry out plans for evaluating its maternity care quality improvement programs and projects; and (2) publish its experiences and results in articles, technical reports, or other formats for the benefit of others working on maternity care quality improvement activities. (j) Annual reports to Secretary A quality collaborative or other eligible entity that receives a grant under subsection (a) (1) A description of the activities carried out using the funding from such grant. (2) A description of any barriers that limited the ability of the collaborative or entity to achieve its goals. (3) The achievements of the collaborative or entity under the grant with respect to the quality, health outcomes, and value of maternity care. (4) A list of lessons learned from the grant. Such reports shall be made available to the public. (k) Governance (1) In general A maternity care quality collaborative or a maternity care program within a broader quality collaborative that is supported under subsection (a) shall be governed by a multi-stakeholder executive committee. (2) Composition Such executive committee shall include individuals who represent— (A) physicians, including physicians in the fields of general obstetrics, maternal-fetal medicine, family medicine, neonatology, and pediatrics; (B) nurse-practitioners and nurses; (C) certified nurse-midwives and certified midwives; (D) health facilities and health systems; (E) consumers; (F) employers and other private purchasers; (G) Medicaid programs; and (H) other public health agencies and organizations, as appropriate. Such committee also may include other individuals, such as individuals with expertise in health quality measurement and other types of expertise as recommended by the Secretary. Such committee also may be composed of a combination of general collaborative executive committee members and maternity specific project executive committee members. (l) Consultation A quality collaborative or other eligible entity that receives a grant under subsection (a) (1) regional and State public health agencies and organizations; (2) public and private health insurers; and (3) regional and State organizations representing physicians, midwives, and nurses who provide maternity services. (m) Authorization of appropriations There are authorized to be appropriated $15,000,000 to carry out this section. Funds appropriated under this subsection shall remain available until expended. | Quality Care for Moms and Babies Act |
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - (Sec. 4) Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete). (Sec. 5) Requires any such order to provide for establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete products. Prohibits the Board from engaging in any action, nor using any funds received under this Act, to: (1) influence legislation or governmental action, or (2) engage in an action that would be a conflict of interest or in advertising that is false or misleading. Requires an order to require manufacturers to: maintain records sufficient to ensure compliance with it and regulations; submit to the Board any required information to carry out its responsibilities; and make these records available, during normal business hours, for inspection by Board employees or agents or the Department of Commerce, including any records necessary to verify such information. (Sec. 6) Requires any such order to require assessments to be paid by manufacturers with respect to concrete manufactured and marketed in the United States. Establishes an initial assessment rate at $0.01 per concrete masonry unit sold. Grants the Board authority to increase or decrease such rate but limits the change to $0.01 per such unit. Prohibits the rate from exceeding $0.05 per unit and from being changed more than once annually. Authorizes the Board to make specified investments of collected assessments. Requires at least 50% of the assessments (less administrative expenses) paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. (Sec. 7) Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval, according to specified procedures, among the manufacturers required to pay assessments under it. (Sec. 8) Prescribes requirements for petition and review of an order, including order enforcement through U.S. district courts. Authorizes the Secretary to assess a civil penalty on any person willfully violating such an order or regulation. (Sec. 10) Authorizes the Secretary to conduct appropriate investigations to administer this Act (with power of subpoena). (Sec. 11) Directs the Secretary to suspend or terminate any order or provision of an order that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum. (Sec. 16) Prohibits the use of funds appropriated to carry out this Act for the Board's payment of expenses or expenditures in administering the order. | 113 S429 RS: Concrete Masonry Products Research, Education, and Promotion Act of 2013 U.S. Senate 2013-02-28 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. 617 113th CONGRESS 2d Session S. 429 IN THE SENATE OF THE UNITED STATES February 28, 2013 Mr. Nelson Mr. Blunt Mr. Manchin Mrs. McCaskill Mr. Coons Mrs. Hagan Mr. Burr Mr. Chambliss Ms. Klobuchar Mr. Crapo Mr. Moran Mr. Casey Ms. Baldwin Mr. Levin Mr. Cardin Ms. Stabenow Mr. Roberts Mr. Durbin Ms. Cantwell Mrs. Murray Mr. Warner Mr. Booker Mr. Menendez Committee on Commerce, Science, and Transportation December 8, 2014 Reported by Mr. Rockefeller Strike out all after the enacting clause and insert the part printed in italic A BILL To enable concrete masonry products manufacturers to establish, finance, and carry out a coordinated program of research, education, and promotion to improve, maintain, and develop markets for concrete masonry products. 1. Short title This Act may be cited as the Concrete Masonry Products Research, Education, and Promotion Act of 2013 2. Findings and declaration of policy (a) Findings Congress finds the following: (1) The production of concrete masonry products plays a significant role in the economy of the United States. (2) Concrete masonry products are produced by hundreds of concrete manufacturers and utilized throughout the United States and foreign countries. (3) Concrete masonry products move in the channels of interstate and foreign commerce, and concrete masonry products that do not move in such channels of commerce directly burden or affect interstate commerce of concrete masonry products. (4) The concrete masonry products industry employs thousands of workers and positively impacts economic stability throughout the United States. (5) The maintenance and expansion of existing markets for concrete masonry products and the development of new markets is vital to the welfare of concrete manufacturers in the United States and those concerned with marketing and using concrete masonry products as well as the general economic welfare of the United States. (6) The concrete masonry products industry plays a vital role in providing safe, environmentally sustainable, and economical construction for citizens of the United States and abroad. (7) Concrete masonry products are used for the construction of structures that protect and provide shelter for citizens during disasters (earthquakes, floods, hurricanes, tornados, fire, et cetera). (8) Concrete masonry structures provide energy efficiencies to reduce American energy demands. (9) Concrete masonry provides for durable structures that support sustainability objectives, reducing long-term demands on natural resources. (10) Concrete masonry products are made using locally available resources throughout the United States, reducing transportation and infrastructure demands. (11) Concrete masonry products are used to support the construction of durable and cost-efficient, low-income housing. (b) Purpose The purpose of this Act is to authorize the establishment of an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of research, education, and promotion, including funds for marketing and market research activities, that is designed to— (1) strengthen the position of the concrete masonry products industry in the domestic marketplace; (2) maintain, develop, and expand markets and uses for concrete masonry products in the domestic and foreign marketplaces; and (3) promote the use of concrete masonry products in environmentally sustainable construction and building. (c) Limitation Nothing in this Act may be construed to provide for the control of production or otherwise limit the right of any person to manufacture concrete masonry products. 3. Definitions For the purposes of this Act: (a) Block machine The term block machine (b) Board The term Board section 5 (c) Cavity The term cavity (d) Commerce The term commerce (e) Concrete masonry products The term concrete masonry products (f) Concrete masonry unit The term concrete masonry unit (g) Department The term Department (h) Dry-Cast concrete The term dry-cast concrete (i) Education The term education (j) Machine cavities The term machine cavities (k) Machine cavities in operation The term machine cavities in operation (l) Masonry unit The term masonry unit (m) Manufacturer The term manufacturer (n) Order The term order (o) Person The term person (p) Promotion The term promotion (q) Research The term research (r) Secretary The term Secretary (s) United States The term United States 4. Issuance of orders (a) In general (1) Issuance The Secretary, subject to the procedures provided in subsection (b) (2) Scope Any order shall be national in scope. (3) One order Not more than one order shall be in effect at any one time. (b) Procedures (1) Development or receipt of proposed order A proposed order with respect to concrete masonry products may be— (A) prepared by the Secretary at any time; or (B) requested by or submitted to the Secretary by— (i) an existing national organization of concrete masonry product manufacturers; or (ii) any person that may be affected by the issuance of an order with respect to concrete masonry products. (2) Publication of proposed order Not later than 60 days after receiving a proposed order or a request for a proposed order in accordance with subparagraph (B) of paragraph (1), the Secretary shall publish a proposed order in the Federal Register and give 30 days notice and opportunity for public comment on the proposed order. (3) Issuance of order (A) In general After notice and opportunity for public comment are provided in accordance with paragraph (2) (B) Effective date The order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 7 (c) Amendments The Secretary may, from time to time, amend an order. The provisions of this Act applicable to an order shall be applicable to any amendment to an order. 5. Required terms in orders (a) In general Any order issued under this Act shall contain the terms and provisions specified in this section. (b) Concrete Masonry Products Board (1) Establishment and membership (A) Establishment The order shall provide for the establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete masonry products. (B) Membership (i) Number of members The board shall consist of not more than 25 members. (ii) Appointment The members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection. (iii) Composition The Board shall consist of manufacturers. (2) Distribution of appointments (A) Geographical representation To ensure fair and equitable representation of the concrete masonry products industry, the composition of the Board shall reflect the geographical distribution of the manufacture of concrete masonry products in the United States and the types of concrete masonry products manufactured. (B) Adjustment in board representation Three years after the assessment of concrete masonry products commences pursuant to an order, and at the end of each 3-year period thereafter, the Board, subject to the review and approval of the Secretary, shall, if warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the manufacture of concrete masonry products and the types of concrete masonry products manufactured. (3) Nominations Process The order shall provide the following: (A) Number of nominations Two nominees shall be submitted for each appointment to the Board. (B) Procedure Nominations for each appointment of a manufacturer shall be made by manufacturers in accordance with procedures specified in the order. (C) Failure to nominate In any case in which manufacturers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary. (D) Failure to appoint If the Secretary fails to make an appointment to the Board within 30 days of receiving nominations for such appointment, the first nominee for such appointment shall be deemed appointed. (4) Alternates The order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order. (5) Terms (A) In general The members and any alternates of the Board shall each serve for a term of 3 years, except that members and any alternates initially appointed to the Board shall serve for terms of not more than 2, 3, and 4 years, as specified by the order. (B) Limitation on consecutive terms A member or alternate may serve not more than 2 consecutive terms. (C) Continuation of term Notwithstanding subparagraph (B) (D) Vacancies A vacancy arising before the expiration of a term of office of an incumbent member or alternate of the Board shall be filled in a manner provided for in the order. (6) Disqualification from Board service The order shall provide that if a member or alternate of the Board who was appointed as a manufacturer ceases to qualify as a manufacturer, such member or alternate shall be disqualified from serving on the Board. (7) Compensation (A) In general Members and any alternates of the Board shall serve without compensation. (B) Travel expenses If approved by the Board, members or alternates shall be reimbursed for reasonable travel expenses, which may include per diem allowance or actual subsistence incurred while away from their homes or regular places of business in the performance of services for the Board. (c) Powers and duties of the Board The order shall specify the powers and duties of the Board, which shall include the power and duty— (1) to administer the order in accordance with its terms and conditions and to collect assessments; (2) to develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the board and such rules as may be necessary to administer the order, including activities authorized to be carried out under the order; (3) to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate; (4) to establish regional organizations or committees to administer regional initiatives; (5) to establish working committees of persons other than Board members; (6) to employ such persons, other than the members, as the board considers necessary, and to determine the compensation and specify the duties of the persons; (7) to prepare and submit for the approval of the Secretary, before the beginning of each fiscal year, rates of assessment under section 6 (8) to borrow funds necessary for the startup expenses of the order; (9) to carry out research, education, and promotion programs and projects, and to pay the costs of such programs and projects with assessments collected under section 6 (10) subject to subsection (e) (11) to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary; (12) to receive, investigate, and report to the Secretary complaints of violations of the order; (13) to furnish the Secretary with such information as the Secretary may request; (14) to recommend to the Secretary such amendments to the order as the Board considers appropriate; and (15) to provide the Secretary with advance notice of meetings. (d) Programs and projects; budgets; expenses (1) Programs and projects The order shall require the Board to submit to the Secretary for approval any program or project of research, education, or promotion. (2) Budgets (A) Submission The order shall require the Board to submit to the Secretary for approval a budget of the anticipated expenses and disbursements of the Board in the implementation of the order, including the projected costs of concrete masonry products research, education, and promotion programs and projects. (B) Timing The budget shall be submitted before the beginning of a fiscal year and as frequently as may be necessary after the beginning of the fiscal year. (C) Approval If the Secretary fails to approve or reject a budget within 30 days of receipt, such budget shall be deemed approved. (3) Administrative Expenses (A) Incurring expenses A board may incur the expenses described in paragraph (2) (B) Payment of expenses Expenses incurred under subparagraph (A) section 6 (C) Limitation on spending For fiscal years beginning 3 or more years after the date of the establishment of the Board, the Board may not expend for administration (except for reimbursement to the Secretary required under subparagraph (D) (D) Reimbursement of Secretary The order shall require that the Secretary be reimbursed from assessments for all expenses incurred by the Secretary in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order. (e) Contracts and agreements (1) In general The order shall provide that, with the approval of the Secretary, the Board may— (A) enter into contracts and agreements to carry programs and projects of research, education, and promotion activities relating to concrete masonry products, including contracts and agreements with manufacturer associations or other entities as considered appropriate by the Secretary; (B) enter into contracts and agreements for administrative services; and (C) pay the cost of approved research, education, and promotion programs and projects using assessments collected under section 6 (2) Requirements Each contract or agreement shall provide that any person who enters into the contract or agreement with the Board shall— (A) develop and submit to the Board a proposed activity together with a budget that specifies the cost to be incurred to carry out the activity; (B) keep accurate records of all of transactions relating to the contract or agreement; (C) account for funds received and expended in connection with the contract or agreement; (D) make periodic reports to the Board of activities conducted under the contract or agreement; and (E) make such other reports as the Board or the Secretary considers relevant. (3) Failure to approve If the Secretary fails to approve or reject a contract or agreement entered into under paragraph (1) (f) Books and records of Board (1) In general The order shall require the Board to— (A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may require; (B) collect and submit to the Secretary, at any time the Secretary may specify, any information the Secretary may request; and (C) account for the receipt and disbursement of all funds in the possession, or under the control, of the Board. (2) Audits The order shall require the Board to have— (A) the books and records of the Board audited by an independent auditor at the end of each fiscal year; and (B) a report of the audit submitted directly to the Secretary. (g) Prohibited activities (1) In general Subject to paragraph (2) (A) influence legislation or governmental action; (B) engage in an action that would be a conflict of interest; or (C) engage in advertising that is false or misleading. (2) Exceptions Paragraph (1) (A) the development and recommendation of amendments to the order; (B) the communication to appropriate government officials of information relating to the conduct, implementation, or results of research, education, and promotion activities under the order; or (C) any action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government. (h) Periodic evaluation The order shall require the Board to provide for the independent evaluation of all research, education, and promotion activities undertaken under the order. (i) Books and records of persons covered by order (1) In general The order shall require that manufacturers and importers of concrete masonry products shall— (A) maintain records sufficient to ensure compliance with the order and regulations; (B) submit to the Board any information required by the Board to carry out its responsibilities; and (C) make the records described in subparagraph (A) subparagraph (B) (2) Time requirement Any record required to be maintained under paragraph (1) (3) Confidentiality of information (A) In general Except as otherwise provided in this Act, all information obtained under paragraph (1) section 7 (B) Suits and hearings Information referred to in subparagraph (A) (i) the Secretary considers the information relevant; and (ii) the information is revealed in a judicial proceeding or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party. (C) General statements and publications This paragraph does not prohibit— (i) the issuance of general statements based on reports or on information relating to a number of persons subject to an order if the statements do not identify the information furnished by any person; or (ii) the publication, by direction of the Secretary, of the name of any person violating any order and a statement of the particular provisions of the order violated by the person. (D) Penalty Any person who willfully violates this subsection shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (4) Withholding information This subsection does not authorize the withholding of information from Congress. 6. Assessments (a) Assessments The order shall provide that assessments shall be paid by manufacturers with respect to concrete masonry products manufactured and marketed in the United States. (b) Collection (1) In general Assessments required under the order shall be remitted by the manufacturer to the Board in the manner prescribed by the order. (2) Timing The order shall provide that assessments required under the order shall be remitted to the Board not less frequently than quarterly. (3) Records As part of the remittance of assessments, manufacturers shall identify the total amount due in assessments on all sales receipts, invoices or other commercial documents of sale as a result of the sale of concrete masonry units in a manner as prescribed by the Board to ensure compliance with the order. (c) Assessment rates With respect to assessment rates, the order shall contain the following terms: (1) Initial rate The assessment rate on concrete masonry products shall be $0.01 per concrete masonry unit sold. (2) Changes in the rate (A) Authority to change rate The Board shall have the authority to change the assessment rate. A two-thirds majority of voting members of the Board shall be required to approve a change in the assessment rate. (B) Limitation on increases An increase or decrease in the assessment rate with respect to concrete masonry products may not exceed $0.01 per concrete masonry unit sold. (C) Maximum rate The assessment rate shall not be in excess of $0.05 per concrete masonry unit. (D) Limitation on frequency of changes The assessment rate may not be increased or decreased more than once annually. (d) Late-Payment and interest charges (1) In general Late-payment and interest charges may be levied on each person subject to the order who fails to remit an assessment in accordance with subsection (b) (2) Rate The rate for late-payment and interest charges shall be specified by the Secretary. (e) Investment of assessments Pending disbursement of assessments under a budget approved by the Secretary, a board may invest assessments collected under this section in— (1) obligations of the United States or any agency of the United States; (2) general obligations of any State or any political subdivision of a State; (3) interest-bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System; or (4) obligations fully guaranteed as to principal and interest by the United States. (f) Assessment funds for Regional Initiatives (1) In general The order shall provide that no less than 50 percent of the assessments (less administration expenses) paid by a manufacturer shall be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. (2) Geographic regions The order shall provide for the following geographic regions: (A) Region I shall comprise Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia. (B) Region II shall comprise Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. (C) Region III shall comprise Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (D) Region IV shall comprise Arizona, Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. (E) Region V shall comprise Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. (3) Adjustment of geographic regions The order shall provide that the Secretary may, upon recommendation of the Board, modify the composition of the geographic regions described in paragraph (2) 7. Referenda (a) Initial Referendum (1) Referendum required During the 60-day period immediately preceding the proposed effective date of the order issued under section 4, the Secretary shall conduct a referendum among manufacturers required to pay assessments under the order, as provided in section 6 (2) Approval of order needed The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum. (b) Votes permitted (1) In general Each manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote for each machine cavity in operation that is operated by such manufacturer if they satisfy the eligibility requirements as defined in paragraph (2). (2) Eligibility For purposes of paragraph (1), manufacturers shall be considered to be eligible to vote if they have manufactured concrete masonry products during a period of at least 180 days prior to the referendum. (c) Manner of conducting referenda (1) In general Referenda conducted pursuant to this section shall be conducted in a manner determined by the Secretary. (2) Advance registration A manufacturer who chooses to vote in any referendum conducted under this section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4) (3) Voting The Secretary shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential. (4) Notice Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify all manufacturers, in such a manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection. (d) Subsequent referenda If an order is approved in a referendum conducted under subsection (a) (1) at the request of the Board, subject to the voting requirements of subsections (b) (2) effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the number of persons eligible to vote under subsection (b) (e) Suspension or termination If, as a result of a referendum conducted under subsection (d) (1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and (2) suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner. (f) Costs of referenda The Board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary from assessments for any expenses incurred by the Secretary to conduct the referendum. 8. Petition and review (a) Petition (1) In general A person subject to an order issued under this Act may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearing The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) Ruling After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b) (4) Limitation on petition Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) Review (1) Commencement of action The district courts of the United States in any district in which a person who is a petitioner under subsection (a) (2) Process Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) Remands If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further action as, in the opinion the court, the law requires. (c) Enforcement The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 9 9. Enforcement (a) Jurisdiction A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this Act or an order or regulation issued by the Secretary under this Act. (b) Referral to Attorney General A civil action authorized to be brought under this section shall be referred to the Attorney General of the United States for appropriate action. (c) Civil penalties and orders (1) Civil penalties A person who willfully violates an order or regulation issued by the Secretary under this Act may be assessed by the Secretary a civil penalty of not more than $5,000 for each violation. (2) Separate offense Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense. (3) Cease-and-desist orders In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation. (4) Notice and hearing No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation. (5) Finality An order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the appropriate district court of the United States, as provided in subsection (d) (d) Additional remedies The remedies provided in this Act shall be in addition to, and not exclusive of, other remedies that may be available. 10. Investigation and power to subpoena (a) Investigations The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this Act, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this Act or any order or regulation issued under this Act. (b) Subpoenas, oaths, and affirmations (1) Investigations For the purpose of conducting an investigation under subsection (a) (2) Administrative hearings For the purpose of an administrative hearing held under section 8(a)(2) section 9(c)(4) (c) Aid of courts (1) In general In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) subsection (b) (2) Order The court may issue an order requiring the person referred to in a paragraph (1) paragraph (1) (3) Failure to obey Any failure to obey the order of the court may be punished by the court as a contempt of court. (4) Process Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found. 11. Suspension or termination (a) Mandatory suspension or termination The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or provision of an order obstructs or does not tend to effectuate the purpose of this Act, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7 (b) Implementation of suspension or termination If, as a result of a referendum conducted under section 7 (1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and (2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner. 12. Confidentiality Nothing in this Act shall be construed to require the Board to disclose information or records under section 552 of title 5, United States Code. 13. Amendments to orders The provisions of this Act applicable to the order shall be applicable to any amendment to the order, except that section 8 shall not apply to an amendment. 14. Effect on other laws This Act shall not affect or preempt any other Federal or State law authorizing research, education, and promotion relating to concrete masonry products. 15. Regulations The Secretary may issue such regulations as may be necessary to carry out this Act and the power vested in the Secretary under this Act. 16. Limitation on expenditures for administrative expenses Funds appropriated to carry out this Act may not be used for the payment of the expenses or expenditures of the Board in administering the order. 1. Short title This Act may be cited as the Concrete Masonry Products Research, Education, and Promotion Act of 2013 2. Findings and declaration of policy (a) Findings Congress finds the following: (1) The production of concrete masonry products plays a significant role in the economy of the United States. (2) Concrete masonry products are produced by hundreds of concrete manufacturers and utilized throughout the United States and foreign countries. (3) Concrete masonry products move in the channels of interstate and foreign commerce, and concrete masonry products that do not move in such channels of commerce directly burden or affect interstate commerce of concrete masonry products. (4) The concrete masonry products industry employs thousands of workers and positively impacts economic stability throughout the United States. (5) The maintenance and expansion of existing markets for concrete masonry products and the development of new markets is vital to the welfare of concrete manufacturers in the United States and those concerned with marketing and using concrete masonry products as well as the general economic welfare of the United States. (6) The concrete masonry products industry plays a vital role in providing safe, environmentally sustainable, and economical construction for citizens of the United States and abroad. (7) Concrete masonry products are used for the construction of structures that protect and provide shelter for citizens during disasters (earthquakes, floods, hurricanes, tornados, fire, et cetera). (8) Concrete masonry structures provide energy efficiencies to reduce American energy demands. (9) Concrete masonry provides for durable structures that support sustainability objectives, reducing long-term demands on natural resources. (10) Concrete masonry products are made using locally available resources throughout the United States, reducing transportation and infrastructure demands. (11) Concrete masonry products are used to support the construction of durable and cost-efficient, low-income housing. (b) Purpose The purpose of this Act is to authorize the establishment of an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of research, education, and promotion, including funds for marketing and market research activities, that is designed to— (1) strengthen the position of the concrete masonry products industry in the domestic marketplace; (2) maintain, develop, and expand markets and uses for concrete masonry products in the domestic and foreign marketplaces; and (3) promote the use of concrete masonry products in environmentally sustainable construction and building. (c) Limitation Nothing in this Act may be construed to provide for the control of production or otherwise limit the right of any person to manufacture concrete masonry products. 3. Definitions For the purposes of this Act: (a) Block machine The term block machine (b) Board The term Board section 5 (c) Cavity The term cavity (d) Commerce The term commerce (e) Concrete masonry products The term concrete masonry products (f) Concrete masonry unit The term concrete masonry unit (g) Department The term Department (h) Dry-Cast concrete The term dry-cast concrete (i) Education The term education (j) Machine cavities The term machine cavities (k) Machine cavities in operation The term machine cavities in operation (l) Masonry unit The term masonry unit (m) Manufacturer The term manufacturer (n) Order The term order (o) Person The term person (p) Promotion The term promotion (q) Research The term research (r) Secretary The term Secretary (s) United States The term United States 4. Issuance of orders (a) In general (1) Issuance The Secretary, subject to the procedures provided in subsection (b) (2) Scope Any order shall be national in scope. (3) One order Not more than one order shall be in effect at any one time. (b) Procedures (1) Development or receipt of proposed order A proposed order with respect to concrete masonry products may be— (A) prepared by the Secretary at any time; or (B) requested by or submitted to the Secretary by— (i) an existing national organization of concrete masonry product manufacturers; or (ii) any person that may be affected by the issuance of an order with respect to concrete masonry products. (2) Publication of proposed order Not later than 60 days after receiving a proposed order or a request for a proposed order in accordance with subparagraph (B) of paragraph (1), the Secretary shall publish a proposed order in the Federal Register and give 30 days notice and opportunity for public comment on the proposed order. (3) Issuance of order (A) In general After notice and opportunity for public comment are provided in accordance with paragraph (2) (B) Effective date The order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 7 (c) Amendments The Secretary may, from time to time, amend an order. The provisions of this Act applicable to an order shall be applicable to any amendment to an order. 5. Required terms in orders (a) In general Any order issued under this Act shall contain the terms and provisions specified in this section. (b) Concrete Masonry Products Board (1) Establishment and membership (A) Establishment The order shall provide for the establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete masonry products. (B) Membership (i) Number of members The board shall consist of not more than 25 members. (ii) Appointment The members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection. (iii) Composition The Board shall consist of manufacturers. (2) Distribution of appointments (A) Geographical representation To ensure fair and equitable representation of the concrete masonry products industry, the composition of the Board shall reflect the geographical distribution of the manufacture of concrete masonry products in the United States and the types of concrete masonry products manufactured. (B) Adjustment in board representation Three years after the assessment of concrete masonry products commences pursuant to an order, and at the end of each 3-year period thereafter, the Board, subject to the review and approval of the Secretary, shall, if warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the manufacture of concrete masonry products and the types of concrete masonry products manufactured. (3) Nominations Process The order shall provide the following: (A) Number of nominations Two nominees shall be submitted for each appointment to the Board. (B) Procedure Nominations for each appointment of a manufacturer shall be made by manufacturers in accordance with procedures specified in the order. (C) Failure to nominate In any case in which manufacturers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary. (D) Failure to appoint If the Secretary fails to make an appointment to the Board within 30 days of receiving nominations for such appointment, the first nominee for such appointment shall be deemed appointed. (4) Alternates The order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order. (5) Terms (A) In general The members and any alternates of the Board shall each serve for a term of 3 years, except that members and any alternates initially appointed to the Board shall serve for terms of not more than 2, 3, and 4 years, as specified by the order. (B) Limitation on consecutive terms A member or alternate may serve not more than 2 consecutive terms. (C) Continuation of term Notwithstanding subparagraph (B) (D) Vacancies A vacancy arising before the expiration of a term of office of an incumbent member or alternate of the Board shall be filled in a manner provided for in the order. (6) Disqualification from Board service The order shall provide that if a member or alternate of the Board who was appointed as a manufacturer ceases to qualify as a manufacturer, such member or alternate shall be disqualified from serving on the Board. (7) Compensation (A) In general Members and any alternates of the Board shall serve without compensation. (B) Travel expenses If approved by the Board, members or alternates shall be reimbursed for reasonable travel expenses, which may include per diem allowance or actual subsistence incurred while away from their homes or regular places of business in the performance of services for the Board. (c) Powers and duties of the Board The order shall specify the powers and duties of the Board, which shall include the power and duty— (1) to administer the order in accordance with its terms and conditions and to collect assessments; (2) to develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the board and such rules as may be necessary to administer the order, including activities authorized to be carried out under the order; (3) to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate; (4) to establish regional organizations or committees to administer regional initiatives; (5) to establish working committees of persons other than Board members; (6) to employ such persons, other than the members, as the board considers necessary, and to determine the compensation and specify the duties of the persons; (7) to prepare and submit for the approval of the Secretary, before the beginning of each fiscal year, rates of assessment under section 6 (8) to borrow funds necessary for the startup expenses of the order; (9) to carry out research, education, and promotion programs and projects, and to pay the costs of such programs and projects with assessments collected under section 6 (10) subject to subsection (e) (11) to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary; (12) to receive, investigate, and report to the Secretary complaints of violations of the order; (13) to furnish the Secretary with such information as the Secretary may request; (14) to recommend to the Secretary such amendments to the order as the Board considers appropriate; and (15) to provide the Secretary with advance notice of meetings. (d) Programs and projects; budgets; expenses (1) Programs and projects The order shall require the Board to submit to the Secretary for approval any program or project of research, education, or promotion. (2) Budgets (A) Submission The order shall require the Board to submit to the Secretary for approval a budget of the anticipated expenses and disbursements of the Board in the implementation of the order, including the projected costs of concrete masonry products research, education, and promotion programs and projects. (B) Timing The budget shall be submitted before the beginning of a fiscal year and as frequently as may be necessary after the beginning of the fiscal year. (C) Approval If the Secretary fails to approve or reject a budget within 30 days of receipt, such budget shall be deemed approved. (3) Administrative Expenses (A) Incurring expenses A board may incur the expenses described in paragraph (2) (B) Payment of expenses Expenses incurred under subparagraph (A) section 6 (C) Limitation on spending For fiscal years beginning 3 or more years after the date of the establishment of the Board, the Board may not expend for administration (except for reimbursement to the Secretary required under subparagraph (D) (D) Reimbursement of Secretary The order shall require that the Secretary be reimbursed from assessments for all expenses incurred by the Secretary in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order. (e) Contracts and agreements (1) In general The order shall provide that, with the approval of the Secretary, the Board may— (A) enter into contracts and agreements to carry programs and projects of research, education, and promotion activities relating to concrete masonry products, including contracts and agreements with manufacturer associations or other entities as considered appropriate by the Secretary; (B) enter into contracts and agreements for administrative services; and (C) pay the cost of approved research, education, and promotion programs and projects using assessments collected under section 6 (2) Requirements Each contract or agreement shall provide that any person who enters into the contract or agreement with the Board shall— (A) develop and submit to the Board a proposed activity together with a budget that specifies the cost to be incurred to carry out the activity; (B) keep accurate records of all of transactions relating to the contract or agreement; (C) account for funds received and expended in connection with the contract or agreement; (D) make periodic reports to the Board of activities conducted under the contract or agreement; and (E) make such other reports as the Board or the Secretary considers relevant. (3) Failure to approve If the Secretary fails to approve or reject a contract or agreement entered into under paragraph (1) (f) Books and records of Board (1) In general The order shall require the Board to— (A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may require; (B) collect and submit to the Secretary, at any time the Secretary may specify, any information the Secretary may request; and (C) account for the receipt and disbursement of all funds in the possession, or under the control, of the Board. (2) Audits The order shall require the Board to have— (A) the books and records of the Board audited by an independent auditor at the end of each fiscal year; and (B) a report of the audit submitted directly to the Secretary. (g) Prohibited activities (1) In general Subject to paragraph (2) (A) influence legislation or governmental action; (B) engage in an action that would be a conflict of interest; or (C) engage in advertising that is false or misleading. (2) Exceptions Paragraph (1) (A) the development and recommendation of amendments to the order; (B) the communication to appropriate government officials of information relating to the conduct, implementation, or results of research, education, and promotion activities under the order; or (C) any action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government. (h) Periodic evaluation The order shall require the Board to provide for the independent evaluation of all research, education, and promotion activities undertaken under the order. (i) Books and records of persons covered by order (1) In general The order shall require that manufacturers of concrete masonry products shall— (A) maintain records sufficient to ensure compliance with the order and regulations; (B) submit to the Board any information required by the Board to carry out its responsibilities; and (C) make the records described in subparagraph (A) subparagraph (B) (2) Time requirement Any record required to be maintained under paragraph (1) (3) Confidentiality of information (A) In general Except as otherwise provided in this Act, all information obtained under paragraph (1) section 7 (B) Suits and hearings Information referred to in subparagraph (A) (i) the Secretary considers the information relevant; and (ii) the information is revealed in a judicial proceeding or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party. (C) General statements and publications This paragraph does not prohibit— (i) the issuance of general statements based on reports or on information relating to a number of persons subject to an order if the statements do not identify the information furnished by any person; or (ii) the publication, by direction of the Secretary, of the name of any person violating any order and a statement of the particular provisions of the order violated by the person. (D) Penalty Any person who willfully violates this subsection shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (4) Withholding information This subsection does not authorize the withholding of information from Congress. 6. Assessments (a) Assessments The order shall provide that assessments shall be paid by manufacturers with respect to concrete masonry products manufactured and marketed in the United States. (b) Collection (1) In general Assessments required under the order shall be remitted by the manufacturer to the Board in the manner prescribed by the order. (2) Timing The order shall provide that assessments required under the order shall be remitted to the Board not less frequently than quarterly. (3) Records As part of the remittance of assessments, manufacturers shall identify the total amount due in assessments on all sales receipts, invoices or other commercial documents of sale as a result of the sale of concrete masonry units in a manner as prescribed by the Board to ensure compliance with the order. (c) Assessment rates With respect to assessment rates, the order shall contain the following terms: (1) Initial rate The assessment rate on concrete masonry products shall be $0.01 per concrete masonry unit sold. (2) Changes in the rate (A) Authority to change rate The Board shall have the authority to change the assessment rate. A two-thirds majority of voting members of the Board shall be required to approve a change in the assessment rate. (B) Limitation on increases An increase or decrease in the assessment rate with respect to concrete masonry products may not exceed $0.01 per concrete masonry unit sold. (C) Maximum rate The assessment rate shall not be in excess of $0.05 per concrete masonry unit. (D) Limitation on frequency of changes The assessment rate may not be increased or decreased more than once annually. (d) Late-Payment and interest charges (1) In general Late-payment and interest charges may be levied on each person subject to the order who fails to remit an assessment in accordance with subsection (b) (2) Rate The rate for late-payment and interest charges shall be specified by the Secretary. (e) Investment of assessments Pending disbursement of assessments under a budget approved by the Secretary, a board may invest assessments collected under this section in— (1) obligations of the United States or any agency of the United States; (2) general obligations of any State or any political subdivision of a State; (3) interest-bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System; or (4) obligations fully guaranteed as to principal and interest by the United States. (f) Assessment funds for Regional Initiatives (1) In general The order shall provide that no less than 50 percent of the assessments (less administration expenses) paid by a manufacturer shall be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. (2) Geographic regions The order shall provide for the following geographic regions: (A) Region I shall comprise Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia. (B) Region II shall comprise Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. (C) Region III shall comprise Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (D) Region IV shall comprise Arizona, Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. (E) Region V shall comprise Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. (3) Adjustment of geographic regions The order shall provide that the Secretary may, upon recommendation of the Board, modify the composition of the geographic regions described in paragraph (2) 7. Referenda (a) Initial Referendum (1) Referendum required During the 60-day period immediately preceding the proposed effective date of the order issued under section 4, the Secretary shall conduct a referendum among manufacturers required to pay assessments under the order, as provided in section 6 (2) Approval of order needed The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum. (b) Votes permitted (1) In general Each manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote for each machine cavity in operation that is operated by such manufacturer if they satisfy the eligibility requirements as defined in paragraph (2). (2) Eligibility For purposes of paragraph (1), manufacturers shall be considered to be eligible to vote if they have manufactured concrete masonry products during a period of at least 180 days prior to the referendum. (c) Manner of conducting referenda (1) In general Referenda conducted pursuant to this section shall be conducted in a manner determined by the Secretary. (2) Advance registration A manufacturer who chooses to vote in any referendum conducted under this section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4) (3) Voting The Secretary shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential. (4) Notice Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify all manufacturers, in such a manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection. (d) Subsequent referenda If an order is approved in a referendum conducted under subsection (a) (1) at the request of the Board, subject to the voting requirements of subsections (b) (2) effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the number of persons eligible to vote under subsection (b) (e) Suspension or termination If, as a result of a referendum conducted under subsection (d) (1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and (2) suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner. (f) Costs of referenda The Board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary from assessments for any expenses incurred by the Secretary to conduct the referendum. 8. Petition and review (a) Petition (1) In general A person subject to an order issued under this Act may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearing The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) Ruling After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b) (4) Limitation on petition Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) Review (1) Commencement of action The district courts of the United States in any district in which a person who is a petitioner under subsection (a) (2) Process Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) Remands If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further action as, in the opinion the court, the law requires. (c) Enforcement The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 9 9. Enforcement (a) Jurisdiction A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this Act or an order or regulation issued by the Secretary under this Act. (b) Referral to Attorney General A civil action authorized to be brought under this section shall be referred to the Attorney General of the United States for appropriate action. (c) Civil penalties and orders (1) Civil penalties A person who willfully violates an order or regulation issued by the Secretary under this Act may be assessed by the Secretary a civil penalty of not more than $5,000 for each violation. (2) Separate offense Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense. (3) Cease-and-desist orders In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation. (4) Notice and hearing No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation. (5) Finality An order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the appropriate district court of the United States, as provided in subsection (d) (d) Additional remedies The remedies provided in this Act shall be in addition to, and not exclusive of, other remedies that may be available. 10. Investigation and power to subpoena (a) Investigations The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this Act, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this Act or any order or regulation issued under this Act. (b) Subpoenas, oaths, and affirmations (1) Investigations For the purpose of conducting an investigation under subsection (a) (2) Administrative hearings For the purpose of an administrative hearing held under section 8(a)(2) section 9(c)(4) (c) Aid of courts (1) In general In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) subsection (b) (2) Order The court may issue an order requiring the person referred to in a paragraph (1) paragraph (1) (3) Failure to obey Any failure to obey the order of the court may be punished by the court as a contempt of court. (4) Process Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found. 11. Suspension or termination (a) Mandatory suspension or termination The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or provision of an order obstructs or does not tend to effectuate the purpose of this Act, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7 (b) Implementation of suspension or termination If, as a result of a referendum conducted under section 7 (1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and (2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner. 12. Confidentiality Nothing in this Act shall be construed to require the Board to disclose information or records under section 552 of title 5, United States Code. 13. Amendments to orders The provisions of this Act applicable to the order shall be applicable to any amendment to the order, except that section 8 shall not apply to an amendment. 14. Effect on other laws This Act shall not affect or preempt any other Federal or State law authorizing research, education, and promotion relating to concrete masonry products. 15. Regulations The Secretary may issue such regulations as may be necessary to carry out this Act and the power vested in the Secretary under this Act. 16. Limitation on expenditures for administrative expenses Funds appropriated to carry out this Act may not be used for the payment of the expenses or expenditures of the Board in administering the order. December 8, 2014 Reported with an amendment | Concrete Masonry Products Research, Education, and Promotion Act of 2013 |
Dollar-for-Dollar Deficit Reduction Act - Requires the Secretary of the Treasury, in the event of a near breach of the current $14.294 trillion public debt limit, to issue a debt limit warning to the Senate Committee on Finance and the House Committee on Ways and Means that includes a determination as to when extraordinary measures may be necessary in order to prolong the funding of the federal government in the absence of a debt limit increase. Requires any formal presidential request to increase the public debt limit to include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Prohibits net interest savings from being counted towards the spending reductions. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless it contains such net spending reductions. Prohibits Congress from voting on any measure that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office (CBO) has been publicly available on the CBO website for at least 24 hours. Permits waiver or suspension of this prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate. | 114 S333 IS: Dollar-for-Dollar Deficit Reduction 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. 333 IN THE SENATE OF THE UNITED STATES February 2, 2015 Mr. Portman Ms. Ayotte Mr. Barrasso Mr. Boozman Mrs. Capito Mr. Crapo Mr. Grassley Mr. Isakson Mr. Johnson Mr. Lee Mr. Rubio Mr. Vitter Committee on the Budget A BILL To require that any debt limit increase be balanced by equal spending cuts over the next decade. 1. Short title This Act may be cited as the Dollar-for-Dollar Deficit Reduction Act 2. Amendment to title 31 (a) In general Subchapter I of chapter 31 section 3101A 3101B. Debt limit control (a) Declaration of a debt limit warning (1) In general In the event of a near breach of the public debt limit established by section 3101, the Secretary of the Treasury shall issue a debt limit warning to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that shall include a determination as to when extraordinary measures may be necessary in order to prolong the funding of the United States Government. (2) Definitions In this subsection: (A) Extraordinary measures The term extraordinary measures (B) Near breach The term near breach (b) Presidential submission of debt limit legislation (1) Savings recommendations from the President Any formal Presidential request to increase the debt limit under this section shall include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Net interest savings may not be counted towards spending reductions required by this paragraph. (2) Calculation The spending savings under paragraph (1) shall be calculated against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation. . (b) Subchapter analysis The table of sections for chapter 31 3101B. Debt limit control. . 3. Congressional requirement to restrain spending while raising the debt limit (a) In general Title III of the Congress and Budget Act of 1974 is amended by inserting at the end the following: 316. Debt limit increase point of order (a) In general (1) Point of order Except as provided in subsection (b), it shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless the bill contains net spending reductions of an equal or greater amount over the sum of the current and next 10 fiscal years. Net interest savings may not be counted towards spending reductions required by this paragraph. (2) Components of net spending reduction (A) Calculation The savings resulting from the proposed spending reductions under paragraph (1) shall be calculated by the Congressional Budget Office against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation. (B) Availability The Senate and the House of Representatives may not vote on any bill, joint resolution, amendment, motion, or conference report that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office has been publicly available on the Web site of the Congressional Budget Office for at least 24 hours. (C) Prohibit timing shifts Any provision that shifts outlays or revenues from within the 10-year window to outside the window shall not count towards the budget savings target for purposes of this subsection. (b) Senate supermajority waiver and appeal (1) Waiver In the Senate, subsection (a)(1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeal An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a)(1). . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after section 315 the following new item: Sec. 316. Debt limit increase point of order. . | Dollar-for-Dollar Deficit Reduction Act |
Nepal Trade Preferences Act - Authorizes the President to give preferential treatment to certain articles imported directly from Nepal into the U.S. customs territory if that country meets certain requirements under the African Growth and Opportunity Act, including a market-based economy and the rule of law, the protection of human rights and internationally-recognized worker rights, elimination of trade barriers to the United States, and non-engagement in activities that undermine U.S. national security or foreign policy interests or support acts of international terrorism. Requires Nepal also to meet certain eligibility criteria for designation as a beneficiary developing country under the Trade Act of 1974. Authorizes certain import-sensitive articles (watches, electronic articles, steel articles, footwear and certain other apparel, and glass products) imported directly from Nepal to enter the U.S. customs territory duty-free if: (1) the article is the growth, product, or manufacture of Nepal; (2) the President determines, after receiving advice from the U.S. International Trade Commission (USITC), that the article is not import-sensitive; and (3) the sum of the cost or value of the materials produced in, and the manufacturing costs performed in, Nepal or the U.S. customs territory is at least 35% of the appraised value of the article at the time it is entered. Limits to 15% of the appraised value of the article at the time it is entered the cost or value of the materials produced in, and the manufacturing costs performed in, the U.S. customs territory, and attributed to the 35% requirement. Grants duty-free treatment to certain textile or apparel articles: (1) wholly assembled in Nepal, without regard to the country of origin of the yarn or fabric used to make them; and (2) imported directly from Nepal into the U.S. customs territory. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Terminates the extension of preferential treatment to Nepal after December 31, 2023. | 114 S81 IS: Nepal Trade Preferences Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 81 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mrs. Feinstein Committee on Finance A BILL To authorize preferential treatment for certain imports from Nepal, and for other purposes. 1. Short title This Act may be cited as the Nepal Trade Preferences Act 2. Eligibility requirements (a) In general The President may authorize the provision of preferential treatment under this Act to articles that are imported directly from Nepal into the customs territory of the United States pursuant to section 3 if the President determines— (1) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) (2) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 19 U.S.C. 2462 (b) Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 19 U.S.C. 2461 et seq. 3. Eligible articles (a) Certain manufactured and other articles (1) In general An article described in paragraph (2) may enter the customs territory of the United States free of duty. (2) Articles described (A) In general An article is described in this paragraph if— (i) the article is the growth, product, or manufacture of Nepal; (ii) the article is imported directly from Nepal into the customs territory of the United States; (iii) the article is described in subparagraphs (B) through (G) of subsection (b)(1) of section 503 of the Trade Act of 1974 19 U.S.C. 2463 (iv) the President determines, after receiving the advice of the United States International Trade Commission in accordance with subsection (e) of that section, that the article is not import-sensitive in the context of imports from Nepal; and (v) subject to subparagraph (C), the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Nepal or the customs territory of the United States is not less than 35 percent of the appraised value of the article at the time it is entered. (B) Exclusions An article shall not be treated as the growth, product, or manufacture of Nepal for purposes of subparagraph (A)(i) by virtue of having merely undergone— (i) simple combining or packaging operations; or (ii) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (C) Limitation on United States cost For purposes of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations performed in, the customs territory of the United States and attributed to the 35-percent requirement under that subparagraph may not exceed 15 percent of the appraised value of the article at the time it is entered. (b) Textile and apparel articles (1) In general A textile or apparel article described in paragraph (2) or (3) may enter the customs territory of the United States free of duty. (2) Textile and apparel articles wholly assembled in Nepal (A) In general A textile or apparel article is described in this paragraph if the textile or apparel article is— (i) wholly assembled in Nepal, without regard to the country of origin of the yarn or fabric used to make the articles; and (ii) imported directly from Nepal into the customs territory of the United States. (B) Limitations (i) Low volume of imports If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from Nepal are less than 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year, such imports from Nepal may be increased to an amount that is equal to not more than 1.5 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year for the succeeding calendar year. (ii) Higher volume of imports If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from Nepal are at least 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year, such imports from Nepal may be increased by an amount that is equal to not more than 1/3 (iii) Aggregate country limit In no case may the aggregate quantity of textile and apparel articles described in subparagraph (A) imported into the customs territory of the United States from Nepal during a calendar year under this subsection exceed the applicable percentage set forth in paragraph (4)(B) for that calendar year. (3) Handloomed, handmade, folklore articles and ethnic printed fabrics (A) In general A textile or apparel article is described in this paragraph if the textile or apparel article is— (i) imported directly from Nepal into the customs territory of the United States; (ii) on a list of textile and apparel articles determined by the President, after consultation with the Government of Nepal, to be handloomed, handmade, folklore articles or ethnic printed fabrics of Nepal; and (iii) certified as a handloomed, handmade, folklore article or an ethnic printed fabric of Nepal by the competent authority of Nepal. (B) Ethnic printed fabric For purposes of subparagraph (A), an ethnic printed fabric of Nepal is fabric— (i) containing a selvedge on both edges and having a width of less than 50 inches; (ii) classifiable under subheading 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States; (iii) of a type that contains designs, symbols, and other characteristics of Nepal— (I) normally produced for and sold in indigenous markets in Nepal; and (II) normally sold in Nepal by the piece as opposed to being tailored into garments before being sold in indigenous markets in Nepal; (iv) printed, including waxed, in Nepal; and (v) formed in the United States from yarns formed in the United States or formed in Nepal from yarns originating in either the United States or Nepal. (4) Limitations on benefits (A) In general Preferential treatment under this subsection shall be extended in the 1-year period beginning January 1, 2016, and in each of the succeeding 10 1-year periods, to imports of textile and apparel articles from Nepal under this subsection in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States in the most recent 12-month period for which data are available. (B) Applicable percentage For purposes of this paragraph, the term applicable percentage (5) Surge mechanism The provisions of subparagraph (B) of section 112(b)(3) of the African Growth and Opportunity Act ( 19 U.S.C. 3721(b)(3) (6) Special eligibility rules; protections against transshipment The provisions of subsection (e) of section 112 and section 113 of the African Growth and Opportunity Act (19 U.S.C. 3721 and 3722) shall apply to textile and apparel articles imported from Nepal to which preferential treatment is extended under this subsection to the same extent and in the same manner that such provisions apply to textile and apparel articles imported from beneficiary sub-Saharan countries to which preferential treatment is extended under such section 112. 4. Reporting requirement The President shall monitor, review, and report to Congress, not later than one year after the date of the enactment of this Act, and annually thereafter, on the implementation of this Act and on the trade and investment policy of the United States with respect to Nepal. 5. Termination of preferential treatment No preferential treatment extended under this Act shall remain in effect after December 31, 2025. 6. Effective date The provisions of this Act shall take effect on January 1, 2016. | Nepal Trade Preferences Act |
Family Self-Sufficiency Act - Amends the United States Housing Act of 1937 to revise the purpose of the Family-Self-Sufficiency (FSS) program to include the use of both low-income housing assistance under Section 8 of such Act (as in current law) and public housing capital and operating funds under Section 9 in order to enable eligible families to achieve economic independence and self-sufficiency. Eliminates the budget allocation reserved for public housing agency (PHA) incentive awards. Prescribes and/or revises eligibility requirements for families to participate in local FSS programs and for the eligible entities to administer them. Makes the owner or sponsor of a multifamily property receiving rental assistance under Section 8, as well as a PHA, an eligible entity for administering a local FSS program. Revises the scope of supportive services provided through a local FSS program under a contract of participation between an eligible entity and a leaseholder receiving assistance under Sections 8 or 9 to include: (1) education for attainment of a GED, (2) education in pursuit of a post-secondary degree or certification, (3) health and mental health services as needed, (4) homeownership education and assistance, and (5) financial literacy. Removes training in homemaking and parenting skills from the list of authorized supportive services. Revises requirements for and limitations on rent increases. Requires an eligible entity to place in an interest-bearing escrow account, for each participating family, an amount equal to any increase in rent the family pays. Requires payment of the escrow account funds to the family after the end of the contract of participation, unless the family fails to qualify to receive it. Modifies requirements for the establishment of fees for costs incurred by eligible entities administering FSS programs. Authorizes owners of privately-owned properties, under specified conditions, voluntarily to make local FSS programs available to their tenants by entering into cooperative agreements with local PHAs administering FSS programs. | 115 S1344 IS: Family Self-Sufficiency Act U.S. Senate 2017-06-13 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 115th CONGRESS 1st Session S. 1344 IN THE SENATE OF THE UNITED STATES June 13, 2017 Mr. Blunt Mr. Reed Mr. Scott Mr. Menendez Committee on Banking, Housing, and Urban Affairs A BILL To promote the development of local strategies to coordinate use of assistance under sections 8 and 9 of the United States Housing Act of 1937 with public and private resources, to enable eligible families to achieve economic independence and self-sufficiency, and for other purposes. 1. Short title This Act may be cited as the Family Self-Sufficiency Act 2. Family Self-Sufficiency Program (a) In general Section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u (1) in subsection (a)— (A) by striking public housing and (B) by striking the certificate and voucher programs under section 8 sections 8 and 9 (2) by amending subsection (b) to read as follows: (b) Continuation of prior required programs (1) In general Each public housing agency that was required to administer a local Family Self-Sufficiency program on the date of enactment of the Family Self-Sufficiency Act (2) Reduction The number of families for which a public housing agency is required to operate such local program under paragraph (1) shall be decreased by one for each family from any supported rental housing program administered by such agency that, after October 21, 1998, fulfills its obligations under the contract of participation. (3) Exception The Secretary shall not require a public housing agency to carry out a mandatory program for a period of time upon the request of the public housing agency and upon a determination by the Secretary that implementation is not feasible because of local circumstances, which may include— (A) lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 (B) lack of funding for reasonable administrative costs; (C) lack of cooperation by other units of State or local government; or (D) any other circumstances that the Secretary may consider appropriate. ; (3) by striking subsection (i); (4) by redesignating subsections (c), (d), (e), (f), (g), and (h) as subsections (d), (e), (f), (g), (h), and (i) respectively; (5) by inserting after subsection (b), as amended, the following: (c) Eligibility (1) Eligible families A family is eligible to participate in a local Family Self-Sufficiency program under this section if— (A) at least 1 household member seeks to become and remain employed in suitable employment or to increase earnings; and (B) the household member receives direct assistance under section 8 or resides in a unit assisted under section 8 or 9. (2) Eligible entities The following entities are eligible to administer a local Family Self-Sufficiency program under this section: (A) A public housing agency administering housing assistance to or on behalf of an eligible family under section 8 or 9. (B) The owner or sponsor of a multifamily property receiving project-based rental assistance under section 8, in accordance with the requirements under subsection (l). ; (6) in subsection (d), as so redesignated— (A) in paragraph (1)— (i) by striking public housing agency eligible entity (ii) in the first sentence, by striking each leaseholder receiving assistance under the certificate and voucher programs of the public housing agency under section 8 or residing in public housing administered by the agency a household member of an eligible family (iii) by striking the third sentence and inserting the following: Housing assistance may not be terminated as a consequence of either successful completion of the contract of participation or failure to complete such contract. A contract of participation shall remain in effect until the participating family exits the Family Self-Sufficiency program upon successful graduation or expiration of the contract of participation, or for other good cause. (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) in the first sentence— (aa) by striking A local program under this section An eligible entity (bb) by striking provide coordinate (cc) by striking to for (II) in the second sentence— (aa) by striking provided during coordinated for (bb) by striking under section 8 or residing in public housing pursuant to section 8 or 9 and for the duration of the contract of participation (cc) by inserting , but are not limited to may include (ii) in subparagraph (D), by inserting or attainment of a high school equivalency certificate high school (iii) by striking subparagraph (G); (iv) by redesignating subparagraphs (E), (F), and (J) as subparagraphs (F), (G), and (K) respectively; (v) by inserting after subparagraph (D) the following: (E) education in pursuit of a post-secondary degree or certification; ; (vi) in subparagraph (H), by inserting financial literacy, such as training in financial management, financial coaching, and asset building, and training in (vii) in subparagraph (I), by striking and (viii) by inserting after subparagraph (I) the following: (J) homeownership education and assistance; and ; and (C) in paragraph (3)— (i) in the first sentence, by inserting the first recertification of income after not later than 5 years after (ii) in the second sentence— (I) by striking public housing agency eligible entity (II) by striking of the agency (D) by amending paragraph (4) to read as follows: (4) Employment The contract of participation shall require 1 household member of the participating family to seek and maintain suitable employment. ; and (E) by adding at the end the following: (5) Nonparticipation Assistance under section 8 or 9 for a family that elects not to participate in a Family Self-Sufficiency program shall not be delayed by reason of such election. ; (7) in subsection (e), as so redesignated— (A) in paragraph (1), by striking whose monthly adjusted income does not exceed 50 percent shall be calculated under the rental provisions of section 3 or section 8(o), as applicable. (B) in paragraph (2)— (i) by striking the first sentence and inserting the following: For each participating family, an amount equal to any increase in the amount of rent paid by the family in accordance with the provisions of section 3 or 8(o), as applicable, that is attributable to increases in earned income by the participating family, shall be placed in an interest-bearing escrow account established by the eligible entity on behalf of the participating family. Notwithstanding any other provision of law, an eligible entity may use funds it controls under section 8 or 9 for purposes of making the escrow deposit for participating families assisted under, or residing in units assisted under, section 8 or 9, respectively, provided such funds are offset by the increase in the amount of rent paid by the participating family. (ii) by striking the second sentence and inserting the following: All Family Self-Sufficiency programs administered under this section shall include an escrow account. (iii) in the fourth sentence, by striking subsection (c) subsection (d) (iv) in the last sentence— (I) by striking A public housing agency An eligible entity (II) by striking the public housing agency such eligible entity (C) by amending paragraph (3) to read as follows: (3) Forfeited escrow Any amount placed in an escrow account established by an eligible entity for a participating family as required under paragraph (2), that exists after the end of a contract of participation by a household member of a participating family that does not qualify to receive the escrow, shall be used by the eligible entity for the benefit of participating families in good standing. ; (8) in subsection (f), as so redesignated, by striking , unless the income of the family equals or exceeds 80 percent of the median income of the area (as determined by the Secretary with adjustments for smaller and larger families) (9) in subsection (g), as so redesignated— (A) in paragraph (1)— (i) by striking public housing agency eligible entity (ii) by striking the public housing agency such eligible entity (iii) by striking subsection (g) subsection (h) (B) in paragraph (2)— (i) by striking public housing agency eligible entity (ii) by striking or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act (iii) by inserting primary, secondary, and post-secondary public and private (iv) in the second sentence, by inserting and tenants served by the program the unit of general local government (10) in subsection (h), as so redesignated— (A) in paragraph (1)— (i) by striking public housing agency eligible entity (ii) by striking participating in the carrying out a (iii) by striking to the Secretary (B) in paragraph (2)— (i) by striking public housing agency eligible entity (ii) by striking subsection (f) subsection (g) (iii) by striking residents of the public housing the current and prospective participants of the program (iv) by striking or the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act (C) in paragraph (3)— (i) in subparagraph (C)— (I) by striking subsection (c)(2) subsection (d)(2) (II) by striking provided to coordinated on behalf of participating (III) by inserting direct assistance (IV) by striking the section 8 and public housing programs sections 8 and 9 (ii) in subparagraph (D)— (I) by striking subsection (d) subsection (e) (II) by striking public housing agency eligible entity (iii) in subparagraph (E), by striking deliver coordinate (iv) in subparagraph (H), by striking the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act and (v) in subparagraph (I), by striking public housing or section 8 assistance assistance under section 8 or 9 (11) by amending subsection (i), as so redesignated, to read as follows: (i) Family Self-Sufficiency Awards (1) In general Subject to appropriations, the Secretary shall establish a formula by which annual funds will be awarded or as otherwise determined by the Secretary for the costs incurred by an eligible entity in administering the self-sufficiency program under this section. (2) Eligibility for awards The award established under paragraph (1) shall provide funding for family self-sufficiency coordinators as follows: (A) Base award An eligible entity serving 25 or more participants in the Family Self-Sufficiency program under this section is eligible to receive an award equal to the costs, as determined by the Secretary, of 1 full-time family self-sufficiency coordinator position. The Secretary may, by regulation or notice, determine the policy concerning the award for an eligible entity serving fewer than 25 such participants, including providing prorated awards or allowing such entities to combine their programs under this section for purposes of employing a coordinator. (B) Additional award An eligible entity that meets performance standards set by the Secretary is eligible to receive an additional award sufficient to cover the costs of filling an additional family self-sufficiency coordinator position if such entity has 75 or more participating families, and an additional coordinator for each additional 50 participating families, or such other ratio as may be established by the Secretary based on the award allocation evaluation under subparagraph (E). (C) State and regional agencies For purposes of calculating the award under this paragraph, each administratively distinct part of a State or regional eligible entity may be treated as a separate agency. (D) Determination of number of coordinators In determining whether an eligible entity meets a specific threshold for funding pursuant to this paragraph, the Secretary shall consider the number of participants enrolled by the eligible entity in its Family Self-Sufficiency program as well as other criteria determined by the Secretary. (E) Award allocation evaluation The Secretary shall submit to Congress a report evaluating the award allocation under this subsection, and make recommendations based on this evaluation and other related findings to modify such allocation, within 4 years after the date of enactment of the Family Self-Sufficiency Act (3) Renewals and allocation (A) In general Funds allocated by the Secretary under this subsection shall be allocated in the following order of priority: (i) First priority Renewal of the full cost of all coordinators in the previous year at each eligible entity with an existing Family Self-Sufficiency program that meets applicable performance standards set by the Secretary. (ii) Second priority New or incremental coordinator funding authorized under this section. (B) Guidance If the first priority, as described in subparagraph (A)(i), cannot be fully satisfied, the Secretary may prorate the funding for each eligible entity, as long as— (i) each eligible entity that has received funding for at least 1 part-time coordinator in the prior fiscal year is provided sufficient funding for at least 1 part-time coordinator as part of any such proration; and (ii) each eligible entity that has received funding for at least 1 full-time coordinator in the prior fiscal year is provided sufficient funding for at least 1 full-time coordinator as part of any such proration. (4) Recapture or offset Any awards allocated under this subsection by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year or such other time period as determined by the Secretary may be recaptured by the Secretary and shall be available for providing additional awards pursuant to paragraph (2)(B), or may be offset as determined by the Secretary. Funds appropriated pursuant to this section shall remain available for 3 years in order to facilitate the re-use of any recaptured funds for this purpose. (5) Performance reporting Programs under this section shall be required to report the number of families enrolled and graduated, the number of established escrow accounts and positive escrow balances, and any other information that the Secretary may require. Program performance shall be reviewed periodically as determined by the Secretary. (6) Incentives for innovation and high performance The Secretary may reserve up to 5 percent of the amounts made available under this subsection to provide support to or reward Family Self-Sufficiency programs based on the rate of successful completion, increased earned income, or other factors as may be established by the Secretary. ; (12) in subsection (j)— (A) by striking public housing agency eligible entity (B) by striking public housing units (C) by striking in public housing projects administered by the agency (D) by inserting or coordination provision (E) by striking the last sentence; (13) in subsection (k), by striking public housing agencies eligible entities (14) by striking subsection (n); (15) by striking subsection (o); (16) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; (17) by inserting after subsection (k) the following: (l) Programs for tenants in privately owned properties with project-Based assistance (1) Voluntary availability of FSS program The owner of a privately owned property may voluntarily make a Family Self-Sufficiency program available to the tenants of such property in accordance with procedures established by the Secretary. Such procedures shall permit the owner to enter into a cooperative agreement with a local public housing agency that administers a Family Self-Sufficiency program or, at the owner's option, operate a Family Self-Sufficiency program on its own or in partnership with another owner. An owner, who voluntarily makes a Family Self-Sufficiency program available pursuant to this subsection, may access funding from any residual receipt accounts for the property to hire a family self-sufficiency coordinator or coordinators for their program. (2) Cooperative agreement Any cooperative agreement entered into pursuant to paragraph (1) shall require the public housing agency to open its Family Self-Sufficiency program waiting list to any eligible family residing in the owner’s property who resides in a unit assisted under project-based rental assistance. (3) Treatment of families assisted under this subsection A public housing agency that enters into a cooperative agreement pursuant to paragraph (1) may count any family participating in its Family Self-Sufficiency program as a result of such agreement as part of the calculation of the award under subsection (i). (4) Escrow (A) Cooperative agreement A cooperative agreement entered into pursuant to paragraph (1) shall provide for the calculation and tracking of the escrow for participating residents and for the owner to make available, upon request of the public housing agency, escrow for participating residents, in accordance with paragraphs (2) and (3) of subsection (e), residing in units assisted under section 8. (B) Calculation and tracking by owner The owner of a privately owned property who voluntarily makes a Family Self-Sufficiency program available pursuant to paragraph (1) shall calculate and track the escrow for participating residents and make escrow for participating residents available in accordance with paragraphs (2) and (3) of subsection (e). (5) Exception This subsection shall not apply to properties assisted under section 8(o)(13). (6) Suspension of enrollment In any year, the Secretary may suspend the enrollment of new families in Family Self-Sufficiency programs under this subsection based on a determination that insufficient funding is available for this purpose. ; (18) in subsection (m), as so redesignated— (A) in paragraph (1)— (i) in the first sentence, by striking Each public housing agency Each eligible entity (ii) in the second sentence, by striking The report shall include The contents of the report shall include (iii) in subparagraph (D)— (I) by striking public housing agency eligible entity (II) by striking local (B) in paragraph (2), by inserting and describing any additional research needs of the Secretary to evaluate the effectiveness of the program under paragraph (1) (19) in subsection (n), as so redesignated, by striking may shall (20) by adding at the end the following: (o) Definitions In this section: (1) Eligible entity The term eligible entity (2) Eligible family The term eligible family (3) Participating family The term participating family . (b) Effective date Not later than 360 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall issue notice or regulations to implement this Act and any amendments made by this Act, and this Act and any amendments made by this Act shall take effect upon such issuance. 3. Authorization of appropriations There are authorized to be appropriated to carry out the amendments made by this Act $100,000,000 for each of fiscal years 2018 through 2022. | Family Self-Sufficiency Act |
Alice Paul Women's Suffrage Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the posthumous presentation of a congressional gold medal in commemoration of Alice Paul (founder of the National Woman's Party), to recognize her role in the women's suffrage movement and in advancing equal rights for women. | 114 S1980 IS: Alice Paul Congressional Gold Medal Act U.S. Senate 2015-08-05 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. 1980 IN THE SENATE OF THE UNITED STATES August 5, 2015 Mr. Menendez Mrs. Boxer Ms. Mikulski Ms. Klobuchar Mr. Franken Mrs. Feinstein Mrs. Gillibrand Mr. Booker Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a Congressional gold medal to Alice Paul, in recognition of her role in the women’s suffrage movement and in advancing equal rights for women. 1. Short title This Act may be cited as the Alice Paul Congressional Gold Medal Act 2. Findings The Congress finds as follows: (1) Alice Paul was born on January, 11, 1885, in Mount Laurel, New Jersey, and died on July 9, 1977. (2) Alice Paul dedicated her life to securing suffrage and equal rights for all women and, as founder of the National Woman’s Party, she was instrumental in the passage of the 19th Amendment to the United States Constitution. (3) Alice Paul and the National Woman’s Party were the first group ever to picket the White House. (4) While President Woodrow Wilson trumpeted America’s values of democracy abroad during World War I, Alice Paul was dedicated to reminding the President that not all Americans enjoyed democracy at home. (5) Alice Paul used nonviolent civil disobedience to bring national attention to the women’s suffrage movement, such as the hunger strike she undertook when she was sentenced to jail in October 1917, for her demonstrations. (6) Alice Paul’s courage inspired thousands of women to join the women’s suffrage movement. (7) Instead of patiently waiting for States to grant women suffrage, Alice Paul mobilized an entire generation of women to pressure the United States Congress and the President to give all women in America the right to vote. (8) Alice Paul did not stop her fight after the 19th Amendment was ratified. She drafted the Equal Rights Amendment to the United States Constitution in 1923 and fought tirelessly for its passage until her death 54 years later. (9) Alice Paul lobbied Congress to include gender in civil rights bills and was successful in including sex discrimination in title VII of the Civil Rights Act of 1964. (10) Alice Paul sought equal rights for women all over the world, not just Americans and, as a means of pursuing this goal, founded the World Party for Equal Rights for Women in the 1930s. (11) Alice Paul was instrumental in the placement of a passage on gender equality in the preamble of the United Nations Charter. (12) Few people have played a greater role in shaping the history of the United States than Alice Paul. (13) Alice Paul is an example to all Americans of what one person can do to make a difference for millions of people. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Alice Paul, in recognition of her role in the women’s suffrage movement and in advancing equal rights for women. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | Alice Paul Congressional Gold Medal Act |
Driver Fatigue Prevention Act - Amends the Fair Labor Standards Act of 1938 to apply its maximum hours requirements to over-the-road bus drivers. | 114 S2322 IS: Driver Fatigue Prevention Act U.S. Senate 2015-11-19 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 114th CONGRESS 1st Session S. 2322 IN THE SENATE OF THE UNITED STATES November 19, 2015 Mr. Schumer Mr. Franken Mrs. Gillibrand Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to provide that over-the-road bus drivers are covered under the maximum hours requirements. 1. Short title This Act may be cited as the Driver Fatigue Prevention Act 2. Amendment to the Fair Labor Standards Act of 1938 Section 13(b)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(b)(1) , except a driver of an over-the-road bus Public Law 105–178 49 U.S.C. 5310 | Driver Fatigue Prevention Act |
Brownfields Utilization, Investment, and Local Development Act of 2013 or the BUILD Act - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to include among entities eligible for brownfields revitalization funding: (1) tax-exempt charitable organizations, (2) limited liability corporations in which all managing members or the sole members are tax-exempt charitable organizations, (3) limited partnerships in which all general partners are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, or (4) qualified community development entities. (Sec. 3) Requires the Environmental Protection Agency (EPA) to establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 4) Revises the brownfield site characterization and assessment grant program to permit a governmental entity to receive a grant for property acquired prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser under CERCLA if the entity has not caused or contributed to a release or threatened release of a hazardous substance at the property. (Sec. 5) Increases the maximum amount the President may provide in grants and loans for brownfield remediation. (Sec. 6) Allows grant or loan recipients to use up to 8% of brownfields revitalization funding for administrative costs, excluding costs for investigating and identifying the extent of the contamination, designing and performing a response action, or monitoring a natural resource. (Sec. 7) Directs the EPA to give priority to small communities, Indian tribes, rural areas, and disadvantaged areas when providing grants for technical assistance, research, and training. (Sec. 8) Requires the EPA, in providing grants for brownfields revitalization, to give consideration to waterfront brownfield sites. (Sec. 9) Requires the EPA to establish a program to provide grants to locate clean energy projects at brownfield sites. (Sec. 10) Authorizes the Administrator to provide up to $2 million each fiscal year to provide grants for state response programs. (Sec. 11) Extends the authorizations of brownfields revitalization and state response programs through FY2016. | 113 S491 RS: Brownfields Utilization, Investment, and Local Development Act of 2013 U.S. Senate 2013-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 416 113th CONGRESS 2d Session S. 491 [Report No. 113–186] IN THE SENATE OF THE UNITED STATES March 7, 2013 Mr. Lautenberg Mr. Inhofe Mr. Udall of New Mexico Mr. Crapo Ms. Hirono Mr. Merkley Mr. Brown Mr. Schatz Mr. Whitehouse Mrs. Gillibrand Mr. Levin Committee on Environment and Public Works June 5, 2014 Reported by Mrs. Boxer Omit the part struck through and insert the part printed in italic A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants, and for other purposes. 1. Short title This Act may be cited as the Brownfields Utilization, Investment, and Local Development Act of 2013 BUILD Act 2. Expanded eligibility for nonprofit organizations Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended— (1) in subparagraph (G), by striking or (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (I) an organization described in section 501(c)(3) (J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); (K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or (L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986). . 3. Multipurpose brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9604(k) (1) by redesignating paragraphs (4) through (9) and (10) through (12) as paragraphs (5) through (10) and (13) through (15), respectively; (2) in paragraph (3)(A), by striking subject to paragraphs (4) and (5) subject to paragraphs (5) and (6) (3) by inserting after paragraph (3) the following: (4) Multipurpose brownfields grants (A) In general Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. (B) Grant amounts (i) Individual grant amounts Each grant awarded under this paragraph shall not exceed $950,000. (ii) Cumulative grant amounts The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. (C) Criteria In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able— (i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; (ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and (iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. (D) Condition As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension. . 4. Treatment of certain publicly owned brownfield sites Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: (C) Exemption for certain publicly owned brownfield sites Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)) , so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property . 5. Increased funding for remediation grants Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A)(ii) $200,000 for each site to be remediated $500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site 6. Allowing administrative costs for grant recipients Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9604(k) (1) in subparagraph (B)— (A) in clause (i)— (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking Notwithstanding clause (i)(IV) Notwithstanding clause (i)(III) (2) by adding at the end the following: (E) Administrative costs (i) In general An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. (ii) Restriction For purposes of clause (i), the term administrative costs (I) investigation and identification of the extent of contamination; (II) design and performance of a response action; or (III) monitoring of a natural resource. . 7. Small community technical assistance grants Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (1) by striking The Administrator (i) In general The Administrator ; and (2) by inserting after clause (i) (as added by paragraph (1)) the following: (ii) Small community recipients In carrying out the program under clause (i), the Administrator shall give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 individuals, as determined by the latest available decennial census. . (1) by striking The Administrator may provide, (i) Definitions In this subparagraph: (I) Disadvantaged area The term disadvantaged area (II) Small community The term small community (ii) Establishment of program The Administrator shall establish a program to provide grants that provide, ; and (2) by adding at the end the following: (iii) Small or disadvantaged community recipients (I) In general Subject to subclause (II), in carrying out the program under clause (ii), the Administrator shall use not more than $600,000 of the amounts made available to carry out this paragraph to provide grants to States that receive amounts under section 128(a) to assist small communities, Indian tribes, rural areas, or disadvantaged areas in achieving the purposes described in clause (ii). (II) Limitation Each grant awarded under subclause (I) shall be not more than $7,500. . 8. Waterfront brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9604(k) (11) Waterfront brownfield sites (A) Definition of waterfront brownfield site In this paragraph, the term waterfront brownfield site (B) Requirements In providing grants under this subsection, the Administrator shall— (i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site; and (ii) give consideration to waterfront brownfield sites. . 9. Clean energy brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9604(k) (12) Clean energy projects at brownfield sites (A) Definition of clean energy project In this paragraph, the term clean energy project (i) a facility that generates renewable electricity from wind, solar, or geothermal energy; and (ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy. (B) Establishment The Administrator shall establish a program to provide grants— (i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and (ii) to capitalize a revolving loan fund for the purposes described in clause (i). (C) Maximum amount A grant under this paragraph shall not exceed $500,000. . 10. Targeted funding for States Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended (C) Targeted funding Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a). . 11. Authorization of appropriations (a) Brownfields revitalization funding Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) 2006 2016 (b) State response programs Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a)(3) 2006 2016 June 5, 2014 Reported with amendments | Brownfields Utilization, Investment, and Local Development Act of 2013 |
Farmers Undertake Environmental Land Stewardship Act or the FUELS Act - Requires the Administrator of the Environmental Protection Agency (EPA), in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, to require certification of compliance with such rule by: (1) a professional engineer for a farm with an individual tank with an aboveground storage capacity greater than 10,000 gallons, an aggregate aboveground storage capacity of at least 42,000 gallons, or a reportable oil discharge history; or (2) the owner or operator of the farm (via self-certification) for a farm with an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons and no reportable oil discharge history of oil. Directs the Administrator to exempt from all requirements of such rule any farm with an aggregate aboveground storage capacity of 10,000 gallons or less and no reportable oil discharge history. Excludes from the aggregate storage capacity of a farm all containers on separate parcels that have a capacity of less than 1,320 gallons. | 115 S1207 IS: FUELS Act U.S. Senate 2017-05-23 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 115th CONGRESS 1st Session S. 1207 IN THE SENATE OF THE UNITED STATES May 23, 2017 Mrs. Fischer Mr. Risch Mr. Boozman Mr. Wicker Mrs. Ernst Mr. Moran Mr. Sasse Mr. Hoeven Mr. Roberts Committee on Environment and Public Works A BILL To amend the Water Resources Reform and Development Act of 2014 with respect to the application of the Spill Prevention, Control, and Countermeasure rule to certain farms, and for other purposes. 1. Short title This Act may be cited as the Farmers Undertake Environmental Land Stewardship Act FUELS Act 2. Applicability of spill prevention, control, and countermeasure rule Section 1049 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 1361 (1) in subsection (b)— (A) in paragraph (1)(B), by striking 20,000 42,000 (B) in paragraph (2), by striking subparagraph (A) and inserting the following: (A) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and ; (C) in paragraph (3)— (i) by striking subparagraph (A) and inserting the following: (A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and ; and (ii) in subparagraph (B), by striking ; and (D) by striking paragraph (4); (2) in subsection (c)(2)(A)— (A) in clause (i), by striking 1,000 1,320 (B) in clause (ii), by striking 2,500 3,000 (3) by striking subsection (d). | FUELS Act |
Patient Choice Restoration Act - Repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Restores provisions of law amended by such Acts. | 114 S77 IS: Patient Choice Restoration Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 77 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Finance A BILL To repeal the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Patient Choice Restoration Act 2. Repeal (a) In general The following Acts, and the amendments made by such Acts, are repealed: (1) The Patient Protection and Affordable Care Act ( Public Law 111–148 (2) The Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 (b) Effect of law The provisions of law amended by the Acts referred to in subsection (a) are restored as if such Acts had never been enacted. | Patient Choice Restoration Act |
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) National Fish and Wildlife Foundation Reauthorization Act of 2013 - Reauthorizes through FY2019 and revises the National Fish and Wildlife Foundation Establishment Act. Increases from 23 to 28 the number of directors appointed by the Secretary of the Interior to the National Fish and Wildlife Foundation's Board of Directors. Makes uniform the experience required of each such appointee. Requires the Foundation to have an Executive Director who is appointed by the Board and is knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, as long as the funds are used for the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use). Authorizes the Foundation to perform functions that the National Park Foundation is authorized to conduct, unless exclusive authority is given to the National Park Foundation. | 113 S51 RS: National Fish and Wildlife Foundation Reauthorization Act of 2013 U.S. Senate 2013-01-22 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 Calendar No. 413 113th CONGRESS 2d Session S. 51 [Report No. 113–183] IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Mrs. Boxer Mr. Vitter Mr. Udall of New Mexico Mr. Tester Mr. Baucus Mr. Whitehouse Mr. Cardin Mr. Roberts Mr. Cochran Ms. Stabenow Ms. Collins Ms. Landrieu Committee on Environment and Public Works June 5, 2014 Reported by Mrs. Boxer A BILL To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. 1. Short title This Act may be cited as the National Fish and Wildlife Foundation Reauthorization Act of 2013 2. Board of directors of the Foundation (a) In general Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) In general After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall— (A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and (B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. ; and (B) by striking paragraph (3) and inserting the following: (3) Terms Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ; and (2) in subsection (g)(2)— (A) in subparagraph (A), by striking (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers (A) In general Officers ; and (B) by striking subparagraph (B) and inserting the following: (B) Executive Director The Foundation shall have an Executive Director who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in matters relating to fish and wildlife conservation. . (b) Conforming amendment Section 4(a)(1)(B) of the North American Wetlands Conservation Act ( 16 U.S.C. 4403(a)(1)(B) Secretary of the Board Executive Director of the Board 3. Rights and obligations of the Foundation Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 (1) in subsection (c)— (A) by striking (c) Powers (c) Powers (1) In general To carry out the purposes described in ; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking that are insured by an agency or instrumentality of the United States at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or (4) subparagraph (C) or (D) (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ; and (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do any and all acts necessary and proper to carry out the purposes of the Foundation. ; and (G) by striking the undesignated matter at the end and inserting the following: (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. ; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. 4. Authorization of appropriations Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. (B) Advances Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. (C) Management fees The Foundation may assess and collect fees for the management of amounts received under this paragraph. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking funds amounts (ii) by striking shall be used may be used (iii) by striking and State and local government agencies , State and local government agencies, and other entities (C) by adding at the end the following: (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— (i) to address an environmental emergency resulting from a natural or other disaster; or (ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year. ; and (3) by adding at the end the following: (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. . 5. Limitation on authority Section 11 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3710 exclusive authority June 5, 2014 Reported without amendment | National Fish and Wildlife Foundation Reauthorization Act of 2013 |
Scofield Land Transfer Act - Directs the Secretary of the Interior to: (1) complete a full physical and title survey of specified federal land concerning the Scofield Dam and Reservoir in Carbon County, Utah, and any other related land in and around Scofield Reservoir Basin; and (2) attempt to notify each person or entity claiming title to, or an interest in, such land (claimant) of the claimant's trespass or encroachment on federal land, including the existence of any trespassing or encroaching structures. Authorizes the Secretary, in order to resolve trespass and encroachment issues and upon a claimant's request, to convey either a fee interest or a life estate to a claimant. Subjects any conveyance to: (1) a claimant paying fair market value for the claimed land, (2) the United States retaining a flood easement over the entire portion of the federal land conveyed, and (3) specified deed restrictions. Establishes the Scofield Reservoir Fund to provide enhanced recreation opportunities at the Scofield Reservoir. Deposits into the Fund any amounts paid by claimants pursuant to this Act. | 114 S14 IS: Scofield Land Transfer Act U.S. Senate 2015-01-06 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. 14 IN THE SENATE OF THE UNITED STATES January 6, 2015 Mr. Hatch Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah. 1. Short title This Act may be cited as the Scofield Land Transfer Act 2. Definitions In this Act: (1) Carbon County The term Carbon County (2) Claimant The term claimant (3) Federal land (A) In general The term Federal land (B) Exclusions The term Federal land (i) any mineral or subsurface rights to the land described in subparagraph (A); or (ii) the 205 acres of land adjoining the Scofield Reservoir, as adjudicated in the case styled United States v. Dunn (557 F.3d 1165 (10th Cir. 2009)). (4) Flood surcharge elevation The term flood surcharge elevation (5) Fund The term Fund (6) Life estate The term life estate (A) if the claimant is a person, an interest of the claimant in the Federal land that will revert to the United States on the date of the death of the claimant; and (B) if the claimant is an entity, an interest in the Federal land of a person designated by the claimant that will revert to the United States on the date of the death of the designated person. (7) Normal water surface elevation The term normal water surface elevation (8) Property boundary elevation The term property boundary elevation (9) Roads The term Roads (A) are located on the Federal land; (B) are intended for public access via motorized vehicle to the Federal land claims of the claimants; and (C) extend to the shoreline of Scofield Reservoir. (10) Secretary The term Secretary (11) Structure (A) In general The term structure (i) a residence; (ii) a shed; (iii) a workshop; (iv) a garage; (v) a carport; (vi) a deck; (vii) a boathouse; or (viii) an incidental building. (B) Inclusion The term structure 3. Conveyance of Scofield project land (a) Survey (1) In general To facilitate the conveyance of the Federal land under this Act, it shall be the responsibility of Carbon County— (A) to enter into an agreement with the Secretary to pay the costs associated with a full physical and title survey of the Federal land in order to delineate the boundaries associated with the Federal land, Federal easements, or other Federal interests in land; and (B) subject to paragraph (2), to initiate and complete a full physical survey of the Roads and the parcels located within the Federal land that are eligible to be conveyed to the claimants, and, in any case in which a land description or record of ownership in any record of Carbon County conflicts with a claim of a claimant with regard to an existing physical feature or facility, propose boundaries and land descriptions to resolve the dispute. (2) Unresolved disputes (A) In general If a claim to a parcel or portion of a parcel of Federal land cannot be resolved in accordance with the applicable land description in the records of Carbon County by the applicable deadline for an election under subsection (d)(6), the claimant shall stipulate to, accept, and submit to the Secretary the land description developed by Carbon County to resolve the dispute in order to meet the election requirement of subsection (d)(6) by not later than 180 days after that deadline. (B) Failure to stipulate and accept If a claimant fails to stipulate to and accept the land description of Carbon County by the date described in subparagraph (A), the authority to convey the affected parcel or portion of a parcel of Federal land pursuant to this section shall be terminated with respect to the disputed claim. (b) Appraisal (1) In general As a condition of the conveyance under this section, Carbon County shall enter into an agreement with the Secretary to pay the costs associated with an appraisal of the fair market value of each property interest requested by a claimant relating to the conveyance by the Secretary under this Act. (2) Determination of fair market value The fair market value of a property interest under paragraph (1) shall be determined by the Secretary in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practices. (c) Notification It shall be the responsibility of Carbon County to notify each claimant of any trespass or encroachment by the applicable claimant on the Federal land, including the existence of any trespassing or encroaching structure of the claimant. (d) Authorization To convey Federal land (1) In general To resolve the issues of trespass and encroachment on the Federal land by the claimants, the Secretary may, in accordance with paragraphs (5) and (6)— (A) on an election by a claimant— (i) subject to paragraph (2), convey to the claimant fee interest in the claimed portion of the Federal land that is located above the normal water surface elevation, as determined by the results of the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act; or (ii) subject to paragraph (3), grant to the claimant a life estate permitting the continued occupation of the claimed portion of the Federal land above the normal water surface elevation, as determined by the results of the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act; or (B) subject to paragraph (4), on an election by Carbon County, convey to Carbon County fee interest in the Roads, as determined by the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act. (2) Conveyance requirements A conveyance under paragraph (1)(A)(i) shall be subject to— (A) the claimant paying to the Secretary the fair market value of the fee interest in the claimed portion of the Federal land, as determined by the Secretary under subsection (b), exclusive of the value of any structures; (B) provisions under which the claimant shall agree to indemnify and hold harmless the United States for all claims by the claimant or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with any structure or chattel of the claimant that may be displaced in a flood event; (C) the United States retaining a flood easement as well as an access easement for purposes of monitoring and enforcing the requirements of subparagraph (D) with respect to the entire portion of Federal land conveyed; and (D) deed restrictions requiring that— (i) to prevent any structure on the portion of the Federal land conveyed from being displaced during a flood event, the claimant shall— (I) secure or tie down all existing structures; and (II) if replacing or rebuilding such a structure, limit the replacement or rebuilding to the number and type of structures in existence on the date of enactment of this Act; and (ii) all activities carried out by the claimant under clause (i) with respect to a structure be carried out in accordance with applicable standards for structures that may be submerged, flooded, or inundated, as contained in— (I) the International Building Code (as adopted by Utah Administrative Code R156–56); or (II) any other building code or engineering standard that is— (aa) similar to the International Building Code; (bb) widely used; and (cc) nationally recognized. (3) Life estate requirements A life estate granted under paragraph (1)(A)(ii) shall be subject to— (A) the claimant paying to the Secretary the fair market value of the life estate on the claimed portion of the Federal land, as determined by the Secretary under subsection (b), but excluding the value of any structures; (B) provisions under which the claimant agrees to indemnify and hold harmless the United States for all claims by the claimant or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with any structure or chattel of the claimant that may be displaced in a flood event; and (C) restrictions equivalent to the deed restrictions described in clauses (i) and (ii) of paragraph (2)(D), as applicable. (4) Conveyance of Roads requirements A conveyance under paragraph (1)(B) shall be subject to— (A) Carbon County paying to the Secretary a sum determined to be acceptable by the Secretary; (B) provisions under which Carbon County shall agree to indemnify and hold harmless the United States for all claims by Carbon County or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with structures or chattel of Carbon County that may be displaced in a flood event; (C) the United States retaining a flood easement as well as an access easement for purposes of monitoring and enforcing the requirements of subparagraph (D) with respect to the entire portion of the Roads conveyed; and (D) restrictions equivalent to the deed restrictions described in clauses (i) and (ii) of paragraph (2)(D), as applicable. (5) Compliance with environmental laws (A) In general Before conveying the Federal land under paragraph (1)(A)(i) or the Roads under paragraph (1)(B) or granting a life estate under paragraph (1)(A)(ii), the Secretary shall comply with all applicable requirements under— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (iii) any other applicable law. (B) Effect Nothing in this Act modifies or alters any obligations under— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) Costs Before the initiation of any conveyance under this Act, Carbon County shall pay to the Secretary an amount equal to the costs associated with achieving environmental compliance under this paragraph. (6) Deadline for election (A) Claimants Not later than 5 years after the date of enactment of this Act, each claimant shall notify the Secretary in writing whether the claimant elects to receive— (i) a fee interest in the claimed portion of the Federal land, in accordance with paragraph (1)(A)(i); or (ii) a life estate in the claimed portion of the Federal land, in accordance with paragraph (1)(A)(ii). (B) Carbon County Not later than 3 years after the date of enactment of this Act, Carbon County shall notify the Secretary in writing whether Carbon County elects to receive a fee interest in the Roads, in accordance with paragraph (1)(B). (7) Failure to notify Secretary or complete transfer (A) Notice of election If a claimant fails to submit to the Secretary a notice of an election in accordance with paragraph (6)(A), any future claim by the claimant with respect to the Federal land shall be terminated. (B) Transfer (i) Claimants If, due to a failure by the claimant to act in furtherance of the transfer of fee interest or life estate under this section, no transfer of the claimed Federal Land has been recorded with the recorder of Carbon County by the date that is 7 years after the date of enactment of this Act, any claim by the claimant with respect to the Federal land shall be terminated. (ii) Carbon County If, due to a failure by Carbon County to act in furtherance of the transfer of fee interest, no transfer of the Roads has been recorded with the recorder of Carbon County by the date that is 5 years after the date of enactment of this Act, the authority of the Secretary to convey the interest in the Roads shall be terminated. (C) Quiet title On extinguishment of a claim under subparagraph (A) or (B), the Secretary shall take such action as is necessary to quiet title to the applicable portion of the Federal land, including removal of persons, entities, structures, and materials encumbering the applicable portion of the Federal land. (8) Payments in lieu of taxes Any Federal land transferred to a claimant in fee under paragraph (1)(A)(i) or to Carbon County under paragraph (1)(B) shall not be included or taken into consideration in the allocation of any payment in lieu of taxes under chapter 69 of title 31, United States Code. (9) Trust fund (A) Establishment There is established in the Treasury of the United States a fund, to be known as the Scofield Reservoir Fund (i) monitoring and enforcing the requirements of paragraphs (2)(C), (3)(C), and (4)(C) regarding maintaining access to, and eliminating encroachment and private exclusive use of, the Federal land surrounding the Scofield Reservoir; and (ii) providing enhanced public recreational opportunities at Scofield Reservoir. (B) Transfers to fund There shall be deposited in the Fund any amounts received as consideration for— (i) a conveyance under subparagraph (A)(i) or (B) of paragraph (1); or (ii) the granting of a life estate under paragraph (1)(A)(ii). | Scofield Land Transfer Act |
(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.) Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones. Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits this Act from being construed to alter any party's rights under existing law. | S517 ENR: Unlocking Consumer Choice and Wireless Competition 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. 517 IN THE SENATE OF THE UNITED STATES AN ACT To promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes. 1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act 2. Repeal of existing rule and additional rulemaking by Librarian of Congress (a) Repeal and replace As of the date of the enactment of this Act, paragraph (3) of section 201.40(b) section 1201(a) (b) Rulemaking The Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall determine, consistent with the requirements set forth under section 1201(a)(1) section 201.40(b)(3) (c) Unlocking at direction of owner Circumvention of a technological measure that restricts wireless telephone handsets or other wireless devices from connecting to a wireless telecommunications network— (1) (A) as authorized by paragraph (3) of section 201.40(b) (B) as may be extended to other wireless devices pursuant to a determination in the rulemaking conducted under subsection (b); or (2) as authorized by an exemption adopted by the Librarian of Congress pursuant to a determination made on or after the date of enactment of this Act under section 1201(a)(1)(C) may be initiated by the owner of any such handset or other device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. (d) Rule of construction (1) In general Except as expressly provided herein, nothing in this Act shall be construed to alter the scope of any party's rights under existing law. (2) Librarian of Congress Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) (e) Definitions In this Act: (1) Commercial mobile data service; commercial mobile radio service The terms commercial mobile data service commercial mobile radio service section 20.3 (2) Wireless telecommunications network The term wireless telecommunications network (3) Wireless telephone handsets; wireless devices The terms wireless telephone handset wireless device Speaker of the House of Representatives Vice President of the United States and President of the Senate | Unlocking Consumer Choice and Wireless Competition Act |
Wounded Warrior Research Enhancement Act - Directs the Secretary of Defense (DOD) to award grants to carry out research for the advancement of orthotic and prosthetic clinical care for members of the Armed Forces, veterans, and civilians who have undergone amputation, traumatic brain injury, and other serious physical injury as a result of combat or military experience. Includes under such research the prevention of amputations, orthotic and prosthetic intervention, and orthotics and prosthetic materials and technology research. | 114 S1022 IS: Wounded Warrior Research Enhancement Act U.S. Senate 2015-04-21 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. 1022 IN THE SENATE OF THE UNITED STATES April 21, 2015 Mr. Durbin Mr. Murphy Committee on Armed Services A BILL To require the Secretary of Defense to award grants to fund research on orthotics and prosthetics, and for other purposes. 1. Short title This Act may be cited as the Wounded Warrior Research Enhancement Act 2. Orthotic and Prosthetic Research (a) Purpose The purpose of the grants described in this section is to advance orthotic and prosthetic clinical care for members of the Armed Forces, veterans, and civilians who have undergone amputation, traumatic brain injury, and other serious physical injury as a result of combat or military experience. (b) Grants for research on patient outcomes The Secretary of Defense shall award grants to persons to carry out research on the following: (1) The actions that can be taken to prevent amputation of limbs. (2) The point in the course of patient treatment during which orthotic and prosthetic intervention is most effective. (3) The orthotic interventions that are most effective in treating the physical effects of traumatic brain injury. (4) The patients that benefit most from particular orthotic and prosthetic technologies. (5) The orthotic and prosthetic services that best facilitate the return to active duty of members of the Armed Forces. (6) The effect of the aging process on the use of prosthetics, including— (A) increased skin breakdown; (B) loss of balance; (C) falls; and (D) other issues that arise during the aging process. (c) Grants on materials research The Secretary shall award grants to persons to carry out research on the following: (1) The improvement of existing materials used in orthotics and prosthetics for the purpose of improving quality of life and health outcomes for individuals with limb loss. (2) The development of new materials used in orthotics and prosthetics for the purpose of improving quality of life and health outcomes for individuals with limb loss. (d) Grants on technology research The Secretary shall award grants to persons to carry out research on the following: (1) The improvement of existing orthotic and prosthetic technology and devices for the purpose of improving quality of life and health outcomes for individuals with limb loss. (2) The development of new orthotic and prosthetic technology and devices for the purpose of improving quality of life and health outcomes for individuals with limb loss. (e) Request for proposals A person seeking the award of a grant under this section shall submit to the Secretary an application therefor in the form and accompanied by such information as the Secretary shall require. (f) Award requirements (1) Peer-reviewed proposals Grants under this section may be awarded only for research that is peer-reviewed. (2) Competitive procedures Grants under this section shall be awarded through competitive procedures. (g) Grant use A person awarded a grant under subsection (b), (c), or (d) shall use the grant amount to carry out the research described in the applicable subsection. (h) Reports Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, veterans, community-based clinicians, and expert researchers in the field of orthotics and prosthetics, submit to Congress a report setting forth the following: (1) An agenda for orthotic and prosthetic research that identifies and prioritizes the most significant unanswered orthotic and prosthetic research questions pertinent to the provision of evidence-based clinical care to members of the Armed Forces, veterans, and civilians. (2) For each report after the initial report under this subsection— (A) a summary of how the grants awarded under subsection (b) are addressing the most significant orthotic and prosthetic needs; and (B) the progress made towards resolving orthotic and prosthetic challenges facing members of the Armed Forces and veterans. (i) Veteran defined In this section, the term veteran (j) Authorization of appropriations There is authorized to be appropriated for fiscal year 2016 for the Department of Defense for the Defense Health Program, $30,000,000 to carry out this section. | Wounded Warrior Research Enhancement Act |
Wounded Warrior Workforce Enhancement Act - Directs the Secretary of Veterans Affairs (VA) to award grants to eligible institutions to: (1) establish a master's or doctoral degree program in orthotics and prosthetics, or (2) expand upon an existing master's degree program in such area. Requires a grant priority for institutions in partnership with a medical center administered by the VA or a facility administered by the Department of Defense (DOD). Provides grant amounts of at least $1 million and up to $1.5 million. Defines as eligible institutions those either accredited by the National Commission on Orthotic and Prosthetic Education or demonstrating an ability to meet such accreditation requirements if receiving a grant. Requires the Secretary to award a grant to an institution with orthotic and prosthetic research and education experience to: (1) establish the Center of Excellence in Orthotic and Prosthetic Education; and (2) improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting orthotic and prosthetic-based research. | 114 S1021 IS: Wounded Warrior Workforce Enhancement Act U.S. Senate 2015-04-21 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. 1021 IN THE SENATE OF THE UNITED STATES April 21, 2015 Mr. Durbin Mr. Murphy Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to award grants to establish, or expand upon, master's degree programs in orthotics and prosthetics, and for other purposes. 1. Short title This Act may be cited as the Wounded Warrior Workforce Enhancement Act 2. Orthotics and Prosthetics Education Improvement (a) Grants required (1) In general The Secretary of Veterans Affairs shall award grants to eligible institutions to enable the eligible institutions— (A) to establish a master's degree program in orthotics and prosthetics; or (B) to expand upon an existing master's degree program in orthotics and prosthetics, including by admitting more students, further training faculty, expanding facilities, or increasing cooperation with the Department of Veterans Affairs and the Department of Defense. (2) Priority The Secretary shall give priority in the award of grants under this section to eligible institutions that have entered into a partnership with a medical center or clinic administered by the Department of Veterans Affairs or a facility administered by the Department of Defense, including by providing clinical rotations at such medical center, clinic, or facility. (3) Grant amounts Grants awarded under this section shall be in amounts of not less than $1,000,000 and not more than $1,500,000. (b) Requests for proposals (1) In general Not later than 90 days after the date of the enactment of this Act, and not less frequently than annually thereafter for two years, the Secretary shall issue a request for proposals from eligible institutions for grants under this section. (2) Proposals An eligible institution that seeks the award of a grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including— (A) demonstration of a willingness and ability to participate in a partnership described in subsection (a)(2); and (B) a commitment, and demonstration of an ability, to maintain an accredited orthotics and prosthetics education program after the end of the grant period. (c) Grant uses (1) In general An eligible institution awarded a grant under this section shall use grant amounts to carry out any of the following: (A) Building new or expanding existing orthotics and prosthetics master’s degree programs. (B) Training doctoral candidates in fields related to orthotics and prosthetics to prepare them to instruct in orthotics and prosthetics programs. (C) Training faculty in orthotics and prosthetics education or related fields for the purpose of instruction in orthotics and prosthetics programs. (D) Salary supplementation for faculty in orthotics and prosthetics education. (E) Financial aid that allows eligible institutions to admit additional students to study orthotics and prosthetics. (F) Funding faculty research projects or faculty time to undertake research in the areas of orthotics and prosthetics for the purpose of furthering their teaching abilities. (G) Renovation of buildings or minor construction to house orthotics and prosthetics education programs. (H) Purchasing equipment for orthotics and prosthetics education. (2) Limitation on construction An eligible institution awarded a grant under this section may use not more than 50 percent of the grant amount to carry out paragraph (1)(G). (3) Admissions preference An eligible institution awarded a grant under this section shall give preference in admission to the orthotics and prosthetics master’s degree programs to veterans, to the extent practicable. (4) Period of use of funds An eligible institution awarded a grant under this section may use the grant funds for a period of three years after the award of the grant. (d) Definitions In this section: (1) The term eligible institution (A) is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs; or (B) demonstrates an ability to meet the accreditation requirements for orthotic and prosthetic education from the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs if the institution receives a grant under this section. (2) The term veteran (e) Authorization of appropriations (1) In general There is authorized to be appropriated for fiscal year 2016 for the Department of Veterans Affairs, $15,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available for obligation until September 30, 2018. (2) Unobligated amounts to be returned to the treasury Any amounts authorized to be appropriated by paragraph (1) that are not obligated by the Secretary as of September 30, 2018, shall be returned to the Treasury of the United States. 3. Center of Excellence in Orthotic and Prosthetic Education (a) Grant for establishment of center (1) In general The Secretary of Veterans Affairs shall award a grant to an eligible institution to enable the eligible institution— (A) to establish the Center of Excellence in Orthotic and Prosthetic Education (in this section referred to as the Center (B) to enable the eligible institution to improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting evidence-based research on— (i) the knowledge, skills, and training most needed by clinical professionals in the field of orthotics and prosthetics; and (ii) how to most effectively prepare clinical professionals to provide effective, high-quality orthotic and prosthetic care. (2) Priority The Secretary shall give priority in the award of a grant under this section to an eligible institution that has in force, or demonstrates the willingness and ability to enter into, a memoranda of understanding with the Department of Veterans Affairs, the Department of Defense, or other appropriate Government agency, or a cooperative agreement with an appropriate private sector entity, which memorandum of understanding or cooperative agreement provides for either, or both, of the following: (A) The provision of resources, whether in cash or in kind, to the Center. (B) Assistance to the Center in conducting research and disseminating the results of such research. (3) Grant amount The grant awarded under this section shall be in the amount of $5,000,000. (b) Requests for proposals (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals from eligible institutions for the grant under this section. (2) Proposals An eligible institution that seeks the award of the grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Grant uses (1) In general The eligible institution awarded the grant under this section shall use the grant amount as follows: (A) To develop an agenda for orthotics and prosthetics education research. (B) To fund research in the area of orthotics and prosthetics education. (C) To publish or otherwise disseminate research findings relating to orthotics and prosthetics education. (2) Period of use of funds The eligible institution awarded the grant under this section may use the grant amount for a period of five years after the award of the grant. (d) Definitions In this section: (1) The term eligible institution (A) has a robust research program; (B) offers an orthotics and prosthetics education program that is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs; (C) is well recognized in the field of orthotics and prosthetics education; and (D) has an established association with— (i) a medical center or clinic of the Department of Veterans Affairs; and (ii) a local rehabilitation hospital. (2) The term veteran (e) Authorization of appropriations There is authorized to be appropriated for fiscal year 2016 for the Department of Veterans Affairs, $5,000,000 to carry out this section. | Wounded Warrior Workforce Enhancement Act |
Freedom from Government Competition Act - Requires each executive or military department or independent establishment to obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources, except if: (1) such goods or services are required by law to be produced or performed by such agency; or (2) the head of the agency determines and certifies that federal production, manufacture, or provision of a good or service is necessary for the national defense or homeland security, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by government employees, or that there is no private source capable of providing the good or service. Requires such private sector provision of goods and services to be performed through: (1) the divestiture of federal involvement, (2) the award of a contract using competitive procedures, (3) converting an activity to performance by a qualified firm under at least 51% ownership by an Indian tribe or a Native Hawaiian Organization, or (4) conducting a public-private competitive sourcing analysis in accordance with Office of Management and Budget (OMB) procedures and determining that using the private sector is in the best interest of the United States and provides the best value to the taxpayer. Authorizes an agency head to utilize federal employees to provide goods or services previously provided by a private sector entity upon completion of a public-private competitive sourcing analysis and after determining that provision by federal employees provides the best value. Requires the Director of OMB to carry out a study, in conjunction with the Comptroller General (GAO), to evaluate the activities carried out in each agency. | 114 S1116 IS: Freedom from Government Competition Act U.S. Senate 2015-04-28 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. 1116 IN THE SENATE OF THE UNITED STATES April 28, 2015 Mr. Thune Mr. Isakson Committee on Homeland Security and Governmental Affairs A BILL To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes. 1. Short title This Act may be cited as the Freedom from Government Competition Act 2. Findings Congress makes the following findings: (1) Private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the United States economic system. (2) Competitive private enterprises are the most productive, efficient, and effective sources of goods and services. (3) Unfair Government competition with the private sector of the economy is detrimental to the United States economic system. (4) Unfair Government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume. (5) Current law and policy have failed to address adequately the problem of unfair Government competition with the private sector of the economy. (6) It is in the public interest that the Federal Government establish a consistent policy to rely on the private sector of the economy to provide goods and services necessary for or beneficial to the operation and management of Federal agencies and to avoid unfair Government competition with the private sector of the economy. 3. Definitions In this Act, the term agency (1) an executive department as defined by section 101 of title 5, United States Code; (2) a military department as defined by section 102 of such title; and (3) an independent establishment as defined by section 104(l) of such title. 4. Procurement from private sources (a) Policy In the process of governing, the Federal Government should not compete with its citizens. The competitive enterprise system, characterized by individual freedom and initiative, is the primary source of national economic strength. In recognition of this principle, it has been and continues to be the general policy of the Federal Government— (1) to rely on commercial sources to supply the products and services the Government needs; (2) to refrain from providing a product or service if the product or service can be procured more economically from a commercial source; and (3) to utilize Federal employees to perform inherently governmental functions (as that term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 ( Public Law 105–270 31 U.S.C. 501 (b) General rule Except as provided in subsection (c) and notwithstanding any other provision of law, each agency shall obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources. (c) Exemptions Subsection (b) shall not apply to an agency with respect to goods or services if— (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to Congress in accordance with regulations promulgated by the Director of the Office of Management and Budget that— (A) Federal Government production, manufacture, or provision of a good or service is necessary for the national defense or homeland security; (B) a good or service is so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by Government employees; or (C) there is no private source capable of providing the good or service. (d) Method of procurement The provision of goods and services not exempt by subsection (c)(1) or (c)(2) shall be performed by an entity in the private sector through— (1) the divestiture of Federal involvement in the provision of a good or service; (2) the award of a contract to an entity in the private sector, using competitive procedures, as defined in section 152 of title 41, United States Code, and section 2302 of title 10, United States Code; (3) converting an activity to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) 15 U.S.C. 637(a)(15) (4) conducting a public-private competitive sourcing analysis in accordance with the procedures established by the Office of Management and Budget and determining that using the assets, facilities, and performance of the private sector is in the best interest of the United States and that production or performance, respectively, by the private sector provides the best value to the taxpayer. (e) Contracted activities The head of an agency may utilize Federal employees to provide goods or services previously provided by an entity in the private sector upon completion of a public-private competitive sourcing analysis described in subsection (d)(4), and after making a determination that the provision of such goods or services by Federal employees provides the best value to the taxpayer. (f) Regulations The Director of the Office of Management and Budget shall promulgate such regulations as the Director considers necessary to carry out this section. In promulgating such regulations, the Director shall assure that any State or territory, or political subdivision of a State or territory, complies with the policy and implements the requirements of this section when expending Federal funds. 5. Study and report The Director of the Office of Management and Budget, in conjunction with the Comptroller General of the United States, shall carry out a study to evaluate the activities carried out in each agency, including those identified as commercial and inherently governmental in nature in the inventory prepared pursuant to the Federal Activities Inventory Reform Act ( Public Law 105–270 31 U.S.C. 501 (1) an evaluation of the justification for exempting activities pursuant to section 4(c); and (2) a schedule for the transfer of commercial activities to the private sector, pursuant to section 4(d), to be completed within 5 years after the date on which such report is transmitted to the Congress. | Freedom from Government Competition Act |
Protecting Financial Aid for Students and Taxpayers Act - Amends the Higher Education Opportunity Act to prohibit postsecondary educational institutions from using revenues derived from federal educational assistance funds for: (1) advertising and promotion; (2) identifying and attracting prospective students; or (3) other activities the Secretary of Education may proscribe, such as paying for the promotion or sponsorship of education or military-related associations. Excepts from that prohibition activities that are required as a condition of receiving funds under title IV (Student Assistance) of the Higher Education Act of 1965, specifically authorized under title IV, or otherwise specified by the Secretary. | 114 S1908 IS: Protecting Financial Aid for Students and Taxpayers Act U.S. Senate 2015-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1908 IN THE SENATE OF THE UNITED STATES July 30, 2015 Mr. Brown Mr. Durbin Mr. Franken Mr. Carper Mr. Blumenthal Mr. Murphy Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Opportunity Act to restrict institutions of higher education from using revenues derived from Federal educational assistance funds for advertising, marketing, or recruiting purposes. 1. Short title; findings (a) Short title This Act may be cited as the Protecting Financial Aid for Students and Taxpayers Act (b) Findings Congress finds the following: (1) From 1998 to 2013, enrollment in for-profit institutions of higher education increased by 314 percent, from 498,176 students to 2,064,920 students. (2) In the 2012–2013 academic year, students who enrolled at for-profit institutions of higher education received $26,469,028,523 in Federal Pell Grants and student loans. (3) Eight out of the 10 top recipients of Post- 9/11 Educational Assistance funds are for-profit institutions of higher education. These 8 companies have received $2,900,000,000 in taxpayer funds to enroll veterans from 2009 to 2013. (4) An analysis of 15 publicly traded companies that operate institutions of higher education shows that, on average, such companies spend 28 percent of expenditures on advertising, marketing, and recruiting. 2. Restrictions on sources of funds for recruiting and marketing activities Section 119 of the Higher Education Opportunity Act ( 20 U.S.C. 1011m (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); and (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 described in paragraph (2). (2) Covered activities Except as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following: (A) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. (B) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (i) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other Internet communications regarding enrollment; and (ii) soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose. (C) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (3) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (4) Federal educational assistance funds In this subsection, 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 Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. (F) The Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. (5) 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. (6) Reports Each institution of higher education, or other postsecondary educational institution, that derives 65 percent or more of revenues from Federal educational assistance funds shall report annually to the Secretary and to Congress and shall include in such report— (A) the institution's expenditures on advertising, marketing, and recruiting; (B) a verification from an independent auditor that the institution is in compliance with the requirements of this subsection; and (C) a certification from the institution that the institution is in compliance with the requirements of this subsection. . | Protecting Financial Aid for Students and Taxpayers Act |
Promoting Physical Activity for Americans Act - Requires the Secretary of Health and Human Services (HHS) to publish a report at least every 10 years that contains physical activity recommendations for the general public, based on the most current scientific and medical knowledge and including additional information for population subgroups, as needed. Requires the Secretary to publish, no more than 5 years after the first full report is published and every 10 years thereafter, an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. Permits a report to focus on particular subgroups or issues relating to physical activity. Requires any federal agency that proposes to issue physical activity recommendations that differ from the recommendations in the most recent full report to submit the proposed recommendations to the Secretary for review to ensure they are either consistent with the report or based on the most current scientific and medical knowledge. | 114 S1793 IS: Promoting Physical Activity for Americans Act U.S. Senate 2015-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1793 IN THE SENATE OF THE UNITED STATES July 16, 2015 Mrs. Murray Mr. Wicker Committee on Health, Education, Labor, and Pensions A BILL To provide for the publication by the Secretary of Health and Human Services of physical activity recommendations for Americans. 1. Short title This Act may be cited as the Promoting Physical Activity for Americans Act 2. Physical activity recommendations for Americans (a) Reports (1) In general Not later than December 31, 2018, and at least every 10 years thereafter, the Secretary of Health and Human Services (referred to in this section as the Secretary) shall publish a report that provides physical activity recommendations for the people of the United States. Each such report shall contain physical activity information and recommendations for consideration and use by the general public, and shall be considered, as applicable and appropriate, by relevant Federal agencies in carrying out relevant Federal health programs. (2) Basis of recommendations The information contained in each report required under paragraph (1) shall be based on the most current evidence-based scientific and medical knowledge at the time the report is prepared, and shall include additional information for population subgroups, such as children or individuals with disabilities, if scientific and medical evidence indicates that physical activity recommendations vary in such a manner that such stratification is warranted. (3) Update reports Not later than 5 years after the publication of the first report under paragraph (1), and every 10 years thereafter, the Secretary shall publish an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. The contents of reports under this paragraph may focus on a particular group, subsection, or other division of the general public or on a particular issue relating to physical activity. (b) Interaction with other recommendations Federal agencies proposing to issue physical activity recommendations that differ from the recommendations in the most recent report published under subsection (a)(1) shall, as applicable and appropriate, take into consideration the recommendations provided through reports issued under this Act. (c) Existing authority not affected This section is not intended to limit the support of biomedical research by any Federal agency or to limit the presentation or communication of scientific or medical findings or review of such findings by any Federal agency. (d) Limitation Notwithstanding any other provision of this Act, no physical fitness standard established under this Act shall be binding on any individual as a matter of Federal law or regulation. | Promoting Physical Activity for Americans Act |
Same Day Registration Act - Amends the Help America Vote Act of 2002 to require states with a voter registration requirement to make same-day voter registration available at the polling place on the date of election itself (or on the day of voting under early voting). | 114 S1139 IS: Same Day Registration Act U.S. Senate 2015-04-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1139 IN THE SENATE OF THE UNITED STATES April 30, 2015 Ms. Klobuchar Mr. Tester Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to require States to provide for same day registration. 1. Short title This Act may be cited as the Same Day Registration Act 2. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993; and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual (c) Effective date Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2016 and for any subsequent election for Federal office. . (b) Conforming amendments (1) Section 401 of such Act ( 52 U.S.C. 21111 and 303 303, and 304 (2) The table of contents of such Act is amended— (A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (B) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . | Same Day Registration Act |
National Diabetes Clinical Care Commission Act - Establishes within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and make recommendations regarding better coordination and leveraging of federal programs that relate in any way to supporting appropriate clinical care for people with pre-diabetes and diabetes. Sets forth the duties of the Commission, which shall include: (1) evaluating HHS programs, (2) identifying current activities and critical gaps in federal efforts to support clinicians in providing care to people with pre-diabetes and diabetes, (3) recommending how an outcomes-based registry may be developed and then used to evaluate various care models and methods, (4) evaluating and expanding education and awareness to health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes, and (5) reviewing and recommending appropriate methods for outreach and dissemination of educational resources related to diabetes prevention and treatments. Requires the Commission to submit an operating plan to the Secretary and Congress within 90 days of its first meeting. | 114 S586 IS: National Diabetes Clinical Care Commission Act U.S. Senate 2015-02-26 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. 586 IN THE SENATE OF THE UNITED STATES February 26, 2015 Mrs. Shaheen Ms. Collins Mr. Brown Mr. Markey Mr. Kirk Ms. Ayotte Mrs. Boxer Mr. Nelson Mr. Donnelly Mr. Carper Mr. Booker Mr. Grassley Mr. Peters Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to foster more effective implementation and coordination of clinical care for people with pre-diabetes, diabetes, and the chronic diseases and conditions that result from diabetes. 1. Short title This Act may be cited as the National Diabetes Clinical Care Commission Act 2. Findings Congress finds the following: (1) The Centers for Disease Control and Prevention report that nearly 29,000,000 Americans have diabetes in addition to an estimated 86,000,000 American adults that have pre-diabetes, an increase of 3,000,000 Americans with diabetes and 7,000,000 American adults with pre-diabetes since 2011. (2) Diabetes affects 9.3 percent of Americans of all ages and 12.3 percent of adults age 20 and older. Adults age 20 and older of racial and ethnic minorities continue to have higher rates of diabetes than individuals not of such minorities, as demonstrated by the following: 15.9 percent of all adult American Indians and Alaskan Natives have diabetes; 13.2 percent of all adult African-Americans have diabetes; 12.8 percent of all adult Hispanics have diabetes; and 9.0 percent of all adult Asian-Americans have diabetes, while 7.6 percent of all non-Hispanic Whites have diabetes. (3) Diabetes is the seventh leading cause of death in the United States. (4) People with diabetes are more likely than people without diabetes to also have chronic diseases and conditions that are complications of diabetes, including cardiovascular disease, strokes, high blood pressure, kidney disease, including dialysis, blindness, neuropathy, and leg and feet amputations. (5) Adults with diabetes have an elevated risk of heart disease and stroke. Adults with diabetes have death rates from heart disease that are nearly twice as high as adults without the disease. (6) Diabetes is the leading cause of kidney failure. Each year, nearly 100,000 individuals in the United States are diagnosed with kidney failure, and diabetes accounts for 44 percent of these new cases. (7) Diabetic neuropathies are a family of nerve disorders caused by diabetes and are prevalent in nearly 60 to 70 percent of individuals with diabetes. (8) Diabetes is the leading cause of new cases of blindness among adults aged 20 to 74. (9) About 60 percent of all non-traumatic lower limb amputations in the United States occur in individuals with diabetes. (10) Total national costs associated with diabetes in 2012 exceeded $245,000,000,000, according to the Centers for Disease Control and Prevention. (11) One in three Medicare dollars is currently spent on people with diabetes. (12) The Centers for Disease Control and Prevention projects that as many as 1 in 3 American adults could have diabetes by 2050 if current trends continue. (13) There are 35 Federal departments, agencies, and offices involved in the implementation of Federal diabetes activities. 3. Establishment of the National Diabetes Clinical Care Commission Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–6. National Diabetes Clinical Care Commission (a) Establishment There is hereby established within the Department of Health and Human Services a National Diabetes Clinical Care Commission (in this section referred to as the Commission (b) Membership (1) In general The Commission shall be composed of the following voting members: (A) The heads (or their designees) of the following Federal agencies and departments that conduct programs that could impact the clinical care of people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of or caused by diabetes: (i) The Centers for Medicare and Medicaid Services. (ii) The Agency for Healthcare Research and Quality. (iii) The Centers for Disease Control and Prevention. (iv) The Indian Health Service. (v) The Department of Veterans Affairs. (vi) The National Institutes of Health. (vii) The Food and Drug Administration. (viii) The Health Resources and Services Administration. (ix) The Department of Defense. (x) Other governmental or nongovernmental agency heads, at the discretion of the agency, that impact clinical care of individuals with pre-diabetes and diabetes. (B) Twelve additional voting members appointed under paragraph (2). (2) Additional members The Commission shall include additional voting members appointed by the Comptroller General of the United States, in consultation with national medical societies and patient advocate organizations with expertise in diabetes and the care of patients with diabetes and the diseases it causes, including one or more from each of the following categories: (A) Clinical endocrinologists. (B) Physician specialties (other than as described in subparagraph (A)) that play a role in diabetes care, such as cardiologists, nephrologists, and eye care professionals. (C) Primary care physicians. (D) Non-physician health care professionals, such as certified diabetes educators, registered dieticians and nutrition professionals, nurses, nurse practitioners, and physician assistants. (E) Patient advocates. (F) National experts in the duties listed under subsection (c). (3) Chairperson The voting members of the Commission shall select a chairperson from the members described in paragraph (2)(A). (4) Meetings The Commission shall meet at least twice, and not more than 4 times, a year. (5) Board terms Members of the Commission, including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. (c) Duties The Commission shall— (1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the risk of diabetes and the chronic diseases and conditions that are complications of diabetes, addressing any existing problems regarding such utilization and related data collection mechanisms; (2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high-quality care to people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of diabetes; (3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government; (4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of people with pre-diabetes, diabetes, and the chronic diseases and conditions that are complications of diabetes, specifically with regard to the implementation of new treatments and technologies; (5) evaluate programs in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined to not be meeting such needs, recommend programs that would be more appropriate; (6) recommend clinical pathways for new technologies and treatments, including future data collection activities, and how they may be developed and then used to evaluate and develop various care models and methods and the impact of such models and methods on quality of care and diabetes management as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); (7) evaluate and expand education and awareness to physicians and other health care professionals regarding clinical practices for the prevention of diabetes and the chronic diseases and conditions that are complications of diabetes; (8) review and recommend appropriate methods for outreach and dissemination of educational resources that regard diabetes prevention and treatments, are funded by the Federal Government, and are intended for health care professionals and the public; and (9) include other activities, such as those relating to the areas of public health and nutrition, that the Commission deems appropriate. (d) Operating plan (1) Initial plan Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include— (A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); (B) a plan for completing the activities; (C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; (D) an explanation of Federal agency involvement and coordination needed to conduct such activities; (E) a budget for conducting such activities; (F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and (G) other information that the Commission deems appropriate. (2) Updates The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. (e) Final report and sunset of the commission By not later than 3 years after the date of the Commission’s first meeting, the Commission shall submit a report containing all of the findings and recommended actions of the Commission to the Secretary and Congress. Not later than 120 days after the submission of the final report, the Secretary shall review the evaluation required under subsection (d)(1)(F) to determine the continuation of the Commission. (f) Authorization of appropriations Appropriations are authorized to be made available to the Commission for each of fiscal years 2016, 2017, and 2018, from amounts otherwise made available to the Department of Health and Human Services for such fiscal years, to carry out this section. . | National Diabetes Clinical Care Commission Act |
(This measure has not been amended since it was passed by the House on February 11, 2014. The summary of that version is repeated here.) Temporary Debt Limit Extension Act - Suspends the public debt limit for the period beginning on the date of enactment of this Act and ending on March 15, 2015. Increases the debt limit, effective March 16, 2015, to the extent that: the face amount of such obligations outstanding on the date of enactment of this Act is exceeded by the total of the face amount of public debt obligations and the face amount of obligations whose principal and interest are guaranteed by the U.S. government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on March 16, 2015. Excludes an obligation under clause 2 (above) from being taken into account unless its issuance was necessary to fund a commitment incurred pursuant to law that required payment before March 16, 2015. Prohibits the Secretary of the Treasury from issuing obligations during the period beginning on the date of enactment of this Act and ending on March 15, 2015, for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period. | 113 S540 EAH: Temporary Debt Limit Extension Act U.S. Senate 2014-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session In the House of Representatives, U. S., February 11, 2014 AMENDMENT: That the bill from the Senate (S. 540) entitled An Act to designate the air route traffic control center located in Nashua, New Hampshire, as the Patricia Clark Boston Air Route Traffic Control Center Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the Temporary Debt Limit Extension Act 2. Temporary extension of public debt limit (a) In general Section 3101(b) (b) Special rule relating to obligations issued during extension period Effective March 16, 2015, the limitation in effect under section 3101(b) (1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on March 16, 2015, exceeds (2) the face amount of such obligations outstanding on the date of the enactment of this Act. 3. Restoring Congressional authority over the national debt (a) Extension limited to necessary obligations An obligation shall not be taken into account under section 2(b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before March 16, 2015. (b) Prohibition on creation of cash reserve during extension period The Secretary of the Treasury shall not issue obligations during the period specified in section 2(a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period. Lorraine Miller Clerk. | Temporary Debt Limit Extension Act |
Veterinary Medicine Loan Repayment Program Enhancement Act - Amends the Internal Revenue Code to exclude from gross income payments under the federal veterinary medicine loan repayment program or any other state loan repayment or forgiveness program that is intended to provide for increased access to veterinary services in such state. | 114 S440 IS: Veterinary Medicine Loan Repayment Program Enhancement Act U.S. Senate 2015-02-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 440 IN THE SENATE OF THE UNITED STATES February 10, 2015 Mr. Crapo Ms. Stabenow Mr. Risch Mr. King Mr. Roberts Ms. Baldwin Mr. Cochran Mr. Bennet Mr. Isakson Ms. Klobuchar Mr. Franken Mr. Leahy Ms. Hirono Mrs. Gillibrand Mr. Sanders Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for an exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs. 1. Short title This Act may be cited as the Veterinary Medicine Loan Repayment Program Enhancement Act 2. Exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs (a) In general Paragraph (4) of section 108(f) (1) by striking or such Act, (2) by striking the period at the end and inserting , under section 1415A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3151a (3) by striking state other (b) Effective date The amendments made by this section shall apply to amounts received by an individual in taxable years beginning after December 31, 2014. | Veterinary Medicine Loan Repayment Program Enhancement Act |
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 to require: (1) biennial (currently annual) budget resolutions, (2) biennial appropriations Acts, and (3) biennial government strategic and performance plans. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Requires the Director of the Office of Management and Budget (OMB) to: (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on such period, and (2) report the findings to the House and Senate Budget Committees. | 114 S150 IS: Biennial Budgeting and Appropriations Act U.S. Senate 2015-01-13 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 114th CONGRESS 1st Session S. 150 IN THE SENATE OF THE UNITED STATES January 13, 2015 Mr. Isakson Mrs. Shaheen Mr. Alexander Ms. Ayotte Mr. Barrasso Mr. Crapo Ms. Collins Mr. Enzi Mrs. Fischer Mr. Grassley Mr. Heinrich Mr. Kaine Mr. King Ms. Klobuchar Mr. Lankford Mr. Manchin Mr. McCain Ms. Murkowski Mr. Perdue Mr. Portman Mr. Vitter Mr. Warner Mr. Johnson Ms. Heitkamp Committee on the Budget A BILL To provide for a biennial budget process and a biennial appropriations process and to enhance oversight and the performance of the Federal Government. 1. Short title This Act may be cited as the Biennial Budgeting and Appropriations Act 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fourteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. July 1 Biennial appropriation bills may be considered in the House. July 20 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) each year biennially (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) fiscal year biennium (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 (12) The term biennium . (c) Biennial Concurrent Resolution on the Budget (1) Section heading The section heading of section 301 of such Act ( 2 U.S.C. 632 Annual Biennial (2) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year May 15 of each odd-numbered year (ii) striking the fiscal year beginning on October 1 of such year the biennium beginning on October 1 of such year (iii) striking the fiscal year beginning on October 1 of such year each fiscal year in such period (B) in paragraph (6)— (i) by striking For purposes for purposes (ii) by striking for the fiscal year for each fiscal year in the biennium (C) in paragraph (7)— (i) by striking For purposes for purposes (ii) by striking for the fiscal year for each fiscal year in the biennium (3) Additional matters Section 301(b)(3) of such Act ( 2 U.S.C. 632(b)(3) for such fiscal year for either fiscal year in such biennium (4) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) (or, if applicable, as provided by section 300(b)) United States Code (5) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e)(1) (A) striking fiscal year biennium (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. (6) Goals for reducing unemployment Section 301(f) of such Act ( 2 U.S.C. 632(f) fiscal year biennium (7) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) for a fiscal year for a biennium (8) Table of contents The table of contents set forth in section 1(b) of such Act is amended by striking the item relating to section 301 and inserting the following: Sec. 301. Biennial adoption of concurrent resolution on the budget. . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 (1) in subsection (a)— (A) in paragraph (1), by— (i) striking for the first fiscal year of the resolution, for each fiscal year in the biennium, (ii) striking for that period of fiscal years for all fiscal years covered by the resolution (iii) striking for the fiscal year of that resolution for each fiscal year in the biennium (B) in paragraph (5)(A), by striking April 15 May 15 or June 1 (under section 300(b)) (2) in subsection (b), by striking budget year biennium (3) in subsection (c) by striking for a fiscal year for each fiscal year in the biennium (4) in subsection (f)(1), by striking for a fiscal year for a biennium (5) in subsection (f)(1), by striking the first fiscal year each fiscal year of the biennium (6) in subsection (f)(2)(A), by— (A) striking the first fiscal year each fiscal year of the biennium (B) striking the total of fiscal years the total of all fiscal years covered by the resolution (7) in subsection (g)(1)(A), by striking April May (e) Section 303 (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) (A) striking for a fiscal year for a biennium (B) striking the first fiscal year each fiscal year of the biennium (C) striking that fiscal year that biennium (2) Exceptions in the house Section 303(b)(1) of such Act ( 2 U.S.C. 634(b)(1) (A) in subparagraph (A), by striking the budget year the biennium (B) in subparagraph (B), by striking the fiscal year the biennium (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c)(1) (A) striking fiscal year biennium (B) striking that year each fiscal year of that biennium (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304 of such Act ( 2 U.S.C. 635 (1) by striking fiscal year biennium (2) by striking for such fiscal year for such biennium (g) Procedures for Consideration of Budget Resolutions Section 305 of such Act ( 2 U.S.C. 636 (1) in subsection (a)(3), by striking fiscal year biennium (2) in subsection (b)(3), by striking fiscal year biennium (h) Completion of House Action on Appropriation Bills Section 307 of such Act ( 2 U.S.C. 638 (1) by striking each year each odd-numbered year (2) by striking annual biennial (3) by striking fiscal year biennium (4) by striking that year that odd-numbered year (i) Completion of Action on Regular Appropriation Bills Section 309 of such Act ( 2 U.S.C. 640 (1) by inserting of any odd-numbered year July (2) by striking annual biennial (3) by striking fiscal year biennium (4) by striking such year such odd-numbered year (j) Reconciliation Process Section 310(a) of such Act ( 2 U.S.C. 641(a) (1) in the matter preceding paragraph (1), by striking any fiscal year any biennium (2) in paragraph (1) by striking such fiscal year any fiscal year covered by such resolution (k) Section 311 (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a)(1) (A) by striking for a fiscal year for a biennium (B) by striking the first fiscal year either fiscal year of the biennium (C) by striking that first fiscal year each fiscal year in the biennium (2) In the senate Section 311(a)(2) of such Act ( 2 U.S.C. 642(a)(2) (A) in subparagraph (A), by striking for the first fiscal year for either fiscal year of the biennium (B) in subparagraph (B)— (i) by striking that first fiscal year each fiscal year in the biennium (ii) by striking that first fiscal year and the ensuing fiscal years all fiscal years (3) Social security levels Section 311(a)(3) of such Act ( 2 U.S.C. 642(a)(3) (A) striking for the first fiscal year each fiscal year in the biennium (B) striking that fiscal year and the ensuing fiscal years all fiscal years (l) MDA Point of Order Section 312(c) of such Act ( 2 U.S.C. 643 (1) by striking for a fiscal year for a biennium (2) in paragraph (1), by striking the first fiscal year either fiscal year in the biennium (3) in paragraph (2), by striking that fiscal year either fiscal year in the biennium (4) in the matter following paragraph (2), by striking that fiscal year the applicable fiscal year 4. Amendments to title 31 (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end the following: (3) biennium 2 U.S.C. 622 . (b) Budget Contents and Submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Fifteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget of the United States Government transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (5) Functions and activities Section 1105(a)(12)(A) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (7) Allowances for uncontrolled expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year each fiscal year in the biennium for which the budget is submitted (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (9) Future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year each fiscal year in the biennium following the biennium (B) by striking that following fiscal year each such fiscal year (C) by striking fiscal year before the fiscal year biennium before the biennium (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year each of the 2 most recently completed fiscal years, (B) by striking for that year with respect to those fiscal years (C) by striking in that year in those fiscal years (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year each of the 2 most recently completed fiscal years (B) by striking for that year with respect to those fiscal years (C) by striking in that year in those fiscal years (12) Homeland security Section 1105(a)(35)(A)(i) of title 31, United States Code, is amended in the matter preceding subclause (I), by striking the fiscal years for which the budget is submitted each fiscal year in the biennium for which the budget is submitted (13) EESA Section 1105(a)(36) of title 31, United States Code, is amended in the matter preceding subparagraph (A), by striking the fiscal year for which the budget is submitted each fiscal year in the biennium for which the budget is submitted (14) Veterans health Section 1105(a) of title 31, United States Code, is amended in the first paragraph designated as paragraph (37) (relating to medical care accounts of the Veterans Health Administration), by striking the fiscal year for which the budget is submitted each fiscal year in the biennium for which the budget is submitted (A) Technical amendment Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph designated as paragraph (37) (relating to plans and reports identified for elimination or consolidation) as paragraph (39). (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year each even-numbered year (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for each fiscal year in the biennium for (2) by striking the fiscal year for each fiscal year of the biennium, as the case may be, for (3) by striking for that year for each fiscal year of the biennium (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year biennium to which such budget relates (f) Supplemental Budget Estimates and Changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting after Before July 16 of each year and February 15 of each even-numbered year (ii) striking fiscal year biennium (B) in paragraph (1), by striking that fiscal year each fiscal year in such biennium (C) in paragraph (2), by striking fiscal year biennium (D) in paragraph (3), by striking fiscal year biennium (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) inserting after Before July 16 of each year and February 15 of each even-numbered year (B) striking the fiscal year each fiscal year in the biennium (C) striking submitted before July 16 required by this subsection (g) Current Programs and Activities Estimates (1) In general Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) At the same time the budget required by section 1105 is submitted for a biennium (B) by striking the following fiscal year each fiscal year of such period (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking before March 1 of each year within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) (h) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 March 31 (2) striking year before the year in which the fiscal year begins calendar year preceding the calendar year in which the biennium begins 5. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium 2 U.S.C. 622(12) . 6. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: 316. Authorizations of appropriations (a) Point of Order It shall not be in order in the House of Representatives or the Senate to consider— (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. (b) Applicability In the Senate, subsection (a) shall not apply to— (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. . (b) Amendment to Table of Contents The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following: Sec. 316. Authorizations of appropriations. . 7. Government plans on a biennial basis (a) Managerial Accountability and Flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking annual (B) by striking section 1105(a)(29) section 1105(a)(28) (2) in subsection (e)— (A) in the first sentence by striking one or (B) in the second sentence by striking a subsequent year a subsequent 2-year period (C) in the third sentence by striking three 4 (b) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in subsection (d)(1), by striking annual biennial (2) in subsection (e), by striking annual biennial (c) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 September 30, 2016 (2) in subsection (b)— (A) by striking five years forward 6 years forward (B) by striking at least every three years at least every 4 years (3) in subsection (c)— (A) by striking section section, including a strategic plan submitted by September 30, 2016 meeting the requirements of subsection (a) (d) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual a biennial (2) in paragraph (1), by inserting after program activity for each years 1 and 2 of the biennial plan (3) in paragraph (5), by striking and (4) in paragraph (6), by striking the period and inserting ; and (5) by adding after paragraph (6) the following: (7) cover a 2-year period beginning with the first fiscal year of the next biennial budget cycle. . (e) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports, required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. (f) Effective Date (1) In general The amendments made by this section shall take effect on March 1, 2016. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by this Act. 8. Biennial appropriations bills (a) In General Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. 317. Consideration of biennial appropriations bills It shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any of the subcommittees of the Committees on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond 1 year and will be completed or terminated after the amount provided has been expended. . (b) Amendment to Table of Contents The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 316, as added by section 6(b) the following: Sec. 317. Consideration of biennial appropriations bills. . 9. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committee on the Budget of the House of Representatives and the Committee on the Budget of Senate. 10. Effective date Except as provided in section 7, this Act and the amendments made by this Act shall take effect on January 1, 2016, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2017. | Biennial Budgeting and Appropriations Act |
Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines "imported property income" as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income. | 114 S162 IS: Offshoring Prevention Act U.S. Senate 2015-01-13 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 114th CONGRESS 1st Session S. 162 IN THE SENATE OF THE UNITED STATES January 13, 2015 Mr. Whitehouse Mr. Leahy Mrs. Boxer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the taxation of income of controlled foreign corporations attributable to imported property. 1. Short title This Act may be cited as the Offshoring Prevention Act 2. Taxation of income of controlled foreign corporations attributable to imported property (a) General Rule Subsection (a) of section 954 , and (5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)). . (b) Definition of Imported Property Income Section 954 (j) Imported Property Income (1) In general For purposes of subsection (a)(5), the term imported property income (A) manufacturing, producing, growing, or extracting imported property; (B) the sale, exchange, or other disposition of imported property; or (C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). (2) Imported property For purposes of this subsection— (A) In general Except as otherwise provided in this paragraph, the term imported property (B) Imported property includes certain property imported by unrelated persons The term imported property (i) such property would be imported into the United States; or (ii) such property would be used as a component in other property which would be imported into the United States. (C) Exception for property subsequently exported The term imported property (i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or (ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. (D) Exception for certain agricultural commodities The term imported property (3) Definitions and special rules (A) Import For purposes of this subsection, the term import (B) United states For purposes of this subsection, the term United States (C) Unrelated person For purposes of this subsection, the term unrelated person (D) Coordination with foreign base company sales income For purposes of this section, the term foreign base company sales income . (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income (1) In general Paragraph (1) of section 904(d) and (B) imported property income, and . (2) Imported property income defined Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I) and (K) as subparagraphs (J) and (K) respectively, and by inserting after subparagraph (H) the following new subparagraph: (I) Imported property income The term imported property income . (3) Conforming amendment Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting or imported property income passive category income (d) Technical Amendments (1) Clause (iii) of section 952(c)(1)(B) (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: (II) imported property income, . (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking subsection (a)(5) subsection (a)(4) (3) Paragraph (5) of section 954(b) of such Code is amended by striking and the foreign base company oil related income the foreign base company oil related income, and the imported property income (e) Effective Date The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. | Offshoring Prevention Act |
Jumpstart GSE Reform Act - Prohibits the use of an increase in the guarantee fee required to be charged by the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or any affiliate of such organizations (enterprises) to offset an increase in outlays or a reduction in revenues for any purposes other than those related to the enterprises' business functions under: (1) the congressional budget, (2) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), or (3) the Statutory Pay-As-You-Act 2010. Prohibits the Secretary of the Treasury from selling, transferring, relinquishing, liquidating, divesting, or otherwise disposing of any outstanding shares of senior preferred stock acquired pursuant to a specified Senior Preferred Stock Purchase Agreement between the Department of the Treasury and an enterprise until Congress has passed and the President has signed into law legislation that includes a specific instruction to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred stock so acquired. | 114 S2038 IS: Jumpstart GSE Reform Act U.S. Senate 2015-09-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 2038 IN THE SENATE OF THE UNITED STATES September 16, 2015 Mr. Corker Mr. Warner Mr. Vitter Ms. Warren Committee on Banking, Housing, and Urban Affairs A BILL To provide certainty that Congress and the Administration will undertake substantive and structural housing finance reform, and for other purposes. 1. Short title This Act may be cited as the Jumpstart GSE Reform Act 2. Definitions As used in this Act, the following definitions shall apply: (1) Enterprise The term enterprise (2) Guarantee fee The term guarantee fee 12 U.S.C. 4547(a) (3) Secretary The term Secretary (4) Senior Preferred Stock Purchase Agreement The term Senior Preferred Stock Purchase Agreement (A) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (B) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. 3. Prohibition on use of guarantee fees to offset other government spending An increase in the guarantee fee required to be charged by an enterprise may not be used to offset an increase in outlays or a reduction in revenues for any purpose other than those related to the enterprises' business functions under— (1) the congressional budget; (2) the Balanced Budget and Emergency Deficit Control Act of 1985; or (3) the Statutory Pay-As-You-Go Act of 2010. 4. Limitations on sale of preferred stock Notwithstanding any other provision of law or any provision of the Senior Preferred Stock Purchase Agreement, the Secretary may not sell, transfer, relinquish, liquidate, divest, or otherwise dispose of any outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement, until such time as Congress has passed and the President has signed into law legislation that includes a specific instruction to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred stock so acquired. | Jumpstart GSE Reform Act |
Smithsonian American Latino Museum Act - Establishes a museum to be known as the Smithsonian American Latino Museum in the Smithsonian Institution. Designates the Arts and Industries Building of the Smithsonian Institution, which is located on the National Mall in Washington, DC, including a new underground annex facility, as the location of the Museum. Authorizes the Board of Regents of the Smithsonian Institution to plan and construct the Museum and to prepare a plan of action for the Museum. Directs the Secretary of the Interior and the Board of Regents to enter into an agreement that allows for the construction of the underground annex facility by the Board in a manner that is harmonious with, and protects the open space and visual sight lines of, the National Mall. | 114 S3314 IS: Smithsonian American Latino Museum Act U.S. Senate 2016-09-13 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 114th CONGRESS 2d Session S. 3314 IN THE SENATE OF THE UNITED STATES September 13, 2016 Mr. Menendez Mr. Cornyn Committee on Rules and Administration A BILL To establish within the Smithsonian Institution the Smithsonian American Latino Museum, and for other purposes. 1. Short title This Act may be cited as the Smithsonian American Latino Museum Act 2. Establishment of museum There is established within the Smithsonian Institution a museum to be known as the Smithsonian American Latino Museum 3. Location and authorization (a) Arts and Industries Building The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia, including a new underground annex facility, is designated as the location of the Smithsonian American Latino Museum. (b) Planning and construction The Board of Regents of the Smithsonian Institution, in consultation with the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission, and with other appropriate Federal and local agencies, is authorized to prepare plans, design, renovate, rehabilitate, and construct the Smithsonian American Latino Museum facility, as referred to in the May 2011 Report to Congress of the Commission to Study the Potential Creation of a National Museum of the American Latino. (c) Schedule and funding (1) In general The Board of Regents is authorized to prepare a plan of action for the Smithsonian American Latino Museum, and to identify and evaluate viable funding models for both construction and operation of the Museum. (2) Timing The plan of action authorized in paragraph (1) shall be concluded not later than 18 months after the date of enactment of this Act. 4. Agreement with Secretary of the Interior The Secretary of the Interior and the Board of Regents of the Smithsonian Institution shall enter into an agreement that— (1) allows for the planning, design, and construction of the underground annex facility by the Board of Regents, in a manner harmonious with and to protect the open space and visual sightlines of the Mall; and (2) provides a timeline for the transfer of administrative jurisdiction, if necessary, of the appropriate subsurface area from the Secretary of the Interior to the Smithsonian Institution. 5. Consideration of recommendations of commission In carrying out its duties under this Act, the Board of Regents of the Smithsonian Institution shall take into consideration the reports and plans submitted by the Commission to Study the Potential Creation of a National Museum of the American Latino under section 333 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 | Smithsonian American Latino Museum Act |
Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from performing a discharge (defined as an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge of untreated or partially treated sewage into the Great Lakes) unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires a POTW to provide prior notice for any anticipated discharge, or notice as soon as practicable for any unanticipated discharge (but no later than two hours after a discharge begins for a POTW with an automated detection system or 12 hours after a discharge begins for a POTW without such system), to: (1) the Administrator of the Environmental Protection Agency (EPA) (or a state if the state has an approved permit program), (2) each local health department (or a state health department if a local department does not exist), (3) the municipality in which a discharge occurred, (4) each municipality with jurisdiction over waters that may be affected, (5) a daily newspaper of general circulation in each county in which such a municipality is located, and (6) the public. Requires a POTW, within five days after such initial notice, to provide follow-up notice regarding the cause of, reason for, dates and times of, anticipated duration of, volume of, public access areas affected by, and steps taken or planned to reduce, eliminate, and prevent recurrence of, the discharge. Requires the Administrator (or a state with an approved permit program) to annually publish and make available to the public a list of the POTWs from which a follow-up notice was received. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this Act. Establishes a maximum civil penalty of $100,000 per day for violations of this Act occurring on or after January 1, 2033. Establishes the Great Lakes Cleanup Fund into which penalties for violations of this Act shall be deposited and from which amounts shall be provided for improving wastewater discharges. | 114 S1586 IS: Great Lakes Water Protection Act U.S. Senate 2015-06-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 1586 IN THE SENATE OF THE UNITED STATES June 16, 2015 Mr. Kirk Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to prohibit sewage dumping into the Great Lakes, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Water Protection Act 2. Prohibition on sewage dumping into the Great Lakes (a) In general Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (s) Prohibition on sewage dumping into the great lakes (1) Definitions In this subsection: (A) Bypass The term bypass (B) Discharge (i) In general The term discharge (ii) Inclusions The term discharge (C) Great Lakes The term Great Lakes (D) Partially treated sewage The term partially treated sewage (i) is not treated to national secondary treatment standards for wastewater; or (ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit. (E) Treatment facility The term treatment facility (F) Treatment works The term treatment works (2) Prohibition A publicly owned treatment works is prohibited from performing a bypass unless— (A) (i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and (iii) the treatment works provides notice of the bypass in accordance with this subsection; or (B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. (3) Limitation The requirement of paragraph (2)(A)(ii) is not satisfied if— (A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and (B) the bypass occurred during normal periods of equipment downtime or preventive maintenance. (4) Immediate notice requirements (A) In general The Administrator shall work with States having publicly owned treatment works subject to the requirements of this subsection to create immediate notice requirements in the event of discharge that provide for the method, contents, and requirements for public availability of the notice. (B) Minimum requirements (i) In general At a minimum, the contents of the notice shall include— (I) the exact dates and times of the discharge; (II) the volume of the discharge; and (III) a description of any public access areas impacted. (ii) Consistency Minimum requirements shall be consistent for all States. (C) Additional requirements The Administrator and States described in subparagraph (A) shall include— (i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; and (ii) annual publication requirements that list each treatment works from which the Administrator or the State receive a follow-up notice. (D) Timing The notice and publication requirements described in this paragraph shall be implemented not later than 2 years after the date of enactment of this subsection. (5) Sewage blending Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. (6) Implementation As soon as practicable, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. (7) Increase in maximum civil penalty for violations occurring after January 1, 2035 Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs. (8) Applicability This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection. . (b) Great Lakes Cleanup Fund (1) Establishment Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq. (A) by redesignating section 519 ( 33 U.S.C. 1251 (B) by inserting after section 518 ( 33 U.S.C. 1377 519. Establishment of great lakes cleanup fund (a) Definitions In this section: (1) Fund The term Fund (2) Great lakes; great lakes states The terms Great Lakes Great Lakes States (b) Establishment of fund There is established in the Treasury of the United States a trust fund to be known as the Great Lakes Cleanup Fund Fund (c) Transfers to fund Effective January 1, 2035, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s). (d) Administration of fund The Administrator shall administer the Fund. (e) Use of funds The Administrator shall— (1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and (2) allocate those amounts among the Great Lakes States based on the proportion that— (A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to (B) the total amount of those penalties attributable to all Great Lakes States. (f) Priority In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties. . (2) Conforming amendments to State revolving fund program Section 607 of the Federal Water Pollution Control Act ( 33 U.S.C. 1387 (A) by striking There is (a) In General.—There is (B) by adding at the end the following: (b) Treatment of Great Lakes Cleanup Fund For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519. . | Great Lakes Water Protection Act |
Jobs and Premium Protection Act - Repeals a provision of the Patient Protection and Affordable Care Act that imposes an annual fee on each entity that provides health insurance for any U.S. health risk based on net premium income. | 114 S183 IS: Jobs and Premium Protection Act U.S. Senate 2015-01-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 183 IN THE SENATE OF THE UNITED STATES January 16, 2015 Mr. Barrasso Mr. Hatch Mr. Alexander Ms. Ayotte Mr. Blunt Mr. Burr Mr. Coats Mr. Crapo Mrs. Fischer Mr. Flake Mr. Gardner Mr. Inhofe Mr. Isakson Mr. Kirk Mr. Moran Mr. Roberts Mr. Rubio Mr. Scott Mr. Toomey Mr. Vitter Mr. Wicker Committee on Finance A BILL To repeal the annual fee on health insurance providers enacted by the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Jobs and Premium Protection Act 2. Protecting patients from higher premiums Section 9010 of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 | Jobs and Premium Protection Act |
San Juan County Federal Land Conveyance Act - Directs the Secretary of the Interior, on request of the plaintiffs in the case Blancett v. United States Department of the Interior, et al., in the U.S. District Court for the District of New Mexico, to convey to them by sale all right, title, and interest of the United States in and to any portion of approximately 19 acres of certain federal surface estate in San Juan County, New Mexico (including any improvements or appurtenances). Requires the plaintiffs to: (1) pay the administrative costs associated with such conveyance; and (2) pay to the Secretary an amount equal to the fair market value of the federal surface estate conveyed, as determined by an appraisal acceptable to the Secretary. Requires deposit of the proceeds of any such conveyance in the general account of the Treasury to be used for deficit reduction. Withdraws the federal land from: (1) location, entry, and patent under the mining laws; and (2) disposition under all laws relating to mineral and geothermal leasing or mineral materials. | 113 S609 ES: San Juan County Federal Land Conveyance 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. 113th CONGRESS 2d Session S. 609 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the Secretary of the Interior to convey certain Federal land in San Juan County, New Mexico, and for other purposes. 1. Short title This Act may be cited as the San Juan County Federal Land Conveyance Act 2. Definitions In this Act: (1) Federal land The term Federal land Lands Authorized for Conveyance (2) Landowner The term landowner (3) Map The term map San Juan County Land Conveyance (4) Secretary The term Secretary (5) State The term State 3. Conveyance of certain Federal land in San Juan County, New Mexico (a) In general On request of the landowner, the Secretary shall, under such terms and conditions as the Secretary may prescribe and subject to valid existing rights, convey to the landowner all right, title, and interest of the United States in and to any portion of the Federal land (including any improvements or appurtenances to the Federal land) by sale. (b) Survey; administrative costs (1) Survey The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The administrative costs associated with the conveyance shall be paid by the landowner. (c) Consideration (1) In general As consideration for the conveyance of the Federal land under subsection (a), the landowner shall pay to the Secretary an amount equal to the fair market value of the Federal land conveyed, as determined under paragraph (2). (2) Appraisal The fair market value of any Federal land that is conveyed under subsection (a) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practice; and (C) any other applicable law (including regulations). (d) Disposition and use of proceeds (1) Disposition of proceeds The Secretary shall deposit the proceeds of any conveyance of Federal land under subsection (a) in a special account in the Treasury for use in accordance with paragraph (2). (2) Use of proceeds Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land from willing sellers in the State for resource protection that is consistent with the purposes for which the Bald Eagle Area of Critical Environmental Concern in the State was established. (e) Additional terms and conditions The Secretary may require such additional terms and conditions for a conveyance under subsection (a) as the Secretary determines to be appropriate to protect the interests of the United States. (f) Withdrawal Subject to valid existing rights, the Federal land is withdrawn from— (1) location, entry, and patent under the mining laws; and (2) disposition under all laws relating to mineral and geothermal leasing or mineral materials. Passed the Senate July 9, 2014. Secretary | San Juan County Federal Land Conveyance Act |
Family Health Care Flexibility Act - Repeals provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 that: (1) restrict payments from health savings accounts, medical savings accounts, and health flexible spending arrangements for medications to prescription drugs and insulin only (thus allowing payments for over-the-counter medications); and (2) impose a $2,500 limitation on salary reduction contributions to a health flexible spending arrangement under a cafeteria plan. | 114 S836 IS: Family Health Care Flexibility Act U.S. Senate 2015-03-23 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. 836 IN THE SENATE OF THE UNITED STATES March 23, 2015 Mr. Barrasso Ms. Ayotte Mr. Burr Mr. Crapo Mr. Isakson Mr. Risch Mr. Roberts Mr. Wicker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal certain limitations on health care benefits enacted by the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Family Health Care Flexibility Act 2. Repeal of distributions for medicine qualified only if for prescribed drug or insulin (a) HSAs Subparagraph (A) of section 223(d)(2) (b) Archer MSAs Subparagraph (A) of section 220(d)(2) (c) Health flexible spending arrangements and health reimbursement arrangements Section 106 (d) Effective dates (1) Distributions from savings accounts The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after December 31, 2015. (2) Reimbursements The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2015. 3. Repeal of limitation on health flexible spending arrangements under cafeteria plans (a) In general Section 125 (1) by striking subsection (i), and (2) by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. | Family Health Care Flexibility Act |
(This measure has not been amended since it was reported to the Senate on January 28, 2014. The summary of that version is repeated here.) Sandia Pueblo Settlement Technical Amendment Act - Amends the T'uf Shur Bien Preservation Trust Area Act to require the Secretary of Agriculture (Secretary), at the request of the Sandia Pueblo of New Mexico and the Secretary of the Interior, to transfer certain National Forest land to the Secretary of the Interior to be held in trust for the Pueblo, if a land exchange with the Pueblo required by that Act is not completed within 30 days of this Act's enactment. Requires such National Forest land to remain undeveloped in its natural state. Directs the Secretary of the Interior, with the consent of the Pueblo and after the transfer of the National Forest land is complete, to: (1) transfer to the Secretary the Pueblo's La Luz tract and a conservation easement on its Piedra Lisa tract, and (2) grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract. | S611 ENR: Sandia Pueblo Settlement Technical Amendment 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. 611 IN THE SENATE OF THE UNITED STATES AN ACT To make a technical amendment to the T’uf Shur Bien Preservation Trust Area Act, and for other purposes. 1. Short title This Act may be cited as the Sandia Pueblo Settlement Technical Amendment Act 2. Sandia Pueblo Settlement technical amendment Section 413(b) of the T’uf Shur Bien Preservation Trust Area Act ( 16 U.S.C. 539m–11(b) (1) in the first sentence of paragraph (4), by striking conveyance title to be conveyed (2) by adding at the end the following: (6) Failure to exchange (A) In general If the land exchange authorized under paragraph (1) is not completed by the date that is 30 days after the date of enactment of this paragraph, the Secretary, on request of the Pueblo and the Secretary of the Interior, shall transfer the National Forest land generally depicted as Land to be Held in Trust Sandia Pueblo Settlement Technical Amendment Act (i) subject to the restriction enforced by the Secretary of the Interior that the land remain undeveloped, with the natural characteristics of the land to be preserved in perpetuity; and (ii) consistent with subsection (c). (B) Other transfers After the transfer under subparagraph (A) is complete, the Secretary of the Interior, with the consent of the Pueblo, shall— (i) transfer to the Secretary, consistent with section 411(c)— (I) the La Luz tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act (II) the conservation easement for the Piedra Lisa tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act (ii) grant to the Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract generally depicted on the map entitled Sandia Pueblo Settlement Technical Amendment Act . Speaker of the House of Representatives Vice President of the United States and President of the Senate | Sandia Pueblo Settlement Technical Amendment Act |
Conrad State 30 and Physician Access Act - Amends the Immigration and Nationality Technical Corrections Act of 1994 to make the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program permanent. Excludes from numerical immigration limitations alien physicians who have completed national interest waiver requirements by working in a health care shortage area (including alien physicians who completed such service before the date of enactment of this Act and any spouses or children of such alien physicians). Sets forth specified employment protections and contract requirements for alien physicians working in underserved areas. Increases the number of alien physicians that a state may be allocated from 30 to 35 per fiscal year under specified circumstances. Provides for additional increases or decreases based upon demand. Provides up to three visa waivers per fiscal year per state for physicians in academic medical centers. Permits dual intent for an alien coming to the United States to receive graduate medical education or training, or to take examinations required for graduate medical education or training. Exempts H-1B nonimmigrant aliens seeking to enter the United States to pursue graduate medical education or training from specified entry limitations. | 114 S1189 IS: Conrad State 30 and Physician Access Act U.S. Senate 2015-05-05 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. 1189 IN THE SENATE OF THE UNITED STATES May 5, 2015 Ms. Klobuchar Ms. Heitkamp Mr. Moran Ms. Collins Committee on the Judiciary A BILL To provide incentives to physicians to practice in rural and medically underserved communities and for other purposes. 1. Short title This Act may be cited as the Conrad State 30 and Physician Access Act 2. Conrad State 30 Program Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( Public Law 103–416 8 U.S.C. 1182 and before September 30, 2015 3. Retaining physicians who have practiced in medically underserved communities Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) (F) (i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act (ii) Nothing in this subparagraph may be construed— (I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or (II) to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section 214(l). . 4. Employment protections for physicians (a) In general Section 214(l)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(C) (i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and (ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, if the alien or the alien's employer petitions for such nonimmigrant status or employment authorization not later than 90 days after the date the alien completes his or her graduate medical education or training and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless— (I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; (II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or (III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and . (b) Physician employment in underserved areas Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) (4) If a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) applies for a waiver under paragraph (1)(B) with an interested State agency and the application is denied because the State has requested the maximum number of waivers permitted for that fiscal year, the physician's nonimmigrant status shall be extended for a period of up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an interested State agency whose State has not yet requested the maximum number of waivers. The physician shall be authorized to work only for such interested State agency from the date on which a new waiver application is filed with the State until the date on which the Secretary of Homeland Security denies such waiver or issues work authorization for such employment pursuant to the approval of such waiver. . (c) Contract requirements Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) (5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that— (A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; (B) specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; (C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and (D) does not include a non-compete provision. (6) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph— (A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A). . 5. Allotment of Conrad 30 waivers (a) In general Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) (7) (A) (i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. (ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. (B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case— (i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and (ii) each additional 5-percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30. . (b) Academic medical centers Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) (1) in clause (ii), by striking and (2) in clause (iii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iv) in the case of a request by an interested State agency— (I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (II) the head of such agency determines that— (aa) the alien physician’s work is in the public interest; and (bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3. . 6. Amendments to the procedures, definitions, and other provisions related to physician immigration (a) Dual intent for physicians seeking graduate medical training Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i), except subclause (b1) of such section, and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j)) (b) Allowable visa status for physicians fulfilling waiver requirements in medically underserved areas Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) an alien described in section 101(a)(15)(H)(i)(b). any status authorized for employment under this Act. (c) Physician national interest waiver clarifications (1) Practice and geographic area Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii)(I) (aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or (bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician’s work was or will be in the public interest. . (2) Five-year service requirement Section 203(b)(2)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) is amended— (A) by inserting (aa) (II) (B) by adding at the end the following: (bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. (cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection. (dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition. . (d) Technical clarification regarding advanced degree for physicians Section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent. (e) Short-Term work authorization for physicians completing their residencies A physician completing graduate medical education or training as described in section 212(j) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j) 8 U.S.C. 1101(a)(15)(H)(i) (f) Applicability of section 212( e A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) 8 U.S.C. 1182(e) | Conrad State 30 and Physician Access Act |
Biennial Appropriations Act - Amends the Congressional Budget Act of 1974 to require biennial (instead of annual) appropriations Acts, with the exception of annual defense appropriation bills. Defines the budget biennium as the two consecutive fiscal years beginning on October 1. Requires the committees of the House and Senate with legislative jurisdiction over an agency, in each year that the agency's activities are not required to be funded, to hold a joint oversight hearing on the impact of biennial budgeting on the agency with the corresponding subcommittee of the respective Committee on Appropriations with jurisdiction over the agency. Requires the Director of the Office of Management and Budget (OMB) to: (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on such period, and (2) report the findings to the House and Senate Budget Committees. var spryselect1 = new Spry.Widget.ValidationSelect("spryselect1"); | 114 S385 IS: Biennial Appropriations Act U.S. Senate 2015-02-05 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. 385 IN THE SENATE OF THE UNITED STATES February 5, 2015 Mr. Enzi Mr. Carper Mr. Isakson Mrs. Shaheen Ms. Ayotte Committee on the Budget A BILL To provide for a biennial appropriations process with the exception of defense spending and to enhance oversight and the performance of the Federal Government. 1. Short title This Act may be cited as the Biennial Appropriations Act 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 300. Timetable (a) Timetable (1) In general The timetable with respect to the congressional budget process for any fiscal year is as follows: On or before: Action to be completed: First Monday in February President submits his or her budget. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after President submits budget Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the budget. April 15 Congress completes action on concurrent resolution on the budget. May 15 Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). June 10 House Appropriations Committee reports last appropriation bill to be considered that year as provided in subsection (b). June 15 Congress completes action on reconciliation legislation. June 30 House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1 Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. October 1 Fiscal year begins. (2) Special Rule In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in paragraph (1): On or before: Action to be completed: First Monday in April President submits his or her budget. April 15 Congressional Budget Office submits report to Budget Committees. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the budget. June 1 Congress completes action on concurrent resolution on the budget. July 1 Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). July 20 House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1 Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), the defense appropriation bill, and reconciliation legislation. October 1 Fiscal year begins. (b) Biennial appropriation bills and defense appropriation bill Appropriation bills shall be enacted as follows: (1) Odd-numbered years In odd-numbered years Congress shall consider pursuant to the budget process under this title and enact— (A) an annual defense appropriation bill; and (B) biennial appropriation bills for— (i) Financial Services; (ii) Transportation, Housing and Urban Development; (iii) Interior, Environment; (iv) Labor, Health and Human Services, Education; and (v) Military Construction, Veterans Affairs. (2) Even-numbered years In even-numbered years Congress shall consider pursuant to the budget process in this title and enact— (A) an annual defense appropriation bill; and (B) biennial appropriation bills for— (i) Agriculture; (ii) Commerce, Justice, Science; (iii) Energy and Water; (iv) Homeland Security; (v) Legislative Branch; and (vi) State–Foreign Operations. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Definitions Section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 (12) The term biennium . (b) Committee Allocations Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 (1) in subsection (a)(1), in the matter preceding subparagraph (A)— (A) by inserting and for appropriations for each fiscal year in the biennium and for the first fiscal year of the resolution for defense, for the first fiscal year of the resolution, (B) by striking for that period of fiscal years for all fiscal years covered by the resolution (C) by inserting for defense and for each fiscal year in the biennium for the fiscal year of that resolution (2) in subsection (b), by inserting for defense and the biennium budget year (3) in subsection (f)(2)(A)— (A) by striking the first fiscal year each fiscal year of the biennium (B) by striking the total of fiscal years the total of all fiscal years covered by the resolution 4. Amendments to title 31 (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following: (3) biennium 2 U.S.C. 622(12) . (b) Budget Contents and Submission to the Congress (1) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years (2) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years (3) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (4) Functions and activities Section 1105(a)(12)(A) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (5) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (6) Allowances for uncontrolled expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year each fiscal year in the biennium for which the budget is submitted (7) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (8) Future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year each fiscal year in the biennium following the biennium (B) by striking that following fiscal year each such fiscal year (C) by striking fiscal year before the fiscal year biennium before the biennium (9) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year each of the 2 most recently completed fiscal years, (B) by striking for that year with respect to those fiscal years (C) by striking in that year in those fiscal years (10) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year each of the 2 most recently completed fiscal years (B) by striking for that year with respect to those fiscal years (C) by striking in that year in those fiscal years (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year each even-numbered year (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for each fiscal year in the biennium for (2) by striking the fiscal year for each fiscal year of the biennium, as the case may be, for (3) by striking for that year for each fiscal year of the biennium (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year biennium to which such budget relates 5. Two-year appropriations; title and style of appropriations Acts (a) In general Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) In General (1) Nondefense Except as provided in paragraph (2), the style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). (2) Defense The style and title of Acts making appropriations for the support of defense shall be as follows: An Act making appropriations for defense for fiscal year (here insert the fiscal year). (3) Amounts All Acts making regular appropriations for the support of the Government shall specify the amount of appropriations provided for each fiscal year in such period. (b) Definitions In this section— (1) the term biennium 2 U.S.C. 622(12) (2) Acts described in subsection (a)(1) shall be considered as provided in section 300(b) of the Congressional Budget Act of 1974 ( 2 U.S.C. 631(b) . (b) Technical and conforming amendment The table of sections for chapter 2 105. Title and style of appropriations Acts. . 6. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: 316. Authorizations of appropriations (a) Point of Order It shall not be in order in the House of Representatives or the Senate to consider— (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) for any year, any authorization or revenue bill or joint resolution until Congress completes action on the budget resolution, all appropriations bills to be considered during the year under section 300(b), and all reconciliation bills. (b) Applicability In the Senate, subsection (a) shall not apply to— (1) defense; (2) any measure that is privileged for consideration pursuant to a rule or statute; (3) any matter considered in Executive Session; or (4) an appropriations measure or reconciliation bill. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following: Sec. 316. Authorizations of appropriations. . 7. Congressional oversight (a) In general In each year that the activities of an agency are not required to be funded pursuant to section 300(b) of the Congressional Budget Act of 1974, the committee of the House and the Senate with legislative jurisdiction over that agency shall hold a joint oversight hearing with the corresponding subcommittee of the Committee on Appropriations of their respective House with jurisdiction over the agency. (b) Hearing A hearing required by subsection (a) shall review— (1) the mission of the agency; (2) the impact of biennial budgeting on agency efficiency; (3) the cost savings associated with biennial budgeting; (4) new programs created in the off year of the agency budget; and (5) programs that were terminated in the off year of the agency budget. 8. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) submit to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives a report on the findings of the study. 9. Effective date Except as provided in section 8, this Act and the amendments made by this Act shall take effect on January 1, 2016, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2017. | Biennial Appropriations Act |
Medical Innovation Prize Fund Act - Denies any person the exclusive right to manufacture, distribute, sell, or use in interstate commerce a drug, a biological product, or a drug or biological product manufacturing process, including the exclusive right to rely on health registration data or the 30-month stay-of-effectiveness period for Orange Book patents. Prescribes remuneration, in the form of prize payments from a Fund for Medical Innovation Prizes, in lieu of such market exclusivity. Establishes: (1) the Fund for Medical Innovation Prizes; and (2) a Board of Trustees for such Fund, which shall award prize payments for medical innovation and establish independent expert advisory committees. Directs the Board to award prize payments for medical innovation relating to a drug, a biological product, or a new manufacturing process for a drug or biological product to: (1) the first person to receive market clearance with respect to the drug or biological product; (2) the holder of the patent with respect to a manufacturing process; or (3) persons or communities that as an open source contribution openly shared knowledge, data, materials, and technology on a royalty-free and nondiscriminatory basis. Requires the Board to establish and periodically modify minimum levels of funding for such awards for priority research and development, including global neglected diseases, orphan diseases, and global infectious diseases and other global public health priorities. Allows the Board of Trustees to authorize multiple nonprofit intermediaries to reward projects for interim research and development of products or for open source dividend prizes. Requires the Comptroller General (GAO) to conduct annual audits to determine the Board's effectiveness in bringing to market new drugs, vaccines, biological products, and manufacturing processes in a cost-effective manner and in addressing society's global medical needs. Establishes an annual fee for health insurers to fund this Act. | 115 S495 IS: Medical Innovation Prize Fund Act U.S. Senate 2017-03-02 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 115th CONGRESS 1st Session S. 495 IN THE SENATE OF THE UNITED STATES March 2, 2017 Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To provide incentives for investment in research and development for new medicines, to enhance access to new medicines, and for other purposes. 1. Short title This Act may be cited as the Medical Innovation Prize Fund Act 2. Findings Congress makes the following findings: (1) The development of new medicines and vaccines is necessary to improve health care outcomes. (2) Market exclusivity for new products is an expensive, inefficient, and unfair mechanism to reward investments in new products. (3) By de-linking research and development incentives from product prices, and by eliminating legal monopolies to sell products, it is possible to induce investments that are medically more important, procure products at low prices from competitive suppliers, radically lower pricing barriers for access to new medicines, reduce wasteful marketing and research and development activities, and dramatically lower the overall costs of acquiring innovation, while expanding access to that innovation. (4) By funding innovation prizes at .55 percent of gross domestic product, the United States would provide more than $100,000,000,000 in rewards for successful innovation in 2016. (5) The development of new medicines benefits from greater sharing of knowledge, data, materials, and technologies. 3. Purpose It is the purpose of this Act to provide incentives to encourage entities to invest in research and development of new medicines and to share knowledge, data, materials, and technology, through the establishment of a Medical Innovation Prize Fund, while enhancing access to such medicines by eliminating legal monopolies on the manufacture, distribution, and sale of such medicines. 4. Definitions In this Act: (1) Biological product The term biological product 42 U.S.C. 262 (2) Board The term Board (3) Drug The term drug 21 U.S.C. 321 (4) Fund The term Fund (5) Market clearance The term market clearance 21 U.S.C. 355 42 U.S.C. 262 5. Elimination of exclusive rights to market drugs and biological products (a) In general Notwithstanding title 35, United States Code, relevant provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 Public Law 98–417 Hatch-Waxman Act Public Law 108–173 21 U.S.C. 355a 21 U.S.C. 360aa 21 U.S.C. 355(j) (b) Remuneration A person that is eligible for prize payments from the Fund as provided for in section 9, 10, or 11 shall receive such payments— (1) in lieu of any remuneration the person would have otherwise received for the exclusive marketing, distribution, sale, or use of a drug, biological product, or manufacturing process for a drug or biological product but for the application of subsection (a); and (2) in addition to any other remuneration that such person receives by reason of the nonexclusive marketing, distribution, sale, or use of the drug, biological product, or manufacturing process for a drug or biological product. (c) Application This section shall apply only with respect to the marketing, distribution, sale, or use of a drug, a biological product, or a manufacturing process for a drug or biological product that occurs on or after October 1, 2018. 6. Fund for medical innovation prizes (a) Establishment There is hereby established in the Treasury of the United States a revolving fund to be known as the Fund for Medical Innovation Prizes (b) Availability of funds Amounts in the Fund shall be available to the Board, subject to section 17(c), for the purpose of carrying out this Act. (c) Amounts credited to the Fund The Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale or redemption of, obligations held in the Fund. 7. Board of trustees for the Fund (a) Establishment There is hereby established (as a permanent, independent establishment in the executive branch) a Board of Trustees for the Fund for Medical Innovation Prizes. (b) Membership The Board shall be composed of 13 members, including— (1) the Administrator of the Centers for Medicare & Medicaid Services; (2) the Commissioner of Food and Drugs; (3) the Director of the National Institutes of Health; (4) the Director of the Centers for Disease Control and Prevention; and (5) 9 individuals to be appointed by the President, with the advice and consent of the Senate, of which— (A) 2 shall be representatives of businesses that provide health insurance to employees; (B) 2 shall be representatives of entities that provide health insurance and contribute to the co-funding of the Fund for Medical Innovation Prizes under section 17; (C) 2 shall be representatives of the medical research and development sector, including at least 1 representative of the nonprofit private medical research and development sector; and (D) 3 shall be representatives of consumer and patient interests, including at least one representative of patients suffering from orphan diseases. (c) Terms (1) In general Except as provided in paragraph (2), each member appointed to the Board under subsection (b)(5) shall be appointed for a term of 4 years. (2) Terms of initial appointees As designated by the President at the time of appointment, of the members first appointed to the Board under subsection (b)(5)— (A) 5 members shall be appointed for a term of 4 years; and (B) 4 members shall be appointed for a term of 2 years. (d) Vacancies Any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member of the Board may serve after the expiration of that member's term until a successor has taken office. (e) Compensation and travel expenses (1) Compensation Members of the Board shall each be paid not less than the daily equivalent of level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of the duties of the Board. (2) Travel expenses Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (f) Chairperson; Officers The members of the Board shall elect a Chairperson and any other officers of the Board. The Chairperson and any such officers shall be elected for a term of 2 years. (g) Staff The Board may appoint and fix the pay of such additional personnel as the Board considers appropriate. The staff of the Board shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (h) Experts and consultants The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. 8. Powers and duties of the Board (a) Duties The Board shall— (1) award prize payments for medical innovation in accordance with this Act; and (2) submit a report to the Congress under section 16. (b) Powers of Board (1) Hearings and sessions (A) In general The Board 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 Board considers appropriate. (B) First meeting Not later than 30 days after the initial members of the Board are appointed under section 7(b)(5) and confirmed, the Board shall conduct its first meeting. (2) Policies and procedures (A) In general Not later than 1 year after the initial members of the Board are appointed under section 7(b)(5) and confirmed, the Board shall establish such policies and procedures as may be appropriate to carry out this Act. (B) Majority vote The policies and procedures of the Board shall require that any determination of the Board be made by not less than a majority vote of the members of the Board. (C) Administrative procedures The policies and procedures of the Board shall comply with subchapter II of chapter 5 (D) Transparency The policies and procedures of the Board shall— (i) comply with sections 552 and 552b of title 5, United States Code (commonly referred to as the Freedom of Information Act Government in the Sunshine Act (ii) ensure that the proceedings and deliberations of the Board are transparent and are supported by a description of the methods, data sources, assumptions, outcomes, and related information that will allow the public to understand how the Board reaches its criteria-setting and award decisions. (3) Expert advisory committees To assist the Board in carrying out this Act, the Board shall establish independent expert advisory committees, including committees on the following: (A) Economic evaluation of therapeutic benefits. (B) Business models and incentive structures for innovation. (C) Research and development priorities. (D) Orphan diseases. (E) Financial control and auditing. (F) Open source biomedical science. (4) Powers of members and agents Any member or agent of the Board may, if authorized by the Board, take any action which the Board is authorized to take under this Act. (5) Mails The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 9. Prize payments for medical innovation (a) Award For fiscal year 2019, and each subsequent fiscal year, the Board shall award to persons described in subsection (b) prize payments for medical innovation relating to a drug, a biological product, or a new manufacturing process for a drug or biological product. (b) Eligibility To be eligible to receive a prize payment under subsection (a) for medical innovation relating to a drug, a biological product, or a manufacturing process, a person shall be— (1) in the case of a drug or biological product, the first person to receive market clearance with respect to the drug or biological product; (2) in the case of a manufacturing process, the holder of the patent with respect to such process; or (3) in the case of open source contributions, the persons or communities that openly shared knowledge, data, materials, and technology on a royalty-free and nondiscriminatory basis. (c) Criteria The Board shall, by regulation, establish criteria for the selection of recipients, and for determining the amount, of prize payments under this section. Such criteria shall include consideration of the following: (1) The number of patients who would benefit from the drug, biological product, or manufacturing process involved, including (in cases of global neglected diseases, global infectious diseases, and other global public health priorities) the number of non-United States patients. (2) The incremental therapeutic benefit of the drug, biological product, or manufacturing process involved as compared to existing drugs, biological products, and manufacturing processes available to treat the same disease or condition, except that the Board shall provide for cases where drugs, biological products, or manufacturing processes are developed at roughly the same time, so that the comparison is to products that were not recently developed. (3) The degree to which the drug, biological product, or manufacturing process involved addresses priority health care needs, including— (A) current and emerging global infectious diseases; (B) severe illnesses with small client populations (such as indications for which orphan designation has been granted under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb (C) neglected diseases that primarily afflict the poor in developing countries. (4) Improved efficiency of manufacturing processes for drugs or biological processes. (5) The extent to which knowledge, data, materials and technology that are openly shared have contributed to the successful development of new products or improved processes for manufacturing products. (6) In the case of antibiotics or other products for which drug resistance is a significant public health problem, the expected life cycle benefits of the antibiotic or other product, with appropriate adjustments that reward the conservation of the resources, taking into account drug resistance that is related to use of the product. (7) In the case of products used in stockpiles for potential threats to the public health, the risk adjusted benefits of stockpiling the products. (d) Requirements In awarding prize payments under this section, the Board shall comply with the following: (1) In cases where a new drug, biological product, or manufacturing process offers an improvement over an existing drug, biological product, or manufacturing process and the new drug, biological product, or manufacturing process competes with or replaces the existing drug, biological product, or manufacturing process, the Board shall continue to make prize payments for the existing drug, biological product, or manufacturing process to the degree that the new drug, biological product, or manufacturing process was based on or benefitted from the development of the existing drug, biological product, or manufacturing process. (2) The Board may not make prize payments based on the identity of the person who manufactures, distributes, sells, or uses the drug, biological product, or manufacturing process involved. (3) The Board may award prize payments for a drug, a biological product, or a manufacturing process for not more than 10 fiscal years, regardless of the term of any related patents. (4) For any fiscal year, the Board may not award a prize payment for any single drug, biological product, or manufacturing process in an amount that exceeds 5 percent of the total amount appropriated to the Fund for that year. (5) For every drug or biological product that receives market clearance, the Board shall determine whether and in what amount to award a prize payment for the drug or biological product not later than the end of the fourth full calendar-year quarter following the calendar-year quarter in which the drug or biological product receives market clearance. 10. Prizes for priority research and development (a) Minimum levels of funding For fiscal year 2019, and each subsequent fiscal year, the Board shall establish and may periodically modify minimum levels of funding under section 9 for priority research and development. (b) Initial minimum levels Of the amount appropriated to the Fund for a fiscal year, the Board shall use (subject to the establishment or modification of an applicable minimum level of funding under subsection (a)) not less than— (1) 4 percent of such amount for global neglected diseases; (2) 10 percent of such amount for orphan diseases; and (3) 4 percent of such amount for global infectious diseases and other global public health priorities, including research on AIDS, AIDS vaccines, and medicines for responding to bioterrorism. (c) Public input; recommendations The advisory committee on research and development priorities (established pursuant to section 8(b)(3)) shall— (1) solicit public input on research and development priorities; and (2) periodically recommend to the Board modifications in the minimum levels of funding for prizes for priority research and development under this section. (d) Procedures The Board shall adopt procedures to establish and periodically modify minimum levels of funding under section 9 for priority research and development. 11. Open source dividend prizes (a) In general In order to induce greater access and the open sharing of knowledge, data, materials and technology, at least 5 percent of the prize payments from the Fund shall be dedicated to Open Source Dividend prizes. (b) Procedures (1) In general The Board of Trustees shall adopt procedures for the allocation of Open Source Dividend prizes. Such procedures shall— (A) be fully transparent regarding the process for evaluating the value of open sharing of knowledge, data, materials, and technology; (B) reward the open, nondiscriminatory and royalty-free sharing of knowledge, data, materials, and technology that has contributed to the development of the new drugs, biological products, or manufacturing processes that are rewarded under sections 9 and 10; (C) in the case of rewards for contributing to the development of new drugs, biological products, or manufacturing processes rewarded under sections 9 and 10, provide for a time-limited period of nominations for persons or communities whose contributions were considered useful, including the evidence to support such nominations to describe the significance of the contribution; and (D) provide for rules and procedures to protect against conflicts of interest. (2) Public availability of nominations The nominations described in paragraph (1)(C), and the evidence supporting such nominations, shall be public. The public shall be allowed to provide commentary and additional evidence on such nominations before awards are made. 12. Competitive intermediaries for funding interim technologies (a) In general The Board of Trustees may authorize multiple nonprofit intermediaries to reward projects for interim research and development of products, or for open source dividend prizes. Such intermediaries shall compete for funding from non-Federal entities that co-fund the Fund. (b) Availability Prizes awarded by competitive intermediaries shall be available to persons or communities that provide open, nondiscriminatory and royalty-free licenses to relevant intellectual property rights. (c) Rules The Board of Trustees shall adopt rules to ensure the transparency and accountability of any entities authorized to act as competitive intermediaries under subsection (a). 13. Special transition rules (a) In general A drug or biological product that is on the market on October 1, 2018, shall remain eligible for prize payments for not more than 10 fiscal years, consistent with section 9(d)(3). (b) Determination of value In determining the amount of a prize payment for a drug or biological product described in subsection (a), the Board shall calculate the incremental value of the drug or biological product as of the date on which the drug or biological product was first introduced in the market. (c) Maximum amount With respect to drugs and biological products described in subsection (a), the Board may award— (1) of the amount appropriated to the Fund for fiscal year 2019, not more than 90 percent of such amount; and (2) of the amount appropriated to the Fund for each of the succeeding 9 fiscal years, not more than a percentage of such amount that is equal to 9 percent less the percentage applicable to the preceding fiscal year under this subsection. 14. Arbitration In the case of a drug that is on the market on October 1, 2018, and subject to patents owned by a party other than the person who first received market clearance for the drug, the Board shall establish an arbitration procedure to determine an equitable division of any prize payments under this Act among the patent owners and the person who first received market clearance for the drug. 15. Annual audits by GAO (a) Audits The Comptroller General of the United States shall conduct an audit of the Board every fifth fiscal year following the date of enactment of this Act to determine the effectiveness of the Board— (1) in bringing to market drugs, vaccines and other biological products, and new manufacturing processes for medicines in a cost-effective manner; and (2) in addressing society's medical needs, including global neglected diseases that afflict primarily the poor in developing countries, indications for which orphan designation has been granted under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb (b) Reports The Comptroller General of the United States shall submit a report to the Congress concerning the results of each audit conducted under subsection (a). 16. Report to Congress Not later than 1 year after the date of the enactment of this Act, the Board shall submit to Congress a report containing the findings, conclusions, and recommendations of the Board concerning the implementation and administration of this Act, including recommendations for such legislative and administrative action as the Board determines to be appropriate. 17. Funding (a) Appropriations (1) Start-up costs For fiscal year 2019, there are authorized to be appropriated to the Fund, such sums as may be necessary to carry out this Act. (2) Program implementation For fiscal year 2019 and each subsequent fiscal year, there is appropriated to the Fund, out of any funds in the Treasury not otherwise appropriated, an amount equal to the amount that is .55 percent of the gross domestic product of the United States for the preceding fiscal year (as such amount is determined by the Secretary of Commerce). (b) Availability Funds appropriated to the Fund for a fiscal year shall remain available for expenditure in accordance with this Act until the end of the 3-year period beginning on October 1 of such fiscal year. Any such funds that are unexpended at the end of such period shall revert to the Treasury. 18. Imposition of annual fee on health insurance providers (a) Imposition of fee (1) In general Each covered entity engaged in the business of providing health insurance shall pay to the Secretary not later than the annual payment date of each calendar year beginning after 2018 a fee in an amount determined under subsection (b). (2) Annual payment date For purposes of this section, the term annual payment date (b) Determination of fee amount With respect to each covered entity, the fee under this section for any calendar year shall be equal to the amount determined under section 17(a)(2), multiplied by the ratio of the covered entity’s net premiums written with respect to health insurance for any United States health risk taken into account under subsection (c) during the preceding calendar year, to— (1) the sum of net premiums for all covered entities; and (2) all Federal outlays on health insurance or reimbursement of health care costs, excluding the costs of long-term care. (c) Amounts taken into account For purposes of subsection (b), the net premiums written with respect to health insurance for any United States health risk that are taken into account during any calendar year with respect to any covered entity shall be determined as follows: (1) With respect to a covered entity’s net premiums written during the calendar year that are not more than $25,000,000, the percentage of net premiums written that are taken into account is 0 percent. (2) With respect to a covered entity’s net premiums written during the calendar year that are more than $25,000,000 but less than $50,000,000, the percentage of net premiums written that are taken into account is 50 percent. (3) With respect to a covered entity’s net premiums written during the calendar year that are $50,000,000 or more, the percentage of net premiums written that are taken into account is 100 percent. (d) Covered entity (1) In general For purposes of this section, the term covered entity (2) Exclusion Such term does not include any governmental entity. | Medical Innovation Prize Fund Act |
Healthy Families Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least 1 hour of paid sick time for every 30 hours worked. Declares that an employer shall not be required to permit an employee to earn more than 56 hours of paid sick time in a calendar year, unless the employer chooses to set a higher limit. Allows employees to use such time to: (1) meet their own medical needs; (2) care for the medical needs of certain family members (including a domestic partner or the domestic partner's parent or child); or (3) seek medical attention, assist a related person, take legal action, or engage in other specified activities relating to domestic violence, sexual assault, or stalking. Prohibits an employer from interfering with an employee's exercise of such rights. Directs the Secretary of Labor to exercise certain investigative and enforcement authority for employees covered by the Family and Medical Leave Act of 1993 or the Government Employee Rights Act of 1991. Grants the same authority, for employees under their jurisdiction, to the Librarian of Congress, the Comptroller General (GAO), the Board of Directors of the congressional Office of Compliance, and the Merit Systems Protection Board. Authorizes civil actions by employees, individuals, or their representatives for damages or equitable relief against employers who violate this Act. Waives a state's sovereign immunity with respect to a suit brought by an employee of a federally-assisted state program or activity for relief authorized under this Act. Requires the Commissioner of Labor Statistics to annually compile information on paid sick time and the Comptroller General to study related matters. Declares that nothing in this Act shall be construed to discourage employers from adopting or retaining more generous leave policies. | 114 S497 IS: Healthy Families Act U.S. Senate 2015-02-12 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 114th CONGRESS 1st Session S. 497 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mrs. Murray Mrs. Gillibrand Mr. Sanders Mr. Coons Ms. Mikulski Ms. Warren Mr. Murphy Mr. Casey Mr. Whitehouse Mr. Franken Mr. Durbin Mr. Brown Mr. Heinrich Ms. Baldwin Mr. Booker Ms. Hirono Mr. Merkley Mr. Peters Mr. Blumenthal Mr. Markey Mr. Leahy Committee on Health, Education, Labor, and Pensions A BILL To allow Americans to earn paid sick time so that they can address their own health needs and the health needs of their families. 1. Short title This Act may be cited as the Healthy Families Act 2. Findings Congress makes the following findings: (1) Working Americans need time to meet their own health care needs and to care for family members. The absence of paid sick time has forced Americans to make untenable choices between needed income and jobs on the one hand and caring for their own and their family’s health on the other. It is in the national interest to ensure that all Americans can care for their own health and the health of their families while prospering at work. (2) Nearly 40 percent of the private sector workforce, and 11 percent of the public sector workforce, lacks paid sick time. Another 4,000,000 theoretically have access to sick time, but have not been on the job long enough to use it. Millions more lack sick time they can use to care for a sick child or ill family member. (3) A 2012 study published by BioMed Central Public Health of results of the National Health Interview Survey found that lack of paid sick leave is a barrier to receiving cancer screenings and preventive care. (4) When parents cannot afford to miss work and must send children with contagious illnesses to child care centers or schools, infection can spread rapidly through child care centers and schools. (5) A 2012 study published in the American Journal of Public Health found that a lack of workplace policies like paid sick days contributed to an additional 5,000,000 cases of influenza-like illness during the H1N1 pandemic of 2009. (6) A 2011 study by the Institute for Women’s Policy Research found that a universal paid sick days policy would reduce preventable visits to the emergency room and result in cost savings of $1,100,000,000 per year, including $500,000,000 in savings for public health insurance like Medicaid. (7) A 2009 study by the Center for Economic and Policy Research found that, of 22 countries with comparable economies, the United States was 1 of only 3 countries that did not provide any paid time off for workers with short-term illnesses. (8) The American Productivity Audit completed in 2003 found that lost productivity due to illness costs $226,000,000,000 annually, and that 71 percent of that cost stems from presenteeism, the practice of employees coming to work despite illness. Studies in the Journal of Occupational and Environmental Medicine, the Employee Benefit News, and the Harvard Business Review show that presenteeism is a larger productivity drain than either absenteeism or short-term disability. (9) Working while sick also increases a worker's probability of suffering an injury on the job. A 2012 study published by the American Journal of Public Health found that workers with access to paid sick leave were 28 percent less likely than workers without paid sick leave to suffer nonfatal occupational injuries. (10) (A) Workers’ access to paid sick time varies dramatically by wage level. (B) For private sector workers— (i) for workers in the lowest quartile of earners, 70 percent lack paid sick time; (ii) for workers in the next 2 quartiles, 36 and 27 percent, respectively, lack paid sick time; and (iii) even for workers in the highest quartile, 13 percent lack paid sick time. (C) For public sector workers— (i) for workers in the lowest quartile of earners, 26 percent lack paid sick time; (ii) for workers in the next 2 quartiles, 7 percent lack paid sick time; and (iii) for workers in the highest quartile, 2 percent lack paid sick time. (11) Nearly 1 in 3 American women report physical or sexual abuse by a husband or boyfriend at some point in their lives. Domestic violence also affects men. Women account for about 85 percent of the victims of domestic violence and men account for approximately 15 percent of the victims. Therefore, women disproportionately need time off to care for their health or to find solutions, such as obtaining a restraining order or finding housing, to avoid or prevent physical or sexual abuse. (12) Without paid sick days that can be used to address the effects of domestic violence, these victims are in grave danger of losing their jobs. One survey found that 96 percent of employed domestic violence victims experienced problems at work related to the violence. The Government Accountability Office similarly found that 24 to 52 percent of victims report losing a job due, at least in part, to domestic violence. The loss of employment can be particularly devastating for victims of domestic violence, who often need economic security to ensure safety. (13) The Centers for Disease Control and Prevention has estimated that domestic violence costs over $700,000,000 annually due to the victims' lost productivity in employment. (14) Efforts to assist abused employees result in positive outcomes for employers as well as employees because employers can retain workers who might otherwise be compelled to leave. 3. Purposes The purposes of this Act are— (1) to ensure that working Americans can address their own health needs and the health needs of their families by requiring employers to permit employees to earn up to 56 hours of paid sick time including paid time for family care; (2) to diminish public and private health care costs by enabling workers to seek early and routine medical care for themselves and their family members; (3) to assist employees who are, or whose family members are, victims of domestic violence, sexual assault, or stalking, by providing the employees with paid time away from work to allow the victims to receive treatment and to take the necessary steps to ensure their protection; (4) to address the historical and persistent widespread pattern of employment discrimination on the basis of gender by both private and public sector employers; (5) to accomplish the purposes described in paragraphs (1) through (4) in a manner that is feasible for employers; and (6) consistent with the provision of the 14th Amendment to the Constitution relating to equal protection of the laws, and pursuant to Congress' power to enforce that provision under section 5 of that Amendment— (A) to accomplish the purposes described in paragraphs (1) through (4) in a manner that minimizes the potential for employment discrimination on the basis of sex by ensuring generally that paid sick time is available for eligible medical reasons on a gender-neutral basis; and (B) to promote the goal of equal employment opportunity for women and men. 4. Definitions In this Act: (1) Child The term child (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability. (2) Domestic partner (A) In general The term domestic partner (B) Committed relationship defined The term committed relationship (3) Domestic violence The term domestic violence 42 U.S.C. 13925(a) jurisdiction receiving grant monies (4) Employee The term employee (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 (5) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) means a smaller employer, as defined in subparagraph (C), to which the special rule in paragraph (3) of section 5(a) applies; (III) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (IV) includes any public agency 29 U.S.C. 203(x) (V) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(IV), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce commerce industry affecting commerce (II) Employee The term employee 29 U.S.C. 203(e) (III) Person The term person 29 U.S.C. 203(a) (C) Smaller employer The term smaller employer (D) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (6) Employment benefits The term employment benefits employee benefit plan Employee Retirement Income Security Act of 1974 29 U.S.C. 1002(3) (7) Health care provider The term health care provider (A) (i) is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (ii) is any other person determined by the Secretary to be capable of providing health care services; and (B) is not employed by an employer for whom the provider issues certification under this Act. (8) Paid sick time The term paid sick time (9) Parent The term parent (10) Secretary The term Secretary (11) Sexual assault The term sexual assault 42 U.S.C. 13925(a) (12) Spouse The term spouse (13) Stalking The term stalking 42 U.S.C. 13925(a) (14) State The term State 29 U.S.C. 203 (15) Unpaid sick time The term unpaid sick time (16) Victim services organization The term victim services organization 5. Earned paid sick time (a) Earning of paid sick time (1) In general An employer shall provide each employee employed by the employer not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in subsection (b). An employer shall not be required to permit an employee to earn, under this section, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. (2) Exempt employees (A) In general Except as provided in paragraph (4), for purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) (B) Shorter normal workweek If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal workweek. (3) Special rule for smaller employers A smaller employer may provide paid sick time as provided under paragraph (1) but if such smaller employer opts not to do so, the smaller employer shall provide not fewer than 56 hours of unpaid sick time to each employee per year to be used for the same purposes and under the same conditions as set out in this Act. The provision and earning of unpaid sick time shall be treated in all respects the same as the provision and earning of paid sick time under this Act. References in this Act to paid sick time shall, with respect to smaller employers, be deemed to be references to unpaid sick time. (4) Dates for beginning to earn paid sick time and use Employees shall begin to earn paid sick time under this section at the commencement of their employment. An employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. (5) Carryover (A) In general Except as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 year to the next. (B) Construction This Act shall not be construed to require an employer to permit an employee to earn more than 56 hours of earned paid sick time at a given time. (6) Employers with existing policies Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection (b) shall not be required to permit an employee to earn additional paid sick time under this section. (7) Construction Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (8) Reinstatement If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer. (9) Prohibition An employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time. (b) Uses Paid sick time earned under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); (B) in the case of someone who is a child, is required to attend a school meeting or a meeting at a place where the child is receiving care necessitated by the child’s health condition or disability; or (C) is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a related person described in paragraph (3) in obtaining services from a victim services organization; (C) obtain or assist a related person described in paragraph (3) in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Scheduling An employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer. (d) Procedures (1) In general Paid sick time shall be provided upon the oral or written request of an employee. Such request shall— (A) include the expected duration of the period of such time; (B) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; and (C) otherwise, be provided as soon as practicable after the employee is aware of the need for such period. (2) Certification in general (A) Provision (i) In general Subject to subparagraph (C), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (3) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays. (ii) Timeliness The employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification. (B) Sufficient certification (i) In general A certification provided under subparagraph (A) shall be sufficient if it states— (I) the date on which the period of time will be needed; (II) the probable duration of the period of time; (III) the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (ii); and (IV) (aa) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; (bb) for purposes of such time under subsection (b)(2), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (cc) for purposes of such time under subsection (b)(3), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such subsection, and an estimate of the amount of time that such care is needed for such individual. (ii) Limitation In issuing a certification under subparagraph (A), a health care provider shall make reasonable efforts to limit the medical facts described in clause (i)(III) that are disclosed in the certification to the minimum necessary to establish a need for the employee to utilize paid sick time. (C) Regulations Regulations prescribed under section 14 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. (D) Confidentiality and nondisclosure (i) Protected health information Nothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act 42 U.S.C. 1320d–6 42 U.S.C. 1320d–2 (ii) Health information records If an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(3), such information shall— (I) be maintained on a separate form and in a separate file from other personnel information; (II) be treated as a confidential medical record; and (III) not be disclosed except to the affected employee or with the permission of the affected employee. (3) Certification in the case of domestic violence, sexual assault, or stalking (A) In general An employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by any 1 of the following forms of documentation, but the employer may not specify the particular form of documentation to be provided: (i) A police report indicating that the employee, or a member of the employee's family described in subsection (b)(4), was a victim of domestic violence, sexual assault, or stalking. (ii) A court order protecting or separating the employee or a member of the employee's family described in subsection (b)(4) from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee or a member of the employee's family described in subsection (b)(4) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the employee or a member of the employee's family described in subsection (b)(4) is a victim of domestic violence, sexual assault, or stalking. (B) Requirements The requirements of paragraph (2) shall apply to certifications under this paragraph, except that— (i) subclauses (III) and (IV) of subparagraph (B)(i) and subparagraph (B)(ii) of such paragraph shall not apply; (ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (iii) with respect to confidentiality under subparagraph (D) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is— (I) requested or consented to in writing by the employee; or (II) otherwise required by applicable Federal or State law. 6. Notice requirement (a) In general Each employer shall notify each employee and include in any employee handbook the information described in paragraphs (1) through (4). Each employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 14, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including— (1) information describing paid sick time available to employees under this Act; (2) information pertaining to the filing of an action under this Act; (3) the details of the notice requirement for a foreseeable period of time under section 5(d)(1)(B); and (4) information that describes— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 8) if any of the rights are violated. (b) Location The notice described under subsection (a) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; or (2) in employee handbooks. (c) Violation; penalty Any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed $100 for each separate offense. 7. Prohibited acts (a) Interference with rights (1) Exercise of rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B) using the taking of paid sick time or unpaid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or (C) counting the paid sick time or unpaid sick time under a no-fault attendance policy or any other absence control policy. (2) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (c) Construction Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 8. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee (B) the term employer (2) Investigative authority (A) In general To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) (B) Obligation to keep and preserve records An employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) (C) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 7 (including a violation relating to rights provided under section 5) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 7 (including a violation relating to rights provided under section 5) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 7 (including a willful violation relating to rights provided under section 5), such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 7 (including a violation relating to rights provided under section 5), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (c) Employees covered by chapter 5 3 The powers, remedies, and procedures provided in chapter 5 (d) Employees covered by chapter 63 5, The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 4(4)(E). (e) Remedies for State employees (1) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Applicability With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity In this subsection, the term program or activity 42 U.S.C. 2000d–4a 9. Authorization of appropriations for education and outreach There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary in order that the Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this Act. 10. Collection of data on paid sick time and further study (a) Compilation of information The Commissioner of Labor Statistics shall annually compile information on the following: (1) The amount of paid and unpaid sick time available to employees by occupation and type of employment establishment. (2) An estimate of the average sick time used by employees according to occupation and the type of employment establishment. (b) GAO study Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to evaluate the implementation of this Act. Such study shall include an estimation of employees’ access to paid sick time, employees’ awareness of their rights under this Act, and employers’ experiences complying with this Act. Such study shall take into account access, awareness and experiences of employees by race, ethnicity, gender, and occupation. (c) Report Upon completion of the study required by subsection (b), the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the results of the study and the information compiled pursuant to subsection (a). 11. Effect on other laws (a) Federal and State antidiscrimination laws Nothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status. (b) State and local laws Nothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act. 12. Effect on existing employment benefits (a) More protective Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective The rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan. 13. Encouragement of more generous leave policies Nothing in this Act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this Act. 14. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in subparagraph (A) or (B) of section 4(4) and other individuals affected by employers described in subclause (I) or (II) of section 4(5)(A)(i). (2) Government Accountability Office; Library of Congress The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 3 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(4)(D) and other individuals affected by employers described in section 4(5)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 5 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(4)(E) and other individuals affected by employers described in section 4(5)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. 15. Effective dates (a) Effective date This Act shall take effect 6 months after the date of issuance of regulations under section 14(a)(1). (b) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the effective date prescribed by subsection (a), this Act shall take effect on the earlier of— (1) the date of the termination of such agreement; or (2) the date that occurs 18 months after the date of issuance of regulations under section 14(a)(1). | Healthy Families Act |
Palliative Care and Hospice Education and Training Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants or contracts for the establishment or operation of Palliative Care and Hospice Education Centers. Requires such Centers to: (1) improve the training of health professionals in palliative care for individuals with serious or life-threatening illnesses; (2) develop and disseminate related curricula; (3) support the training and retraining of faculty to provide instruction in palliative care; (4) support continuing education of health professionals who provide palliative care; (5) provide students with clinical training in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; and (6) establish traineeships for individuals preparing for advanced education nursing degrees in palliative care. Authorizes the Secretary to make grants to and enter into contracts with schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs to provide support for projects that fund the training of physicians who plan to teach palliative medicine. Directs the Secretary to: (1) establish a program to provide Palliative Medicine and Hospice Academic Career Awards to eligible individuals; (2) award grants or contracts to entities that operate a Palliative Care and Hospice Education Center; (3) award incentive grants or contracts to advanced practice nurses, clinical social workers, pharmacists, chaplains, or students of psychology pursuing an advanced degree in palliative care or related fields; and (4) award grants to schools of nursing, health care facilities, or programs leading to certification as a certified nurse assistant to develop and implement programs and initiatives to train individuals in providing palliative care in health-related educational, hospice, home, or long-term care settings. | 114 S2748 IS: Palliative Care and Hospice Education and Training Act U.S. Senate 2016-04-05 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 2d Session S. 2748 IN THE SENATE OF THE UNITED STATES April 5, 2016 Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to increase the number of permanent faculty in palliative care at accredited allopathic and osteopathic medical schools, nursing schools, social work schools, and other programs, including physician assistant education programs, to promote education and research in palliative care and hospice, and to support the development of faculty careers in academic palliative medicine. 1. Short title This Act may be cited as the Palliative Care and Hospice Education and Training Act 2. Findings Congress makes the following findings: (1) Health care providers need better education about pain management and palliative care. Students graduating from medical school have very little, if any, training in the core precepts of pain and symptom management, advance care planning, communication skills, and care coordination for patients with serious, life-threatening, or terminal illness. (2) Palliative care is interdisciplinary, patient- and family-centered health care for people with serious illnesses. This type of care is focused on providing patients with relief from the symptoms, pain, and stress of a serious illness, whatever the diagnosis. The goal of palliative care is to relieve suffering and improve quality of life for both patients and their families. Palliative care is provided by a team of doctors, nurses, social workers, physician assistants, chaplains, and other specialists who work with a patient’s other health care providers to provide an extra layer of support, including assistance with difficult medical decisionmaking and coordination of care among specialists. Palliative care is appropriate at any age and at any stage in a serious illness, and can be provided together with curative treatment. Palliative care is not dependent on a life-limiting prognosis and may actually help an individual recover from illness by relieving symptoms, such as pain, anxiety, or loss of appetite, while undergoing sometimes difficult medical treatments or procedures, such as surgery or chemotherapy. In 2013, 1,744 United States hospitals with 50 or more beds had a palliative care program. (3) Hospice is palliative care for patients in their last year of life. Considered the model for quality compassionate care for individuals facing a life-limiting illness, hospice provides expert medical care, pain management, and emotional and spiritual support expressly tailored to the patient’s needs and wishes. In most cases, care is provided in the patient’s home but may also be provided in freestanding hospice centers, hospitals, nursing homes, and other long-term care facilities. In 2012, an estimated 1,500,000 to 1,600,000 patients received services from hospice, including non-Medicare beneficiaries. Nearly 45 percent of all deaths in the United States in 2011 occurred under the care of a hospice program. Hospice is a covered benefit under the Medicare program. There were 3,782 Medicare-certified hospices serving more than 1,200,000 Medicare beneficiaries in 2012. (4) Despite a high intensity of medical treatment, many seriously ill patients experience troubling symptoms, unmet psychological and personal care needs, and high caregiver burden. Numerous studies have shown that adding palliative care can improve pain and symptom control, quality of life, and family satisfaction with care. (5) A 2005 study at Michigan State University found that the formal training of United States doctors in palliative care is grossly inadequate (6) The American Board of Medical Specialties and the Accreditation Council for Graduate Medical Education provided formal subspecialty status for hospice and palliative medicine in 2006, and the Centers for Medicare & Medicaid Services recognized hospice and palliative medicine as a medical subspecialty in October of 2008. (7) As of April 2015, there were a total of 106 hospice and palliative medicine training programs accredited by the Accreditation Council for Graduate Medical Education. For the 2014–2015 academic year, these programs were training 265 physicians in hospice and palliative medicine. Some programs include an additional track in research, geriatrics, pediatrics, or public health. (8) There is a large gap between the number of physicians practicing in the palliative medicine field and the number of physicians needed in the field. A mid-range estimate by the Workforce Task Force of the American Academy of Hospice and Palliative Medicine calls for 6,000 or more full-time equivalents to serve current needs in hospice and palliative care programs. At maximum capacity, the current system would produce roughly 5,300 new hospice and palliative medicine certified physicians over the next 20 years, during which time some 70,000,000 new Medicare beneficiaries will enter the Medicare program. At the same time, there is expected to be increasing acceptance of the hospice and palliative approach to care among the general population and health care providers. (9) According to the Institute of Medicine, there is a need for better understanding of the role of palliative care among both the public and professionals across the continuum of care so that hospice and palliative care can achieve their full potential for patients and their families 3. Palliative care and hospice education and training (a) In general Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. 759A. Palliative care and hospice education and training (a) Palliative care and hospice education centers (1) In general The Secretary shall award grants or contracts under this section to entities described in paragraph (1), (3), or (4) of section 799B, and section 801(2), for the establishment or operation of Palliative Care and Hospice Education Centers that meet the requirements of paragraph (2). (2) Requirements A Palliative Care and Hospice Education Center meets the requirements of this paragraph if such Center— (A) improves the training of health professionals in palliative care, including residencies, traineeships, or fellowships; (B) develops and disseminates curricula relating to the palliative treatment of the complex health problems of individuals with serious or life-threatening illnesses; (C) supports the training and retraining of faculty to provide instruction in palliative care; (D) supports continuing education of health professionals who provide palliative care to patients with serious or life-threatening illness; (E) provides students (including residents, trainees, and fellows) with clinical training in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; (F) establishes traineeships for individuals who are preparing for advanced education nursing degrees, social work degrees, or advanced degrees in physician assistant studies, with a focus in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; and (G) does not duplicate the activities of existing education centers funded under this section or under section 753 or 865. (3) Expansion of existing centers Nothing in this section shall be construed to— (A) prevent the Secretary from providing grants to expand existing education centers, including geriatric education centers established under section 753 or 865, to provide for education and training focused specifically on palliative care, including for non-geriatric populations; or (B) limit the number of education centers that may be funded in a community. (b) Palliative medicine physician training (1) In general The Secretary may make grants to, and enter into contracts with, schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs, for the purpose of providing support for projects that fund the training of physicians (including residents, trainees, and fellows) who plan to teach palliative medicine. (2) Requirements Each project for which a grant or contract is made under this subsection shall— (A) be staffed by full-time teaching physicians who have experience or training in palliative medicine; (B) be based in a hospice and palliative medicine fellowship program accredited by the Accreditation Council for Graduate Medical Education; (C) provide training in palliative medicine through a variety of service rotations, such as consultation services, acute care services, extended care facilities, ambulatory care and comprehensive evaluation units, hospice, home health, and community care programs; (D) develop specific performance-based measures to evaluate the competency of trainees; and (E) provide training in palliative medicine through one or both of the training options described in subparagraphs (A) and (B) of paragraph (3). (3) Training options The training options referred to in subparagraph (E) of paragraph (2) are as follows: (A) 1-year retraining programs in hospice and palliative medicine for physicians who are faculty at schools of medicine and osteopathic medicine, or others determined appropriate by the Secretary. (B) 1- or 2-year training programs that are designed to provide training in hospice and palliative medicine for physicians who have completed graduate medical education programs in any medical specialty leading to board eligibility in hospice and palliative medicine pursuant to the American Board of Medical Specialties. (4) Definitions For purposes of this subsection the term graduate medical education (A) offers postgraduate medical training in the specialties and subspecialties of medicine; and (B) has been accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association through its Committee on Postdoctoral Training. (c) Palliative medicine and hospice academic career awards (1) Establishment of program The Secretary shall establish a program to provide awards, to be known as the Palliative Medicine and Hospice Academic Career Awards (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be board certified or board eligible in hospice and palliative medicine; and (B) have a junior (non-tenured) faculty appointment at an accredited (as determined by the Secretary) school of medicine or osteopathic medicine. (3) Limitations No award under paragraph (1) may be made to an eligible individual unless the individual— (A) has submitted to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, and the Secretary has approved such application; (B) provides, in such form and manner as the Secretary may require, assurances that the individual will meet the service requirement described in paragraph (6); and (C) provides, in such form and manner as the Secretary may require, assurances that the individual has a full-time faculty appointment in a health professions institution and documented commitment from such institution to spend a majority of the total funded time of such individual on teaching and developing skills in interdisciplinary education in palliative care. (4) Maintenance of effort An eligible individual who receives an award under paragraph (1) shall provide assurances to the Secretary that funds provided to the eligible individual under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the eligible individual. (5) Amount and term (A) Amount The amount of an award under this subsection shall be equal to the award amount provided for under section 753(c)(5)(A) for the fiscal year involved. (B) Term The term of an award made under this subsection shall not exceed 5 years. (C) Payment to institution The Secretary shall make payments for awards under this subsection to institutions, including schools of medicine and osteopathic medicine. (6) Service requirement An individual who receives an award under this subsection shall provide training in palliative care and hospice, including the training of interdisciplinary teams of health care professionals. The provision of such training shall constitute a majority of the total funded obligations of such individual under the award. (d) Palliative care workforce development (1) In general The Secretary shall award grants or contracts under this subsection to entities that operate a Palliative Care and Hospice Education Center pursuant to subsection (a)(1). (2) Application To be eligible for an award under paragraph (1), an entity described in such paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds Amounts awarded under a grant or contract under paragraph (1) shall be used to carry out the fellowship program described in paragraph (4). (4) Fellowship program (A) In general Pursuant to paragraph (3), a Palliative Care and Hospice Education Center that receives an award under this subsection shall use such funds to offer short-term intensive courses (referred to in this subsection as a fellowship (B) Location A fellowship under this paragraph shall be offered either at the Palliative Care and Hospice Education Center that is sponsoring the course, in collaboration with other Palliative Care and Hospice Education Centers, or at medical schools, schools of nursing, schools of pharmacy, schools of social work, schools of chaplaincy or pastoral care education, graduate programs in psychology, physician assistant education programs, or other health professions schools approved by the Secretary with which the Centers are affiliated. (C) Continuing education credit Participation in a fellowship under this paragraph shall be accepted with respect to complying with continuing health profession education requirements. As a condition of such acceptance, the recipient shall subsequently provide a minimum of 18 hours of voluntary instruction in palliative care content (that has been approved by a palliative care and hospice education center) to students or trainees in health-related educational, home, hospice, or long-term care settings. (5) Targets A Palliative Care and Hospice Education Center that receives an award under this subsection shall meet targets approved by the Secretary for providing palliative care training to a certain number of faculty or practitioners during the term of the award, as well as other parameters established by the Secretary. (6) Amount of award Each award under this subsection shall be in the amount of $150,000. Not more than 24 Palliative Care and Hospice Education Centers may receive an award under this subsection. (7) Maintenance of effort A Palliative Care and Hospice Education Center that receives an award under this subsection shall provide assurances to the Secretary that funds provided to the Center under the award will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by such Center. (e) Palliative care and hospice career incentive awards (1) In general The Secretary shall award grants or contracts under this subsection to individuals described in paragraph (2) to foster greater interest among a variety of health professionals in entering the field of palliative care. (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be an advanced practice nurse, a social worker, physician assistant, pharmacist, chaplain, or student of psychology who is pursuing a doctorate, masters, or other advanced degree with a focus in palliative care or related fields in an accredited health professions school; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Conditions of award As a condition of receiving an award under this subsection, an individual shall agree that, following completion of the award period, the individual will teach or practice palliative care in health-related educational, home, hospice, or long-term care settings for a minimum of 5 years under guidelines established by the Secretary. (4) Payment to institution The Secretary shall make payments for awards under this subsection to institutions which include schools of medicine, osteopathic medicine, nursing, social work, psychology, chaplaincy or pastoral care education, dentistry, and pharmacy, or other allied health discipline in an accredited health professions school or program (such as a physician assistant education program) that is approved by the Secretary. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $44,100,000 for each of the fiscal years 2016 through 2020. . (b) Effective date The amendment made by this section shall be effective beginning on the date that is 90 days after the date of enactment of this Act. 4. Hospice and palliative nursing (a) Preference for grants or awards for nursing workforce development projects Section 805 of the Public Health Service Act ( 42 U.S.C. 296d (1) by striking or help help (2) by inserting the following before the period at the end: , or for education and training in hospice and palliative nursing (b) Advanced education nursing grants Section 811 of the Public Health Service Act ( 42 U.S.C. 296j (1) in subsection (a)— (A) in paragraph (1), by striking and (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1), the following new paragraph: (2) palliative care and hospice career incentive awards under section 759A(e); and ; and (2) in subsection (g)(2), by inserting or for education and training in hospice and palliative nursing section 332 (c) Nurse education, practice, and quality grants Section 831 of the Public Health Service Act ( 42 U.S.C. 296p (1) in subsection (a)— (A) by striking or (B) by striking the period at the end of paragraph (2) and inserting ; or (C) by adding at the end the following new paragraph: (3) education and training in hospice and palliative nursing. ; and (2) in subsection (b)(3), by inserting hospice and palliative nursing, coordinated care, (d) Nurse retention grants Section 831A of the Public Health Service Act ( 42 U.S.C. 296p–1 (1) in subsection (c)(2), by inserting , and to applicants with programs that include initiatives to train nurses in hospice and palliative nursing (2) in subsection (d), by inserting , and to train nurses in hospice and palliative nursing (e) Additional palliative care and hospice education and training programs Part D of title VIII of the Public Health Service Act ( 42 U.S.C. 296p et seq. 832. Palliative care and hospice education and training (a) Program authorized The Secretary shall award grants to eligible entities to develop and implement, in coordination with programs under section 759A, programs and initiatives to train and educate individuals in providing palliative care in health-related educational, hospice, home, or long-term care settings. (b) Use of funds An eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to individuals who will provide palliative care in health-related educational, home, hospice, or long-term care settings; (2) develop and disseminate curricula relating to palliative care in health-related educational, home, hospice, or long-term care settings; (3) train faculty members in palliative care in health-related educational, home, hospice, or long-term care settings; or (4) provide continuing education to individuals who provide palliative care in health-related educational, home, hospice, or long-term care settings. (c) Application An eligible entity desiring 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. (d) Eligible entity For purposes of this section, the term eligible entity (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 5. National palliative care education and awareness campaign Part A of title IX of the Public Health Service Act ( 42 U.S.C. 299 et seq. 904. National palliative care education and awareness campaign (a) In general Under the authority under section 902(a) to disseminate information on health care and on systems for the delivery of such care, the Director shall provide for the planning and implementation of a national education and awareness campaign to inform patients, families, and health professionals about the benefits of palliative care throughout the continuum of care for patients with serious or life-threatening illness. (b) Information disseminated (1) Mandatory information The campaign under subsection (a) shall include dissemination of the following: (A) Palliative care Information, resources, and communication materials about palliative care as an essential part of the continuum of quality care for patients and families facing serious or life-threatening illness (including cancer; heart, kidney, liver, lung, and infectious diseases; as well as neurodegenerative disease such as dementia, Parkinson’s disease, or amyotrophic lateral sclerosis). (B) Palliative care services Specific information regarding the services provided to patients by professionals trained in hospice and palliative care, including pain and symptom management, support for shared decisionmaking, care coordination, psychosocial care, and spiritual care, explaining that such services may be provided starting at the point of diagnosis and alongside curative treatment and are intended to— (i) provide patient-centered and family-centered support throughout the continuum of care for serious and life-threatening illness; (ii) anticipate, prevent, and treat physical, emotional, social, and spiritual suffering; (iii) optimize quality of life; and (iv) facilitate and support the goals and values of patients and families. (C) Palliative care professionals Specific materials that explain the role of professionals trained in hospice and palliative care in providing team-based care (including pain and symptom management, support for shared decisionmaking, care coordination, psychosocial care, and spiritual care) for patients and families throughout the continuum of care for serious or life-threatening illness. (D) Research Evidence-based research demonstrating the benefits of patient access to palliative care throughout the continuum of care for serious or life-threatening illness. (E) Population-specific materials Materials shall be developed that target specific populations, including patients with serious or life-threatening illness who are among medically underserved populations (as defined in section 330(b)(3)) and families of such patients or health professionals serving medically underserved populations. Such populations shall include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Director. (2) Other information In addition to the information described in paragraph (1), such campaign may include dissemination of such other information as the Director determines to be relevant. (3) Information format The information and materials required to be disseminated under paragraph (1) and any information disseminated under paragraph (2) shall be presented in a variety of formats (such as posted online, in print, and through public service announcements). (4) Required publication The information and materials required to be disseminated under paragraph (1) and any information disseminated under paragraph (2) shall be posted on the Internet Web sites of relevant Federal agencies and Departments, including the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, the Administration on Aging, the Centers for Disease Control and Prevention, and the Department of Veterans Affairs. (c) Consultation The Director shall consult with appropriate professional societies, hospice and palliative care stakeholders, and relevant patient advocate organizations with respect to palliative care, psychosocial care, and complex chronic illness with respect to the following: (1) The planning and implementation of the national palliative care education and awareness campaign under this section. (2) The development of information to be disseminated under this section. (3) A definition of the term serious or life-threatening illness . 6. Enhancing NIH research in palliative care (a) In general Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. 409K. Enhancing research in palliative care (a) In general The Secretary, acting through the Director of the National Institutes of Health, shall develop and implement a strategy to be applied across the institutes and centers of the National Institutes of Health to expand national research programs in palliative care. (b) Research programs The Director of the National Institutes of Health shall expand and intensify research programs in palliative care to address the quality of care and quality of life for the rapidly growing population of patients in the United States with serious or life-threatening illnesses, including cancer; heart, kidney, liver, lung, and infectious diseases; as well as neurodegenerative disease such as dementia, Parkinson’s disease, or amyotrophic lateral sclerosis. . (b) Expanding trans-NIH research reporting To include palliative care research Section 402A(c)(2)(B)(i) of the Public Health Service Act ( 42 U.S.C. 282a(c)(2)(B)(i) and, beginning January 1, 2017, for conducting or supporting research with respect to palliative care or national centers | Palliative Care and Hospice Education and Training Act |
No Stolen Trademarks Honored in America Act - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (under current law, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated. | 114 S757 IS: No Stolen Trademarks Honored in America Act U.S. Senate 2015-03-17 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 114th CONGRESS 1st Session S. 757 IN THE SENATE OF THE UNITED STATES March 17, 2015 Mr. Nelson Mr. Burr Committee on the Judiciary A BILL To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names. 1. Short title This Act may be cited as the No Stolen Trademarks Honored in America Act 2. Modification of prohibition Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 (1) in subsection (a)(2)— (A) by striking by a designated national (B) by inserting before the period that was used in connection with a business or assets that were confiscated unless the original owner of the mark, trade name, or commercial name, or the bonafide successor-in-interest has expressly consented (2) in subsection (b), by striking by a designated national or its successor-in-interest (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated. ; and (5) in subsection (e), as so redesignated, by striking In this section: (2) The term In this section, the term | No Stolen Trademarks Honored in America Act |
Never Contract With the Enemy Act - (Sec. 2) Directs the Secretary of Defense, in conjunction with the Director of National Intelligence and in consultation with the Secretary of State, to establish in each covered combatant command (i.e., the U.S. Africa Command, Central Command, European Command, Pacific Command, and Southern Command) a program to identify persons and entities within the area of responsibility of such command that: (1) provide funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency to a person or entity that is actively opposing U.S. or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities (covered person or entity); or (2) fail to exercise due diligence to ensure that none of such funds are provided to a covered person or entity. Requires written notification of the identification of a covered person or entity to the head of an executive agency or the commander of a covered command, who shall then notify the heads of contracting activities or other appropriate officials. Requires the revision of applicable procurement regulations to: (1) authorize the head of contracting activity of an executive agency, upon receiving notice of a covered person or entity, to restrict, terminate, or void the award of contracts, grants, or cooperative agreements that would provide funds to such covered person or entity; (2) require the inclusion of a clause in each covered contract, grant, or cooperative agreement requiring the recipient of funds to exercise due diligence to ensure that funds are not provided to a covered person or entity; and (3) require written notification to a contractor or recipient of a grant or cooperative agreement of an action to restrict, terminate, or void a grant, contract, or cooperative agreement and permit such contractor or recipient to challenge such action by requesting an administrative review. Defines "covered contract, grant, or cooperative agreement" as a contract, grant, or cooperative agreement with an estimated value in excess of $50,000 that is performed outside the United States. Requires the Secretary of Defense to review annually the lists of previously identified covered persons and entities to determine whether such persons or entities warrant further identification as such. Requires the Director of the Office of Management and Budget (OMB), not later than March 1 of 2016, 2017, and 2018, to submit to specified congressional committees a report on the use of authority under this Act to identify covered persons or entities. Provides that nothing in this Act shall apply to the authorized intelligence or law enforcement activities of the U.S. government. Terminates the provisions of this section on December 31, 2019. (Sec. 3) Requires the revision of applicable procurement regulations to allow for inclusion of a clause in each covered contract, grant, and cooperative agreement authorizing an executive agency head to examine any records of the recipient upon a written determination that funds under the contract, grant, or cooperative agreement have been provided to a covered person or entity. Requires the OMB Director, not later than March 1 of 2016, 2017, and 2018, to submit a report on the use of such authority to examine records in the preceding calendar year. | 113 S675 RS: Never Contract With the Enemy Act U.S. Senate 2013-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 485 113th CONGRESS 2d Session S. 675 [Report No. 113–216] IN THE SENATE OF THE UNITED STATES April 9, 2013 Ms. Ayotte Mr. Blumenthal Mr. Roberts Mr. Chambliss Mr. Moran Mr. Manchin Mr. Boozman Mr. Burr Mrs. Shaheen Mr. Vitter Committee on Homeland Security and Governmental Affairs July 23, 2014 Reported by Mr. Carper Strike out all after the enacting clause and insert the part printed in italic A BILL To prohibit contracting with the enemy. 1. Short title This Act may be cited as the Never Contract With the Enemy Act 2. Prohibition on contracting with the enemy (a) Statement of policy It shall be the policy of the United States that executive agencies shall not contract with the enemy or with a person or entity that has been identified as providing funds received under a contract, grant, or cooperative agreement directly or indirectly to an enemy of the United States or otherwise supporting those who are actively opposing the United States or coalition forces in a contingency operation. (b) Authority To terminate or void contracts, grants, and cooperative agreements and To restrict future award (1) In general Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to provide that, upon notice from a Senior Procurement Executive or the commander of a geographic combatant command under subsection (e)(3), the head of contracting activity of an executive agency may do the following: (A) If the notice is that a person or entity has been identified as providing funds received under a contract, grant, or cooperative agreement of the executive agency directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation— (i) either— (I) terminate for default the contract, grant, or cooperative agreement; or (II) void the contract, grant, or cooperative agreement in whole or in part; and (ii) restrict the future award to the person or entity so identified of contracts, grants, or cooperative agreements of the executive agency. (B) If the notice is that the person or entity has failed to exercise due diligence to ensure that none of the funds received under a contract, grant, or cooperative agreement of the executive entity are provided directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation, terminate for default the contract, grant, or cooperative agreement. (2) Treatment as void For purposes of this section: (A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy. (B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement. (c) Contract clause (1) In general Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that— (A) the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this Act; and (B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of an executive agency that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2), other than the matter provided for in subparagraph (A) of that paragraph. (2) Clause described The clause described in this paragraph is a clause that— (A) requires the contractor, or the recipient of the grant or cooperative agreement, to certify in connection with entry into the contract, grant, or cooperative agreement that the contractor or recipient, as the case may be, has never knowingly provided funds directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise knowingly supported those who are actively opposing United States or coalition forces in a contingency operation; (B) requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation; and (C) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part, as provided in subsection (b). (3) Covered contract, grant, or cooperative agreement In this subsection, the term covered contract, grant, or cooperative agreement (d) Requirements following contract actions Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as follows: (1) To require that any head of contracting activity taking an action under subsection (b) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action. (2) To permit, in such manner as the Federal Acquisition Regulation as so revised shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken under subsection (b) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to contest the action within 30 days of receipt of notice of the action. (e) Identification of supporters of the enemy (1) Identification Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and each Senior Procurement Executive shall carry out a program to use available intelligence (including information made available pursuant to subsection (g)(1)) to— (A) either— (i) in the case of the geographic combatant commands, review persons and entities who receive United States funds through contracts, grants, and cooperative agreements performed for such commands in their areas of responsibility; or (ii) in the case of the Senior Procurement Executives, review persons and entities who receive United States funds through contracts, grants, and cooperative agreements performed for their agencies; and (B) identify any such persons and entities who are providing funds received under a contract, grant, or cooperative agreement of an executive agency directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation. (2) Discharge by DoD through commanders of combatant commands The Secretary of Defense shall carry out the program required by paragraph (1) through the commanders of the geographic combatant commands. (3) Notification of contracting activities If a Senior Procurement Executive or the commander of a geographic combatant command, acting pursuant to a program required by paragraph (1), identifies a person or entity as actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation, the Senior Procurement Executive or commander, as the case may be, shall notify the heads of contracting activities of the executive agencies in writing of such identification. Any written notification pursuant to this paragraph shall be made in accordance with procedures established to implement the revisions to the Federal Acquisition Regulation required by this section. (4) Annual review As part of the programs required by paragraph (1), the Senior Procurement Executives and the commanders of the geographic combatant commands shall, on an annual basis, review the lists of persons and entities previously covered by a notice under paragraph (3) as having been identified pursuant to paragraph (1)(B) in order to determine whether or not such persons and entities continue to warrant identification pursuant to paragraph (1)(B). If a Senior Procurement Executive or commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to paragraph (1)(B), the Senior Procurement Executive or commander, as the case may be, shall notify the heads of contracting activities of the executive agencies in writing of such determination. (5) Protection of classified information Classified information relied upon to make an identification in accordance with this subsection may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (b), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed. (f) Delegation of certain responsibilities (1) Responsibility to identify and provide notice A Senior Procurement Executive may delegate the responsibilities in paragraphs (1), (3), and (4) of subsection (e) to the designated deputy of such Executive. The commander of a geographic combatant command may delegate the responsibilities in such paragraphs to the deputy commander of that combatant command. Any delegation of responsibilities under this paragraph shall be made in writing. (2) Nondelegation of responsibility for contract actions The authority provided by subsection (b) to terminate, void, or restrict contracts, grants, and cooperative agreements may not be delegated below the level of head of contracting activity. (g) Additional responsibilities of executive agencies (1) Dissemination of information on supporters of the enemy The Secretary of Defense and the Administrator for Federal Procurement Policy shall jointly carry out a program through which the contracting activities of the executive agencies may provide information to Senior Procurement Executives and the commanders of the geographic combatant commands relating to persons or entities who may be providing funds received under contracts, grants, or cooperative agreements of the executive agencies directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation. The program shall be designed to facilitate and encourage the sharing of information between executive agencies and the geographic combatant commands. (2) Inclusion of information on contract actions in FAPIIS Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement of an executive agency under subsection (b), the head of contracting activity of the executive agency shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System (FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction, as the case may be, of the contract, grant, or cooperative agreement. (3) Reports The head of contracting activity that receives a notice pursuant to subsection (e)(3) shall submit to the Senior Procurement Executives and the commanders of the geographic combatant commands a report on the action, if any, taken by the head of contracting activity pursuant to subsection (b), including a determination not to terminate, void, or restrict the contract, grant, or cooperative agreement as otherwise authorized by subsection (b). (h) Reports (1) In general Not later than March 1 each year, the Secretary of Defense shall, in consultation with the heads of other executive agencies, submit to the appropriate committees of Congress a report on the use of the authorities in this section in the preceding calendar year, including the following: (A) For each instance in which an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (b), the following: (i) The executive agency taking such action. (ii) An explanation of the basis for the action taken. (iii) The value of the contract, grant, or cooperative agreement voided or terminated. (iv) The value of all contracts, grants, or cooperative agreements of the executive agency in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided. (B) For each instance in which an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (b) as requested pursuant to subsection (e)(3), the following: (i) The executive agency concerned. (ii) An explanation why the action was not taken. (2) Form Any report under this subsection may be submitted in classified form. (i) Other definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. (2) The term combatant command (3) The term contingency operation (4) The term enemy of the United States (A) Any person or organization determined by the Secretary of Defense or the Secretary of State to be hostile to United States forces or interests or providing support to any person or organization hostile to United States forces or interests during the time of a declared war, peacekeeping operation, or other military or contingency operation. (B) Any organization designated as a terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (5) The term executive agency (6) The term head of contracting activity (7) The term Senior Procurement Executive section 1702 (j) Coordination with current authorities applicable to CENTCOM (1) Repeal of superseded authority Effective 30 days after the date of the enactment of this Act, section 841 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (2) Use of superseded authorities in discharge of requirements In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose requirements and procedures established by the Secretary for purposes of the discharge of the requirements of section 841 of the National Defense Authorization Act for Fiscal Year 2012. 1. Short title This Act may be cited as the Never Contract With the Enemy Act 2. Prohibition on providing funds to the enemy (a) Identification of persons and entities The Secretary of Defense shall, in conjunction with the Director of National Intelligence and in consultation with the Secretary of State, establish in each covered combatant command a program to identify persons and entities within the area of responsibility of such command that— (1) provide funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency directly or indirectly to a covered person or entity; or (2) fail to exercise due diligence to ensure that none of the funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency are provided directly or indirectly to a covered person or entity. (b) Notice of identified persons and entities (1) Notice Upon the identification of a person or entity as being described by subsection (a), the head of an executive agency (or the designee of such head) or the commander of a covered combatant command (or the specified deputies of the commander) shall be notified, in writing, of such identification of the person or entity. (2) Responsive actions Upon receipt of a notice under paragraph (1), the head of an executive agency (or the designee of such head) or the commander of a covered combatant command (or the specified deputies of the commander) may notify the heads of contracting activities, or other appropriate officials of the agency or command, in writing of such identification. (3) Making of notifications Any written notification pursuant to this subsection shall be made in accordance with procedures established to implement the revisions of regulations required by this section. (c) Authority to terminate or void contracts, grants, and cooperative agreements and to restrict future award Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Account Requirements for Federal Awards shall be revised to provide that, upon notice from the head of an executive agency (or the designee of such head) or the commander of a covered combatant command (or the specified deputies of the commander) pursuant to subsection (b), the head of contracting activity of an executive agency, or other appropriate official, may do the following: (1) Restrict the award of contracts, grants, or cooperative agreements of the executive agency concerned upon a written determination by the head of contracting activity or other appropriate official that the contract, grant, or cooperative agreement would provide funds received under such contract, grant, or cooperative agreement directly or indirectly to a covered person or entity. (2) Terminate for default any contract, grant, or cooperative agreement of the executive agency concerned upon a written determination by the head of contracting activity or other appropriate official that the contractor, or the recipient of the grant or cooperative agreement, has failed to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a covered person or entity. (3) Void in whole or in part any contract, grant, or cooperative agreement of the executive agency concerned upon a written determination by the head of contracting activity or other appropriate official that the contract, grant, or cooperative agreement provides funds directly or indirectly to a covered person or entity. (d) Clause (1) In general Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Account Requirements for Federal Awards shall be revised to require that— (A) the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date that is 270 days after the date of the enactment of this Act; and (B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of an executive agency that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2). (2) Clause described The clause described in this paragraph is a clause that— (A) requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds, including goods and services, received under the contract, grant, or cooperative agreement are provided directly or indirectly to a covered person or entity; and (B) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity, or other appropriate official, to terminate or void the contract, grant, or cooperative agreement, in whole or in part, as provided in subsection (c). (3) Treatment as void For purposes of this section: (A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy. (B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement. (4) Public comment The President shall ensure that the process for amending regulations required by paragraph (1) shall include an opportunity for public comment, including an opportunity for comment on standards of due diligence required by this Act. (e) Requirements following contract actions Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Account Requirements for Federal Awards shall be revised as follows: (1) To require that any head of contracting activity, or other appropriate official, taking an action under subsection (c) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action. (2) To permit the contractor or recipient of a grant or cooperative agreement subject to an action taken under subsection (c) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to challenge the action by requesting an administrative review of the action under the procedures of the executive agency concerned not later than 30 days after receipt of notice of the action. (f) Annual review; protection of classified information (1) Annual review The Secretary of Defense, in conjunction with the Director of National Intelligence and in consultation with the Secretary of State shall, on an annual basis, review the lists of persons and entities previously covered by a notice under subsection (b) as having been identified as described by subsection (a) in order to determine whether or not such persons and entities continue to warrant identification as described by subsection (a). If a determination is made pursuant to such a review that a person or entity no longer warrants identification as described by subsection (a), the Secretary of Defense shall notify the head of an executive agency (or designee) or commander (or deputy), as the case may be, in writing of such determination. (2) Protection of classified information Classified information relied upon to make an identification in accordance with subsection (a) may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (c), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed. (g) Delegation of certain responsibilities (1) Combatant command responsibilities The commander of a covered combatant command may delegate the responsibilities in this section to any deputies of the commander specified by the commander for purposes of this section. Any delegation of responsibilities under this paragraph shall be made in writing. (2) Nondelegation of responsibility for certain actions The authority provided by subsection (c) to terminate, void, or restrict contracts, grants, and cooperative agreements, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements. (h) Additional responsibilities of executive agencies (1) Sharing of information on supporters of the enemy The Secretary of Defense shall, in consultation with the Director of the Office of Management and Budget, carry out a program through which agency components may provide information to heads of executive agencies (or the designees of such heads) and the commanders of the covered combatant commands (or the specified deputies of the commanders) relating to persons or entities who may be providing funds, including goods and services, received under contracts, grants, or cooperative agreements of the executive agencies directly or indirectly to a covered person or entity. The program shall be designed to facilitate and encourage the sharing of risk and threat information between executive agencies and the covered combatant commands. (2) Inclusion of information on contract actions in fapiis and other systems Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement of an executive agency under subsection (c), the head of contracting activity of the executive agency shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System (FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction, as the case may be, of the contract, grant, or cooperative agreement. (3) Reports The head of contracting activity that receives a notice pursuant to subsection (b) shall submit to the head of the executive agency (or designee) concerned or the appropriate covered combatant command, as the case may be, a report on the action, if any, taken by the head of contracting activity pursuant to subsection (c), including a determination not to terminate, void, or restrict the contract, grant, or cooperative agreement as otherwise authorized by subsection (c). (i) Reports (1) In general Not later than March 1 of 2016, 2017, and 2018, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress a report on the use of the authorities in this section in the preceding calendar year, including the following: (A) For each instance in which an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b), the following: (i) The executive agency taking such action. (ii) An explanation of the basis for the action taken. (iii) The value of the contract, grant, or cooperative agreement voided or terminated. (iv) The value of all contracts, grants, or cooperative agreements of the executive agency in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided. (B) For each instance in which an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b), the following: (i) The executive agency concerned. (ii) An explanation why the action was not taken. (2) Form Any report under this subsection may, at the election of the Director— (A) be submitted in unclassified form, but with a classified annex; or (B) be submitted in classified form. (j) National security exception Nothing in this section shall apply to the authorized intelligence or law enforcement activities of the United States Government. (k) Construction with other authorities Except as provided in subsection (l), the authorities in this section shall be in addition to, and not to the exclusion of, any other authorities available to executive agencies to implement policies and purposes similar to those set forth in this section. (l) Coordination with current authorities (1) Repeal of superseded authority related to CENTCOM Effective 270 days after the date of the enactment of this Act, section 841 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 2313 (2) Repeal of superseded authority related to Department of Defense Effective 270 days after the date of the enactment of this Act, section 831 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 2302 (3) Use of superseded authorities in discharge of requirements In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose the regulations and procedures established for purposes of the discharge of the requirements of section 841 of the National Defense Authorization Act for Fiscal Year 2012 and section 831 of the National Defense Authorization Act for Fiscal Year 2014. (m) Sunset The provisions of this section shall cease to be effective on December 31, 2019. 3. Additional access to records (a) Contracts, grants, and cooperative agreements (1) In general Not later than 270 days after the date of the enactment of this Act, applicable regulations shall be revised to provide that the clause described in paragraph (2) may, as appropriate, be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this Act. (2) Clause The clause described in this paragraph is a clause authorizing the head of the executive agency concerned, upon a written determination pursuant to paragraph (3), to examine any records of the contractor, the recipient of a grant or cooperative agreement, or any subcontractor or subgrantee under such contract, grant, or cooperative agreement to the extent necessary to ensure that funds, including goods and services, available under the contract, grant, or cooperative agreement are not provided directly or indirectly to a covered person or entity. (3) Written determination The authority to examine records pursuant to the contract clause described in paragraph (2) may be exercised only upon a written determination by the contracting officer or comparable official responsible for a grant or cooperative agreement, upon a finding by the commander of a covered combatant command (or the specified deputies of the commander) or the head of an executive agency (or the designee of such head) that there is reason to believe that funds, including goods and services, available under the contract, grant, or cooperative agreement concerned may have been provided directly or indirectly to a covered person or entity. (4) Flowdown A clause described in paragraph (2) may also be included in any subcontract or subgrant under a covered contract, grant, or cooperative agreement if the subcontract or subgrant has an estimated value in excess of $50,000. (b) Reports (1) In general Not later than March 1 of 2016, 2017, and 2018, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress a report on the use of the authority provided by this section in the preceding calendar year. (2) Elements Each report under this subsection shall identify, for the calendar year covered by such report, each instance in which an executive agency exercised the authority provided under this section to examine records, explain the basis for the action taken, and summarize the results of any examination of records so undertaken. (3) Form Any report under this subsection may be submitted in classified form. (c) Coordination with current authorities applicable to CENTCOM (1) Repeal of superseded authority Effective 270 days after the date of the enactment of this Act, section 842 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 2302 (2) Use of superseded authorities in discharge of requirements In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose requirements and procedures established by the Secretary for purposes of the discharge of the requirements of section 842 of the National Defense Authorization Act for Fiscal Year 2012. 4. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Contingency operation The term contingency operation section 101(a)(13) (3) Contract The term contract (4) Covered combatant command The term covered combatant command (A) The United States Africa Command. (B) The United States Central Command. (C) The United States European Command. (D) The United States Pacific Command. (E) The United States Southern Command. (5) Covered contract, grant, or cooperative agreement defined The term covered contract, grant, or cooperative agreement (6) Covered person or entity The term covered person or entity (7) Executive agency The term executive agency section 133 (8) Head of contracting activity The term head of contracting activity July 23, 2014 Reported with an amendment | Never Contract With the Enemy Act |
Offshore Fairness Act - Amends the Submerged Lands Act to extend the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia to a line three marine leagues (currently, three geographic miles) distant from the coast line. Directs the Secretary of the Interior to: (1) notify such states of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at such a state's request, convey to the applicable state the interest of the United States in and to such land. Prohibits states conveyed such land from imposing: (1) burdens or requirements on an interest owner that would be stricter than any federal burdens or requirements, and (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than any federal administrative or judicial penalty or sanction. Declares submerged land within the seaward boundaries of such states to be subject to federal oil and gas mineral rights and to be considered part of the federal outer continental shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Prohibits this Act from affecting any federal oil and gas lease in effect on the date of the land conveyance. Excludes from specified requirements and prohibitions any interest in the expanded submerged land that is granted by the state after the date on which the land is conveyed. Authorizes such states to exercise their sovereign taxation powers within the entire extent of the extended seaward boundaries. Prohibits this Act from affecting a state's authority to tax any federal oil and gas lease in effect on the date of enactment of this Act. Directs the Secretary of Commerce to grant such states exclusive fishery management authority over: (1) reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land, (2) red snapper fish in designated areas until the state's governor certifies that the stock assessments of the National Oceanic and Atmospheric Administration (NOAA) are accurate and based on sound science. | 114 S55 IS: Offshore Fairness Act U.S. Senate 2015-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 55 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter Committee on Energy and Natural Resources A BILL To extend the seaward boundaries of certain States, and for other purposes. 1. Short title This Act may be cited as the Offshore Fairness Act 2. Definitions In this Act: (1) Coast line The term coast line (2) Existing interest The term existing interest (3) Expanded seaward boundary The term expanded seaward boundary (4) Expanded submerged land The term expanded submerged land (5) Interest owner The term interest owner (6) Secretary The term Secretary (7) State The term State 3. Seaward boundaries of certain States (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 (1) by striking The (a) In general Except for the States described in subsection (b), the ; and (2) by adding at the end the following: (b) Seaward boundaries of certain coastal States Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act (1) Alabama. (2) Florida. (3) Georgia. (4) Louisiana. (5) Mississippi. (6) North Carolina. (7) South Carolina. (8) Virginia. . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 (1) in subsection (a)(2), by inserting , or 3 marine leagues distant from the coast line of a State described in section 4(b), the coast line of each such State (2) in subsection (b)— (A) by striking from the coast line (B) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), three geographical miles (C) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), three marine leagues 4. Conveyance (a) In general Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act— (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State— (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from— (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. 5. Effect (a) In general Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged land Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be— (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. (3) subject to— (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act ( 43 U.S.C. 1337(g)(2) (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (c) Existing leases (1) In general The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future interests This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation (1) In general Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 6. Jurisdiction of Gulf Coastal States with respect to Gulf of Mexico red snapper (a) Definitions In this section: (1) Exclusive economic zone The term exclusive economic zone 16 U.S.C. 1802 (2) Gulf coastal state The term Gulf coastal State (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (b) Jurisdiction For purposes of management of Gulf of Mexico red snapper, on approval by each of the Gulf coastal States of a fishery management plan applicable to the Gulf coastal States that provides for the sustainability of Gulf of Mexico red snapper, the Gulf coastal States shall have exclusive fishery management authority to manage and conserve the Gulf of Mexico red snapper in adjacent coastal waters of the applicable Gulf coastal State and extending through the exclusive economic zone. (c) National Oceanic and Atmospheric Administration The Administrator of the National Oceanic and Atmospheric Administration shall provide financial assistance to the Gulf coastal States for the conduct of any necessary stock assessments and data collection relating to Gulf of Mexico red snapper under subsection (b). | Offshore Fairness Act |
Mni Wiconi Project Act Amendments of 2013 - (Sec. 2) Amends the Mni Wiconi Project Act of 1988 to direct the Secretary of the Interior (Secretary) to develop plans for completing, and to enter into agreements with specified agency heads to complete, the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. Requires such plans to require: (1) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; (2) the improvement, repair, and replacement of existing water systems; and (3) the transfer of those existing water systems to the United States, to be held in trust for the applicable tribe and made part of the applicable rural water system. Requires the Secretary to enter into agreements with the Administrator of the Environmental Protection Agency (EPA), the Secretary of Agriculture (USDA), the Secretary of Health and Human Services (HHS), and the Secretary of Housing and Urban Development (HUD) to fulfill the trust responsibility of the United States and to complete such water systems in accordance with such Report, including the transfer of existing water systems, as set forth in such plans. Requires: (1) the Administrator to assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge, Rosebud, and Lower Brule Indian Reservations; (2) the HHS Secretary to assist the Secretary in meeting the water supply and public health needs of such Reservations; (3) the HUD Secretary to assist the Secretary by carrying out projects to connect houses that are eligible for funding from HUD on the Oglala, Rosebud, and Lower Brule Sioux Reservations through plumbing, water pipes, appurtenances, and interconnections to the applicable water systems to meet water conservation standards; (4) the Secretary and the Secretary of Agriculture to complete, within 15 years, the livestock distribution systems for the Oglala and Rosebud Sioux water systems; and (5) the Director of the Bureau of Indian Affairs (BIA) to assist the Secretary in completing the Oglala, Rosebud, and Lower Brule Sioux water systems by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features to ensure that houses within the service areas are able to meet the standards for connecting to those systems. (Sec. 3) Authorizes appropriations under such Act for planning, design, and construction and for operation and maintenance of such water systems. Requires that, within 15 years of the date on which existing public or tribal water systems on the Pine Ridge, Rosebud, and Lower Brule Indian Reservations have been brought up to the standards for the water systems established in such plans, title to each of the water systems be transferred to the United States, to be held in trust for the benefit of the applicable tribe, upon request of the tribe and the owner of the water system. Directs the Secretary to use authorized appropriations for the improvement, repair, and replacement of any water system that is so transferred or that is proposed, by request of the owner of the water system, to be so transferred and improved. (Sec. 4) Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $15 million. | 113 S684 ES: Mni Wiconi Project Act Amendments of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 684 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Mni Wiconi Project Act of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System, and for other purposes. 1. Short title This Act may be cited as the Mni Wiconi Project Act Amendments of 2013 2. Other agency assistance The Mni Wiconi Project Act of 1988 (Public Law 100–516; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: 3C. Plans for Completing the Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water System, and Lower Brule Sioux Rural Water System (a) Plans for completion (1) In general In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. (2) Contents The plan for each water supply system described in paragraph (1) shall require— (A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; (B) the improvement, repair, and replacement of existing water systems; and (C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. (3) Submission to Congress Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— (A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; (B) a report that includes— (i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; (ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and (iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and (C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. (b) Interagency agreements (1) In general Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development— (A) to fulfill the trust responsibility of the United States; and (B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems, as set forth in the plans for completion developed under subsection (a). (2) Cooperation (A) In general The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by— (i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and (ii) constructing new rural water facilities, service lines, and other necessary features. (B) Administrator of the Environmental Protection Agency The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (C) Secretary of Health and Human Services The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the Indian Sanitation Facilities Act 42 U.S.C. 2001 et seq. (D) Secretary of Housing and Urban Development The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. (3) Livestock distribution systems (A) In general The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. (B) Administration For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. (4) Lead agency The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. (5) Administration (A) In general Each agency head shall carry out the duties of the agency head under this subsection out of amounts made available to the agency head under annual appropriations and existing authorities. (B) Authorization of use of other Federal agency funds Amounts made available to agencies other than the Bureau of Reclamation may also be used to carry out this Act. (C) Additional funding requests Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. (c) Upgrading standards for connecting homes The Director of the Bureau of Indian Affairs shall, through the use of existing programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks and drainfields, to ensure that houses within the service areas are able to meet the standards for connecting to those water systems. . 3. Authorization of appropriations (a) Planning, design, and construction Section 10(a) of the Mni Wiconi Project Act of 1988 ( Public Law 100–516 (1) in the first sentence, by striking and $58,800,000 (based on October 1, 1997 price levels) , $58,800,000 (based on October 1, 1997 price levels), and $14,308,000 (based on October 1, 2011 price levels) (2) in the second sentence, by striking 2013 2016 (3) in the third sentence, by striking and October 1, 1997 (with respect to the $58,800,000) , October 1, 1997 (with respect to the $58,800,000), and October 1, 2011 (with respect to the $14,308,000) (b) Operation and Maintenance of Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux Water Supply System Section 10(b) of the Mni Wiconi Project Act of 1988 ( Public Law 100–516 (1) in the first sentence, by striking There are (1) Operation and maintenance (A) In general There are ; (2) in the second sentence, by striking The operation (B) West River and Lyman-Jones Rural Water Systems (i) In general The operation ; (3) in the third sentence, by striking Such fee (ii) Fee basis The fee described in clause (i) ; (4) in the fourth sentence, by striking Such operation and maintenance payments (iii) Adjustment of payments The operation and maintenance payments under this subparagraph ; and (5) by adding after paragraph (1) (as so designated) the following: (2) Community water systems upgrades (A) In general After the date on which public or tribal water systems on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after the date of enactment of this paragraph, title to each of the water systems shall be transferred to the United States, to be held in trust for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. (B) Improvements and repairs and replacement The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or proposed, by request of the owner of the water system, to be transferred and improved under subparagraph (A). . 4. Offset Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h–12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act ( 43 U.S.C. 390h–13(d)(1) Passed the Senate December 16, 2014. Secretary | Mni Wiconi Project Act Amendments of 2013 |
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Transnational Drug Trafficking Act of 2013 - Amends the Controlled Substances Import and Export Act to prohibit the manufacture or distribution of a controlled substance in schedule I or II, flunitrazepam, or a listed chemical by individuals having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within 12 miles of the U.S. coast. Prohibits the manufacture or distribution of a listed chemical: (1) intending or knowing that it will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the substance will be unlawfully imported into the United States. Amends the federal criminal code to revise the prohibition against, and penalties for, intentionally trafficking in a counterfeit drug to apply to intentionally trafficking in a drug and knowingly using a counterfeit mark on or in connection with such drug. | 113 S706 ES: Transnational Drug Trafficking Act of 2013 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2nd Session S. 706 IN THE SENATE OF THE UNITED STATES AN ACT To provide the Department of Justice with additional tools to target extraterritorial drug trafficking activity, and for other purposes. 1. Short title This Act may be cited as the Transnational Drug Trafficking Act of 2013 2. Possession, manufacture or distribution for purposes of unlawful importations Section 1009 of the Controlled Substances Import and Export Act ( 21 U.S.C. 959 (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) in subsection (a), by striking It shall (b) It shall be unlawful for any person to manufacture or distribute a listed chemical— (1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States. . 3. Trafficking in counterfeit goods or services Chapter 113 (1) in section 2318(b)(2), by striking section 2320(e) section 2320(f) (2) in section 2320— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, ; (B) in subsection (b)(3), in the matter preceding subparagraph (A), by striking counterfeit drug drug that uses a counterfeit mark on or in connection with the drug (C) in subsection (f), by striking paragraph (6) and inserting the following: (6) the term drug . Passed the Senate December 15, 2014. Secretary | Transnational Drug Trafficking Act of 2013 |
Rhode Island Fishermen's Fairness Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to add Rhode Island to the Mid-Atlantic Fishery Management Council and increase Council membership from 21 to 23 members, including: (1) the principal Rhode Island official with marine fishery management responsibility, and (2) a member appointed by the Secretary of Commerce from a list of individuals submitted by the governor of Rhode Island. | 114 S1414 IS: Rhode Island Fishermen's Fairness Act U.S. Senate 2015-05-21 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. 1414 IN THE SENATE OF THE UNITED STATES May 21, 2015 Mr. Reed Mr. Whitehouse Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to add Rhode Island to the Mid-Atlantic Fishery Management Council. 1. Short title This Act may be cited as the Rhode Island Fishermen's Fairness Act 2. Addition of Rhode Island to the Mid-Atlantic Fishery Management Council Section 302(a)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1)(B) (1) by inserting Rhode Island, States of (2) by inserting Rhode Island, except North Carolina, (3) by striking 21 23 (4) by striking 13 14 | Rhode Island Fishermen's Fairness Act |
Authorized Rural Water Projects Completion Act - Title I: Reclamation Rural Water Construction and Settlement Implementation Fund - (Sec. 101) Establishes the Reclamation Rural Water Construction and Settlement Implementation Fund, which shall consist of the Rural Water Project Account, the Indian Irrigation Account, and the Reclamation Infrastructure and Settlement Implementation Account. Directs the Secretary of the Treasury to deposit into such Accounts for each of FY2014-FY2035 specified amounts of revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. Terminates the Fund on September 30, 2035, and requires the unexpended and unobligated balance to be transferred to the reclamation fund. Title II: Rural Water Projects - (Sec. 201) Permits the Secretary of the Interior (Secretary) to use specified amounts available in the Rural Water Project Account, for each of FY2014-FY2035, to complete construction of rural water projects: (1) authorized to be carried out on or before this Act's enactment date, or (2) for which a feasibility study was submitted by September 30, 2012, pursuant to the Rural Water Supply Act of 2006 and an Act of Congress after enactment of this Act has authorized construction. (Sec. 202) Prohibits the Secretary from using any amounts from the Fund to pay for operation and maintenance costs of an authorized rural water project. Prohibits the Secretary from expending any amounts from the Fund to carry out this title until development of: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as practicable and that reflect the goals and priorities identified in the laws authorizing the projects and the goals of the Reclamation Rural Water Supply Act of 2006; and (2) funding prioritization criteria to serve as a methodology for distributing funds that take into account specified factors, including an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities and the potential economic benefits of the expenditures on job creation and general economic development in such communities. Title III: Reclamation Infrastructure and Settlement Implementation - (Sec. 301) Directs the Secretary to use specified amounts authorized to be expended from the Reclamation Infrastructure and Settlement Implementation Account for each of FY2014-FY2035 to: (1) provide authorized compensation to extinguish or otherwise resolve all monetary claims of an Indian tribe against the United States relating to use of tribal land by the United States for the generation of hydropower; or (2) complete construction, planning, and design of projects and implement provisions authorized under one or more Acts of Congress that resolve litigation involving the United States and the rights of federally recognized Indian tribes to access, use, or manage water resources or that implement approved agreements pursuant to which such tribes agree to some limitation on the exercise of such rights. Title IV: Repair, Replacement, and Maintenance of Certain Indian Irrigation Projects - (Sec. 401) Directs the Secretary to establish a program to address the deferred maintenance needs of Indian irrigation projects that: (1) create risks to public or employee safety or natural or cultural resources, and (2) unduly impede the management and efficiency of the Indian irrigation program. Directs the Secretary to use or transfer to the Bureau of Indian Affairs (BIA) a specified amount from the Indian Irrigation Account for each of FY2014-FY2035 to carry out maintenance, repair, and replacement activities for projects that, on the date of this Act's enactment: (1) are owned by the federal government, as listed in the federal inventory required by Executive Order 13327; (2) are managed by BIA; and (3) have deferred maintenance documented by BIA. (Sec. 403) Conditions the expenditure of amounts from the Fund to carry out this title on the Secretary developing and submitting certain: (1) programmatic goals, including goals that would enable the completion of repairing, replacing, improving, or performing maintenance on projects as expeditiously as possible; and (2) funding prioritization criteria to serve as a methodology for distributing funds, including criteria that take into account the ability of the project to address tribal, regional, and watershed level water supply needs and the extent to which deferred maintenance of qualifying projects poses a threat to public or employee safety or health, to natural or cultural resources, or to the ability of BIA to carry out its mission in operating the project. (Sec. 404) Directs the Assistant Secretary for Indian Affairs: (1) within two years after enactment of this Act, to complete a study that evaluates options for improving programmatic and project management and performance of irrigation projects managed and operated by BIA; (2) prior to conducting such study, to consult with the Indian tribes that have jurisdiction over the land on which an eligible project is located and to solicit and consider input from the landowners served by such project; and (3) on completing such study, to submit a report describing study results, including recommendations for improving programmatic and project management and performance in each qualifying project area and for the program as a whole. (Sec. 405) Directs the Secretary, before expending funds on an Indian irrigation project under this title, to: (1) consult with the Indian tribe that has jurisdiction over the land on which the project is located, and (2) solicit and consider input from the landowners served by the project. (Sec. 406) Directs the Secretary to ensure that each eligible Indian irrigation project that has critical maintenance needs receives part of the funding under this title for each of FY2014-FY2035, with priority to projects for which funding has not been made available during the 15 years preceding enactment of this Act and subject to a specified individual project funding cap. | 113 S715 RS: Authorized Rural Water Projects Completion Act U.S. Senate 2013-04-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 393 113th CONGRESS 2d Session S. 715 [Report No. 113–167] IN THE SENATE OF THE UNITED STATES April 11, 2013 Mr. Baucus Mr. Tester Mr. Udall of New Mexico Ms. Klobuchar Mr. Franken Mr. Johnson of South Dakota Mr. Heinrich Mr. Hoeven Ms. Heitkamp Mr. Harkin Mr. Walsh Committee on Energy and Natural Resources May 22, 2014 Reported by Ms. Landrieu Strike out all after the enacting clause and insert the part printed in italic A BILL To authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes. 1. Short title This Act may be cited as the Authorized Rural Water Projects Completion Act 2. Definitions In this Act: (1) Fund The term Fund (2) Secretary The term Secretary 3. Reclamation rural water construction fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Reclamation Rural Water Construction Fund (1) such amounts as are deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to fund (1) In general For each of fiscal years 2014 through 2030, the Secretary of the Treasury shall deposit in the Fund $80,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) Availability of amounts Amounts deposited in the Fund under paragraph (1) shall— (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (3) Limitation Notwithstanding paragraphs (1) and (2), no amounts may be deposited in, or made available from, the Fund under those paragraphs if the transfer or availability of the amounts would increase the deficit. (c) Expenditures from fund (1) In general (A) Expenditures Subject to subparagraph (B), for each of fiscal years 2014 through 2035, the Secretary may expend from the Fund not more than the sum of— (i) $80,000,000; and (ii) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (B) Additional expenditures Notwithstanding subparagraph (A), the Secretary may expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if such amounts are available in the Fund due to expenditures not reaching $80,000,000 in 1 or more prior fiscal years. (2) Use (A) In general Subject to subparagraph (B), the Secretary may use amounts from the Fund to complete construction of rural water projects— (i) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which— (I) pursuant to section 106(e) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2405(e) (II) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (B) Limitation The Secretary may not use amounts from the Fund to pay for any operation and maintenance costs of an authorized rural water project. (3) Conditions The Secretary shall not expend any amounts from the Fund until the date on which the Secretary develops— (A) programmatic goals to carry out this section that— (i) would enable the completion of construction of the authorized rural water projects as expeditiously as possible; and (ii) reflect— (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. (B) funding prioritization criteria to serve as a formula for distributing funds under this section that take into account— (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (v) the ability of the authorized rural water project to address regional and watershed level water supply needs; (vi) the ability of the authorized rural water project— (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address— (I) the needs of Indian tribes and members of Indian tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. (d) Investments of amounts (1) In general The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination On September 30, 2035— (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). 1. Short title; table of contents (a) Short title This Act may be cited as the Authorized Rural Water Projects Completion Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. Reclamation rural water construction fund. Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Reclamation Rural Water Construction and Settlement Implementation Fund Sec. 101. Establishment. Sec. 102. Accounts. Sec. 103. Deposits to Fund. Sec. 104. Expenditures from Fund. Sec. 105. Investments of amounts. Sec. 106. Transfers of amounts. Sec. 107. Transferability between accounts. Sec. 108. Termination. TITLE II—Rural water projects Sec. 201. Rural water projects. Sec. 202. Restrictions. TITLE III—Reclamation infrastructure and settlement implementation Sec. 301. Reclamation infrastructure and settlement implementation. TITLE IV—Repair, replacement, and maintenance of certain Indian irrigation projects Sec. 401. Repair, replacement, and maintenance of certain Indian irrigation projects. Sec. 402. Eligible projects. Sec. 403. Requirements and conditions. Sec. 404. Study of Indian irrigation program and project management. Sec. 405. Tribal consultation and user input. Sec. 406. Allocation among projects. 2. Definitions In this Act: (1) Fund The term Fund (2) Indian tribe The term Indian tribe 25 U.S.C. 450b (3) Rural water project The term rural water project (4) Secretary The term Secretary I Reclamation Rural Water Construction and Settlement Implementation Fund 101. Establishment There is established in the Treasury of the United States a fund, to be known as the Reclamation Rural Water Construction and Settlement Implementation Fund (1) such amounts as are deposited in the Fund under section 103; and (2) any interest earned on investment of amounts in the Fund under section 105. 102. Accounts Within the Fund, there are established the following accounts: (1) Rural Water Project Account. (2) Indian Irrigation Account. (3) Reclamation Infrastructure and Settlement Implementation Account. 103. Deposits to Fund (a) In general For each of fiscal years 2014 through 2035, the Secretary of the Treasury shall deposit in the Fund $150,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), of which— (1) $80,000,000 for each of the fiscal years shall be deposited in the Rural Water Project Account established under section 102(1); (2) $35,000,000 for each of the fiscal years shall be deposited in the Indian Irrigation Account established under section 102(2); and (3) $35,000,000 for each of the fiscal years shall be deposited in the Reclamation Infrastructure and Settlement Implementation Account established under section 102(3). (b) Availability of amounts Amounts deposited in the Fund under subsection (a) shall be used, subject to appropriation, to carry out this Act. 104. Expenditures from Fund (a) In general Subject to subsection (b), for each of fiscal years 2014 through 2035, the Secretary may expend from the Fund, in accordance with this Act, not more than the sum of— (1) $150,000,000, to be allocated from the amounts in the accounts specified in section 102; and (2) the amount of interest accrued in the Fund within each account for the fiscal year in which the expenditures are made, with the interest accrued within each account used only for expenditures from that account. (b) Additional expenditures (1) In general The Secretary may expend more than $150,000,000 for any fiscal year referred to in subsection (a) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under subsection (a) in 1 or more prior fiscal years. (2) Retention in accounts Any additional amounts referred to in paragraph (1) shall— (A) be retained within the account to which the amounts were designated; (B) accrue interest for the designated account in accordance with this title; and (C) only be expended for the purposes for which expenditures from the designated accounts are authorized. 105. Investments of amounts (a) In general The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (b) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. 106. Transfers of amounts (a) In general The amounts required to be transferred to the Fund under this title shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (b) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred. 107. Transferability between accounts (a) Transferability of irrigation funds No sooner than fiscal year 2023, if the Secretary determines that there are no further deferred maintenance needs of eligible Indian irrigation projects, the Secretary may expend amounts and any interest accrued in the Indian Irrigation Account established by section 102(2) on any expenditure authorized under section 301 from the Reclamation Infrastructure and Settlement Implementation Account established by section 102(3). (b) Transferability of water settlement funds No sooner than fiscal year 2023, if the Secretary determines that there are no further needs of Indian tribes under section 301, the Secretary may expend amounts and any interest accrued in the Reclamation Infrastructure and Settlement Implementation Account established by section 102(3) on any expenditure authorized under sections 401 through 406 from the Indian Irrigation Account established by section 102(2). 108. Termination On September 30, 2035— (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). II Rural water projects 201. Rural water projects Subject to section 202, for each of fiscal years 2014 through 2035, the Secretary may use not less than $80,000,000 of the amounts available in the Rural Water Project Account established under section 102(1) to complete construction of rural water projects— (1) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (2) for which— (A) pursuant to section 106(e) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2405(e) (B) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. 202. Restrictions (a) No operation and maintenance costs The Secretary shall not use any amounts from the Fund to pay for operation and maintenance costs of an authorized rural water project. (b) Conditions The Secretary shall not expend any amounts from the Fund to carry out this title until the date on which the Secretary develops— (1) programmatic goals to carry out this title that— (A) would enable the completion of construction of the authorized rural water projects as expeditiously as practicable; and (B) reflect— (i) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (ii) the goals of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and (2) funding prioritization criteria to serve as a methodology for distributing funds under this title that take into account— (A) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (B) the status of the current stages of completion of the authorized rural water project; (C) the financial needs of the affected rural and tribal communities; (D) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (E) the ability of the authorized rural water project to address regional and watershed level water supply needs; (F) the ability of the authorized rural water project— (i) to minimize water and energy consumption; and (ii) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (G) the need for the authorized rural water project to address— (i) the needs of Indian tribes and members of Indian tribes; and (ii) other community needs or interests; and (H) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. III Reclamation infrastructure and settlement implementation 301. Reclamation infrastructure and settlement implementation Consistent with section 104, for each of fiscal years 2014 through 2035, the Secretary shall use not less than $35,000,000, plus accrued interest, of the amounts authorized to be expended from the Reclamation Infrastructure and Settlement Implementation Account established under section 102(3)— (1) to provide compensation authorized under an Act of Congress to extinguish or otherwise resolve all monetary claims of an Indian tribe against the United States relating to the continued and past use of the land of the Indian tribe by the United States for the generation of hydropower; or (2) to complete construction, planning, and design of projects and implement provisions authorized under one or more Acts of Congress that— (A) settle or otherwise resolve, in whole or in part, litigation involving the United States and the rights of one or more federally recognized Indian tribes to access, use, or manage water resources; or (B) implement agreements approved by Congress pursuant to which one or more federally recognized Indian tribes agree to some limitation on the exercise of rights or claims to access, use, or manage water resources. IV Repair, replacement, and maintenance of certain Indian irrigation projects 401. Repair, replacement, and maintenance of certain Indian irrigation projects (a) In general The Secretary shall establish a program to address the deferred maintenance needs of Indian irrigation projects that— (1) create risks to public or employee safety or natural or cultural resources; and (2) unduly impede the management and efficiency of the Indian irrigation program. (b) Funding Consistent with section 104, of the amounts authorized to be expended from the Indian Irrigation Account established under section 102(2), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $35,000,000, plus accrued interest, for each of fiscal years 2014 through 2035 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian irrigation projects described in section 402 (including any structures, facilities, equipment, or vehicles used in connection with the operation of those projects). 402. Eligible projects The projects eligible for funding under section 401(b) are the Indian irrigation projects in the western United States that, on the date of enactment of this Act— (1) are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 ( 40 U.S.C. 121 (2) are managed by the Bureau of Indian Affairs (including projects managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (3) have deferred maintenance documented by the Bureau of Indian Affairs. 403. Requirements and conditions Not later than 180 days after the date of enactment of this Act and as a precondition to amounts being expended from the Fund to carry out this title, the Secretary of the Interior, in consultation with the Assistant Secretary for Indian Affairs, the Commissioner of the Bureau of Reclamation, and representatives of affected Indian tribes, shall develop and submit to Congress— (1) programmatic goals to carry out this title that— (A) would enable the completion of repairing, replacing, improving, or performing maintenance on projects as expeditiously as possible; (B) facilitate or improve the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating a project; and (C) ensure that the results of government-to-government consultation required under section 405 be addressed; and (2) funding prioritization criteria to serve as a methodology for distributing funds under this title, that take into account— (A) the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health; (B) the extent to which deferred maintenance poses a threat to natural or cultural resources; (C) the extent to which deferred maintenance poses a threat to the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating the project; (D) the extent to which repairing, replacing, improving, or performing maintenance on a facility or structure will— (i) improve public or employee safety, health, or accessibility; (ii) assist in compliance with codes, standards, laws, or other requirements; (iii) address unmet needs; and (iv) assist in protecting natural or cultural resources; (E) the methodology of the rehabilitation priority index of the Secretary, as in effect on the date of enactment of this Act; (F) the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities; (G) the ability of the qualifying project to address tribal, regional, and watershed level water supply needs; and (H) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, consistent with tribal and user recommendations received pursuant to the consultation and input process under section 405. 404. Study of Indian irrigation program and project management (a) Tribal consultation and user input Before beginning to conduct the study required under subsection (b), the Secretary of the Interior shall— (1) consult with the Indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section 402 is located; and (2) solicit and consider the input, comments, and recommendations of the landowners served by the irrigation project. (b) Study Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall complete a study that evaluates options for improving programmatic and project management and performance of irrigation projects managed and operated in whole or in part by the Bureau of Indian Affairs. (c) Report On completion of the study under subsection (b), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall submit to the Committees on Energy and Natural Resources and Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that— (1) describes the results of the study; and (2) includes recommendations for improving programmatic and project management and performance in each qualifying project area and for the program as a whole. (d) Funding Of the amounts authorized to be expended from the Indian Irrigation Account established under section 102(2), $1,000,000 shall be made available during fiscal year 2014 to carry out this section, to remain available until expended. 405. Tribal consultation and user input Before expending funds on an Indian irrigation project pursuant to section 401, the Secretary of the Interior shall— (1) consult with the Indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section 402 is located; and (2) solicit and consider the input, comments, and recommendations of the landowners served by the irrigation project. 406. Allocation among projects (a) In general Subject to subsection (b), to the maximum extent practicable, the Secretary shall ensure that, for each of fiscal years 2014 through 2035, each Indian irrigation project eligible for funding under section 402 that has critical maintenance needs receives part of the funding under section 401 to address critical maintenance needs. (b) Priority In allocating amounts under section 401(b), in addition to considering the funding priorities described in section 403, the Secretary shall give priority to Indian irrigation projects for which funding has not been made available during the 15-year period ending on the day before the date of enactment of this Act under any other Act of Congress that expressly identifies the Indian irrigation project or the Indian reservation of the project to address the deferred maintenance, repair, or replacement needs of the Indian irrigation project. (c) Cap on Funding (1) In general Subject to paragraph (2), in allocating amounts under section 401(b), the Secretary shall allocate not more than $15,000,000 to any individual Indian irrigation project described in section 402 during any consecutive 3-year period. (2) Exception Notwithstanding the cap described in paragraph (1), if the full amount under section 401(b) cannot be fully allocated to eligible irrigation projects because the only remaining activities authorized in section 401(b) are for irrigation projects that would exceed the cap described in paragraph (1), the Secretary may allocate the remaining funds to eligible irrigation projects in accordance with this title. (d) Basis of funding Any amounts made available under this section shall be nonreimbursable. (e) Applicability of ISDEAA The Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. May 22, 2014 Reported with an amendment | Authorized Rural Water Projects Completion Act |
Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2014-FY2017. Requires the Secretary to use amounts otherwise made available for the Building Technologies Program to carry out such pilot program. | 117 S196 IS: Nonprofit Energy Efficiency Act U.S. Senate 2021-02-03 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 117th CONGRESS 1st Session S. 196 IN THE SENATE OF THE UNITED STATES February 3, 2021 Ms. Klobuchar Mr. Hoeven Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish an energy efficiency materials pilot program. 1. Short title This Act may be cited as the Nonprofit Energy Efficiency Act 2. Energy efficiency materials pilot program (a) Definitions In this section: (1) Applicant The term applicant (2) Energy-efficiency material (A) In general The term energy-efficiency material (B) Inclusions The term energy-efficiency material (i) a roof or lighting system or component of the system; (ii) a window; (iii) a door, including a security door; (iv) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system); and (v) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system. (3) Nonprofit building (A) In general The term nonprofit building section 501(c)(3) (B) Inclusions The term nonprofit building (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a faith-based organization; or (vi) any other nonresidential and noncommercial structure. (4) Secretary The term Secretary (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials. (c) Grants (1) In general The Secretary may award grants under the program established under subsection (b). (2) Application The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on— (A) the energy savings achieved; (B) the cost effectiveness of the use of energy-efficiency materials; (C) an effective plan for evaluation, measurement, and verification of energy savings; and (D) the financial need of the applicant. (4) Limitation on individual grant amount Each grant awarded under this section shall not exceed $200,000. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. | Nonprofit Energy Efficiency Act |
Kelsey Smith Act - Amends the Communications Act of 1934 to require telecommunication carriers to provide, at the request of a law enforcement agency, call location information of users of a commercial mobile service or an IP-enabled voice service (e.g., cell phones) to such agencies and other public safety agencies to respond to emergency situations. | 114 S2770 IS: Kelsey Smith Act U.S. Senate 2016-04-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 2d Session S. 2770 IN THE SENATE OF THE UNITED STATES April 11, 2016 Mr. Roberts Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to require providers of a covered service to provide call location information concerning the telecommunications device of a user of such service to an investigative or law enforcement officer in an emergency situation involving risk of death or serious physical injury or in order to respond to the user's call for emergency services. 1. Short title This Act may be cited as the Kelsey Smith Act 2. Required emergency disclosure of call location information to law enforcement Section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 (1) in subsection (d)— (A) in paragraph (4), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (C) by striking Nothing in this section (1) Permitted disclosures Nothing in this section ; and (D) by adding at the end the following: (2) Required emergency disclosure of call location information to law enforcement (A) In general Notwithstanding subsections (a), (b), and (c), at the request of an investigative or law enforcement officer, a provider of a covered service shall provide to the officer the call location information, or the best available location information, of a telecommunications device that is— (i) used to place a 9–1–1 call requesting emergency assistance; or (ii) reasonably believed to be in the possession of an individual that the officer reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual. (B) Hold harmless No cause of action shall lie in any court, nor shall any civil or administrative proceeding be commenced by a governmental entity, against a telecommunications carrier, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with subparagraph (A) and any regulations promulgated under this paragraph. ; (2) in subsection (f)(1), by striking subsection (d)(4) subsection (d)(1)(D) (3) in subsection (h), by adding at the end the following: (8) Covered service The term covered service (A) a commercial mobile service (as defined in section 332); or (B) an IP-enabled voice service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b (9) Investigative or law enforcement officer The term investigative or law enforcement officer Investigative or law enforcement officer . | Kelsey Smith Act |
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights. | 114 S774 IS: Financial Institutions Examination Fairness and Reform Act U.S. Senate 2015-03-18 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 114th CONGRESS 1st Session S. 774 IN THE SENATE OF THE UNITED STATES March 18, 2015 Mr. Moran Mr. Manchin Mr. Daines Ms. Ayotte Mr. Portman Mrs. Capito Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Financial Institutions Examination Council Act of 1978 to improve the examination of depository institutions, and for other purposes. 1. Short title This Act may be cited as the Financial Institutions Examination Fairness and Reform Act 2. Timeliness of examination reports The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. 1012. Timeliness of examination reports (a) In general (1) Final examination report A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of— (A) the exit interview for an examination of the institution; or (B) the provision of additional information by the institution relating to the examination. (2) Exit interview If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Director describing with particularity the reasons that a longer period is needed to complete the examination. (b) Examination materials Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination. . 3. Independent examination review director (a) In general The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. 1013. Office of independent examination review (a) Establishment There is established in the Council an Office of Independent Examination Review. (b) Head of office There is established the position of the Independent Examination Review Director, as the head of the Office of Independent Examination Review. The Director shall be appointed by the Federal Financial Institutions Examination Council. (c) Staffing The Director is authorized to hire staff to support the activities of the Office of Independent Examination Review. (d) Duties The Director shall— (1) receive and, at the discretion of the Director, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; (2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; (3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; (4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; (5) adjudicate any supervisory appeal initiated under section 1014; and (6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council’s recommendations for improvements in examination procedures, practices, and policies. (e) Confidentiality The Director shall keep confidential all meetings, discussions, and information provided by financial institutions. . (b) Definition Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302 (1) in paragraph (2), by striking and (2) in paragraph (3), by adding and (3) by adding at the end the following: (4) the term Director . 4. Right to independent review of material supervisory determinations The Federal Financial Institutions Examination Council Act of 1978, as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: 1014. Right to independent review of material supervisory determinations (a) In general A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. (b) Notice (1) Timing A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Director within 60 days after receiving the final report of examination that is the subject of such review. (2) Identification of determination The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. (3) Information to be provided to institution Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. (c) Right to hearing (1) In general The Director shall— (A) determine the merits of the appeal on the record; or (B) at the election of the financial institution, refer the appeal to an administrative law judge to conduct a hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which shall take place not later than 60 days after the petition for review is received by the Director. (2) Timing of decision An administrative law judge conducting a hearing under paragraph (1)(B) shall issue a proposed decision to the Director based upon the record established at the hearing. (3) Standard of review In any hearing under this subsection— (A) neither the administrative law judge nor the Director shall defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency’s decision based upon the relevant statutes, regulations, other appropriate guidance, evidence presented at the hearing. (d) Final decision A decision by the Director on an independent review under this section shall— (1) be made not later than 60 days after the record has been closed; and (2) be deemed final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. (e) Right to judicial review A financial institution shall have the right to petition for review of the decision of the Director under this section by filing a petition for review not later than 60 days after the date on which the decision is made in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. (f) Report The Director shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. (g) Retaliation prohibited A Federal financial institutions regulatory agency may not— (1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or (2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section. . 5. Additional amendments (a) Regulator appeals process, ombudsman, and alternative dispute resolution (1) In general Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4806 (A) in subsection (a), by inserting after appropriate Federal banking agency , the Bureau of Consumer Financial Protection, (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as redesignated), by striking In establishing (1) In general (iii) in paragraph (1)(B) (as redesignated), by striking the appellant from retaliation by agency examiners the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a) (iv) by adding at the end the following: (2) Retaliation For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution’s or credit union’s rights under this section. ; (C) in subsection (e)(2)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period and inserting ; and (iii) by adding at the end the following: (D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection. ; and (D) in subsection (f)(1)(A)— (i) in clause (ii), by striking ; and (ii) in clause (iii), by striking ; and (iii) by adding at the end the following: (iv) any issue specifically listed in an exam report as a matter requiring attention by the institution’s management or board of directors; and (v) any suspension or removal of an institution’s status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for a material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and . (2) Effect Nothing in this subsection affects the authority of an appropriate Federal banking agency or the National Credit Union Administration Board to take enforcement or other supervisory action. (b) Federal Credit Union Act Section 205(j) of the Federal Credit Union Act ( 12 U.S.C. 1785(j) the Bureau of Consumer Financial Protection, the Administration (c) Federal Financial Institutions Examination Council Act The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. (1) in section 1003 ( 12 U.S.C. 3302 (A) by striking paragraph (1) and inserting the following: (1) the term Federal financial institutions regulatory agencies (A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and (B) includes the Bureau of Consumer Financial Protection for purposes of sections 1012 through 1014; ; and (B) in paragraph (3), by striking the semicolon at the end and inserting a period; and (2) in section 1005 ( 12 U.S.C. 3304 One-fifth One-fourth | Financial Institutions Examination Fairness and Reform Act |
National Nursing Shortage Reform and Patient Advocacy Act - Amends the Public Health Service Act to require hospitals to implement a staffing plan that includes a minimum direct care registered nurse-to-patient ratio by unit, adjustments above the minimum ratio under appropriate circumstances, and compliance with minimum licensed practical nurse staffing requirements. Requires the Secretary of Health and Human Services (HHS) to develop a national acuity tool to establish nurse staffing requirements above minimum ratios. Directs the Secretary to adjust Medicare payments to hospitals (including hospitals operated by the Department of Veterans Affairs [VA] and long-term care hospitals) to cover additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with such ratios. Gives a nurse the right to act as the patient's advocate, including by: (1) initiating action to improve health care or to change decisions or activities that are against the interests and wishes of the patient, and (2) giving the patient an opportunity to make an informed decision about health care before it is provided. Authorizes a nurse to refuse to accept an assignment if it would violate minimum ratios under this Act or if the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the nurse's license. Prohibits a hospital from: (1) taking specified actions against a nurse based on the nurse's refusal to accept an assignment for such a reason; or (2) discriminating against any patient, employee, or any other individual for good faith complaints or grievances relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. Prohibits actions by hospitals to restrain such rights. Makes conforming amendments to titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act as well as to requirements for the VA health benefits program. Includes stipends in the nurse workforce loan repayment and scholarship program. Expands the nurse retention grant program to authorize programs to implement nurse preceptorship and mentorship projects. | 114 S864 IS: National Nursing Shortage Reform and Patient Advocacy Act U.S. Senate 2015-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 864 IN THE SENATE OF THE UNITED STATES March 25, 2015 Mrs. Boxer Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes. 1. Short title This Act may be cited as the National Nursing Shortage Reform and Patient Advocacy Act 2. Minimum direct care registered nurse staffing requirements (a) Minimum direct care registered nurse staffing requirements The Public Health Service Act 42 U.S.C. 201 et seq. XXXIV Minimum direct care registered nurse staffing requirements 3401. Minimum nurse staffing requirements (a) Staffing plan (1) In general A hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates (A) Implementation of staffing plan Subject to subparagraph (B), the requirements under paragraph (1) shall take effect not later than 1 year after the date of enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios The requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (b) Minimum direct care registered nurse-to-Patient ratios (1) In general Except as otherwise provided in this section, a hospital’s staffing plan shall provide that, at all times during each shift within a unit of the hospital, a direct care registered nurse shall be assigned to not more than the following number of patients in that unit, subject to paragraph (4): (A) One patient in trauma emergency units. (B) One patient in operating room units, provided that a minimum of 1 additional person serves as a scrub assistant in such unit. (C) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units, and burn units. (D) Three patients in emergency room units, stepdown units, pediatrics units, telemetry units, antepartum units, and combined labor, delivery, and postpartum units. (E) Four patients in medical-surgical units, intermediate care nursery units, psychiatric units, and other specialty care units. (F) Five patients in rehabilitation units, and skilled nursing units. (G) Six patients in well-baby nursery units and postpartum (3 couplets) units. (2) Units with different names The Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) to a type of hospital unit not referred to in such paragraph if such other unit provides a level of care to patients whose needs are similar to the needs of patients cared for in any unit referred to in such paragraph. (3) Restrictions (A) Prohibition against averaging A hospital shall not average the number of patients and the total number of direct care registered nurses assigned to patients in a hospital unit during any 1 shift or over any period of time for purposes of meeting the requirements under this subsection. (B) Prohibition against imposition of mandatory overtime requirements A hospital shall not impose mandatory overtime requirements to meet the hospital unit direct care registered nurse-to-patient ratios required under this subsection. (C) Relief during routine absences A hospital shall ensure that only a direct care registered nurse may relieve another direct care registered nurse during breaks, meals, and other routine, expected absences from a hospital unit. (4) Adjustment of ratios (A) In general If necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to further limit the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals and registered nurses. (5) No preemption of certain State-imposed ratios Nothing in this title shall preempt State standards that the Secretary determines to be at least equivalent to Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are at least equivalent to Federal requirements for a staffing plan established under this title. (6) Exemption in emergencies (A) In general The requirements established under this subsection shall not apply during a state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. (B) Guidance The Secretary shall issue guidance to hospitals that describes situations that constitute a state of emergency for purposes of the exemption under this paragraph. (c) Development and reevaluation of staffing plan (1) Considerations in development of plan In developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of the following factors: (A) The number of patients and acuity level of patients as determined by the application of an acuity system (as defined in section 3407(1)), on a shift-by-shift basis. (B) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (C) Specialized experience required of direct care registered nurses on a particular unit. (D) Staffing levels and services provided by licensed vocational or practical nurses, licensed psychiatric technicians, certified nurse assistants, or other ancillary staff in meeting direct patient care needs not required by a direct care registered nurse. (E) The level and quality of technology available that affects the delivery of direct patient care. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing A hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan and acuity system (A) In general A hospital shall annually evaluate— (i) its staffing plan in each unit in relation to actual patient care requirements; and (ii) the accuracy of its acuity system. (B) Update A hospital shall update its staffing plan and acuity system to the extent appropriate based on such evaluation. (4) Transparency (A) In general Any acuity-based patient classification system adopted by a hospital under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to predict nursing staffing, identifying each factor, assumption, and value used in applying such methodology. (B) Public availability The Secretary shall establish procedures to provide that the documentation submitted under subsection (e) is available for public inspection in its entirety. (5) Registered nurse participation A staffing plan of a hospital shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital or, where such nurses are represented through collective bargaining, from the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act or under the Federal Labor Relations Act. (d) Acuity tool (1) In general Not later than 2 years after the date of enactment of the National Nursing Shortage Reform and Patient Advocacy Act (2) Implementation Each hospital may adopt and implement the national acuity tool described in paragraph (1), and provide staffing based on such tool. Any additional direct care registered nursing staffing above the hospital unit direct care registered nurse-to-patient ratios described in subsection (b) shall be assigned in a manner determined by such national acuity tool. (e) Submission of plan to Secretary A hospital shall submit to the Secretary its staffing plan required under subsection (a)(1) and any annual updates under subsection (c)(3)(B). 3402. Posting, records, and audits (a) Posting requirements In each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 3401; (2) includes actual direct care registered nurse-to-patient ratios during each shift; and (3) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records (1) Maintenance of records Each hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 2 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of each direct care registered nurse assigned to each patient in each unit in each shift; and (C) a copy of each notice posted under subsection (a). (2) Availability of records Each hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (c) Audits The Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section. 3403. Minimum direct care licensed practical nurse staffing requirements (a) Establishment A hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study Not later than 1 year after the date of enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements Paragraphs (2), (4), (5)(A), and (6) of section 3401(b), section 3401(c), and section 3402 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under sections 3401 and 3402. (d) Effective date The requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act 3404. Adjustment in reimbursement (a) Medicare reimbursement The Secretary shall adjust payments made to hospitals under title XVIII of the Social Security Act (b) MedPAC report Not later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act 3405. Whistleblower and patient protections (a) Recognition of duty and right of nurses To advocate in the exclusive interest of the patient A nurse shall have the right to act as the patient’s advocate, as circumstances require, by— (1) initiating action to improve health care or to change decisions or activities, including the recommendations of health information technology tools, which, in the professional judgment of the nurse, are against the interests and wishes of the patient; and (2) giving the patient an opportunity to make informed decisions about health care before it is provided. (b) Refusal of assignment A nurse may refuse to accept an assignment as a nurse in a hospital if— (1) the assignment would violate section 3401 or 3403; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (c) Retaliation for refusal of assignment barred (1) No discharge, discrimination, or retaliation No hospital shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment (as defined in section 3407(4)), including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse based on the nurse’s refusal of a work assignment under subsection (b). (2) No filing of complaint No hospital shall file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because of the nurse’s refusal of a work assignment described in subsection (b). (d) Cause of action Any nurse who has been discharged, discriminated against, or retaliated against in violation of subsection (c)(1) or against whom a complaint has been filed in violation of subsection (c)(2) may bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (e) Complaint to Secretary (1) In general A nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (A) receive and investigate the complaint; (B) determine whether a violation of this title as alleged in the complaint has occurred; and (C) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any retaliation described in subsection (c) or subsection (g). (f) Toll-Free telephone number (1) In general The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements under section 3401 and to receive reports of violations of such section. (2) Notice to patients A hospital shall provide each patient admitted to the hospital for inpatient care with the hotline described in paragraph (1), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. (g) Protection for reporting (1) Prohibition on retaliation or discrimination A hospital shall not discriminate or retaliate in any manner against any patient, employee, or contract employee of the hospital, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. (2) Good faith defined For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (h) Prohibition on interference with rights (1) Exercise of rights It shall be unlawful for any hospital to— (A) interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this title; or (B) coerce or intimidate any person regarding the exercise or attempt to exercise such right. (2) Opposition to unlawful policies or practices It shall be unlawful for any hospital to discriminate or retaliate against any person for opposing any hospital policy, practice, or actions which are alleged to violate, breach, or fail to comply with any provision of this title. (3) Prohibition on interference with protected communications A hospital (or an individual representing a hospital) shall not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a direct care registered nurse from, or intimidates, coerces, or induces a direct care registered nurse regarding, engaging in free speech activities or disclosing information as provided under this title. (4) Prohibition on interference with collective action A hospital (or an individual representing a hospital) shall not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 (i) Notice A hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses, patients, and other individuals under this section; (2) includes a statement that a nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file a complaint under paragraph (2). (j) Effective dates (1) Refusal; retaliation; cause of action (A) In general Subsections (b) through (d) shall apply to refusals occurring on or after the effective date of the provision to which the refusal relates. (B) Exception Subsection (b)(2) shall not apply to refusals in any hospital before the requirements of section 3401(a) apply to that hospital. (2) Protections for reporting Subsection (g)(1) shall apply to actions occurring on or after the effective date of the provision to which the violation relates, except that such subsection shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of enactment of this title. (3) Notice Subsection (i) shall take effect 18 months after the date of enactment of this title. 3406. Enforcement (a) In general The Secretary shall enforce the requirements and prohibitions of this title in accordance with this section. (b) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (1) any person may file a complaint alleging that a hospital has violated a requirement or a prohibition of this title; and (2) such complaints shall be investigated by the Secretary. (c) Remedies If the Secretary determines that a hospital has violated a requirement of this title, the Secretary— (1) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and (2) may impose civil money penalties, as described in subsection (d). (d) Civil penalties (1) In general In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: (A) Hospital liability The Secretary may impose on a hospital found to be in violation of this title, a civil money penalty of not more than $25,000 for each knowing violation of a requirement of this title, except that the Secretary shall impose a civil money penalty of more than $25,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). (B) Individual liability The Secretary may impose on an individual who— (i) is employed by a hospital found by the Secretary to have violated a requirement of this title; and (ii) willfully violates this title, a civil money penalty of not more than $20,000 for each such violation. (2) Procedures The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under such section 1128A. (e) Public notice of violations (1) Internet website The Secretary shall publish on the Internet website of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this subsection, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. (2) Change of ownership With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet website after the 1-year period beginning on the date of change in ownership. (f) Offset Funds collected by the Secretary under this section shall be used to offset the costs of enforcing this title. 3407. Definitions For purposes of this title: (1) Acuity system The term acuity system (A) predicts nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required, and the complexity of clinical nursing judgment needed to design, implement, and evaluate the patient’s nursing care plan; (B) details the amount of nursing care needed, both in number of nurses and in skill mix of nursing personnel required, on a daily basis, for each patient in a nursing department or unit; (C) takes into consideration the patient care services provided not only by registered nurses but also by direct care licensed practical nurses and other health care personnel; and (D) is stated in terms that can be readily used and understood by nurses. (2) Direct care licensed practical nurse The term direct care licensed practical nurse (3) Direct care registered nurse The term direct care registered nurse (4) Employment The term employment (5) Hospital The term hospital Social Security Act (6) Nurse The term nurse (7) Staffing plan The term staffing plan (8) State of emergency The term state of emergency 3408. Rule of construction Nothing in this title shall be construed to authorize disclosure of private and confidential patient information, except in the case where such disclosure is otherwise required by law, compelled by proper legal process, consented to by the patient, provided in confidence to regulatory or accreditation agencies or other government entities for investigatory purposes, or provided pursuant to formal or informal complaints of unlawful or improper practices for purposes of achieving corrective and remedial action. . (b) Recommendations to Congress Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXXIV of the Public Health Service Act (c) Report by HRSA (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress a report regarding the relationship between nurse staffing levels and nurse retention in hospitals. (2) Updated report Not later than 5 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress an update of the report submitted under paragraph (1). 3. Enforcement of requirements through Federal programs (a) Medicare program Section 1866(a)(1) of the Social Security Act 42 U.S.C. 1395cc(a)(1) (1) by striking and (2) in subparagraph (W), as added by section 3005(1)(C) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting a comma; (3) by redesignating subparagraph (W), as added by section 6406(b)(3) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (4) in subparagraph (X), as redesignated by paragraph (3), by striking the period at the end and inserting , and (5) by inserting after subparagraph (X), as so redesignated, the following: (Y) in the case of a hospital, to be subject to the provisions of title XXXIV of the Public Health Service Act . (b) Medicaid program Section 1902(a) of the Social Security Act 42 U.S.C. 1396a(a) (1) in paragraph (80), by striking and (2) in paragraph (81), by striking the period at the end and inserting ; and (3) by inserting after paragraph (81) the following new paragraph: (82) provide that any hospital receiving payments under such plan shall be subject to the provisions of title XXXIV of the Public Health Service Act . (c) Health Benefits Program of the Department of Veterans Affairs Section 8110(a) of title 38, United States Code, is amended by adding at the end the following: (7) Subject to appropriations, the Secretary may require that a Department medical facility that is a hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. (8) Nothing either in chapter 74 of this title or in section 7106 of title 5 shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act with respect to a Department medical facility that is a hospital through grievance procedures negotiated in accordance with chapter 71 . (d) Authorization of appropriations There are authorized to be appropriated to the Secretary of Veterans Affairs, for compliance with title XXXIV of the Public Health Service Act pursuant to section 8110(a)(7) of title 38, United States Code, such sums as may be necessary for fiscal year 2016 and each subsequent fiscal year. 4. Nurse Workforce Initiative (a) Scholarship and stipend program Section 846(d) of the Public Health Service Act ( 42 U.S.C. 297n(d) (1) in the section heading, by inserting and Stipend Scholarship (2) in paragraph (1), by inserting or stipends scholarships (b) Nurse retention grants Section 831A(b) of the Public Health Service Act ( 42 U.S.C. 296p–1(b) (1) by striking Grants for Career Ladder Program Grants for Nurse Retention (2) in paragraph (2), by striking ; or (3) in paragraph (3), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (4) to provide additional support to nurses entering the workforce by implementing nursing preceptorship projects that establish a period of practical and clinical experiences and training for nursing students, newly hired nurses, and recent graduates of a direct care degree programs for registered nurses; or (5) to implement mentorship projects that assist new or transitional direct care registered nurses in adapting to the hospital setting. . | National Nursing Shortage Reform and Patient Advocacy Act |
Native American Indian Education Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to pay institutions of higher education the out-of-state tuition of their Indian students if the schools are required to provide a tuition-free education, with the support of their state, to Native American Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Limits that payment each fiscal year to the institution's total out-of-state tuition for Native American Indian students in academic year 2012-2013. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program. | 114 S1390 IS: Native American Indian Education Act U.S. Senate 2015-05-20 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 114th CONGRESS 1st Session S. 1390 IN THE SENATE OF THE UNITED STATES May 20, 2015 Mr. Gardner Mr. Bennet Committee on Health, Education, Labor, and Pensions A BILL To help provide relief to State education budgets during a recovering economy, to help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians, and for other purposes. 1. Short title This Act may be cited as the Native American Indian Education Act 2. Findings and purpose (a) Findings Congress finds the following: (1) Nontribal colleges that serve Native American Indian students have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some 4-year colleges serve Native American Indian students by providing tuition-free education, with the support of the State in which the institutions are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for colleges to a State or college. (3) The value of the Native American Indian student tuition waiver benefits contributed by these colleges and the States that support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Native American Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Native American Indian students who are residents of the State or of another State. (5) Native American Indian student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. (b) Purpose It is the purpose of this Act to ensure that Federal funding is provided in order to relieve constrained State education budgets and to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students admitted to an undergraduate college program, including the waiver of tuition charges for Native American Indian students who are not residents of the State in which the college is located. 3. State relief from Federal mandate Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. 319A. State relief from Federal higher education mandate (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 the charges for tuition for such year for all Native American Indian students who— (A) are not residents of the State in which the college is located; and (B) are enrolled in the college for the academic year ending before 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 as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation The amount paid to any eligible college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Native American Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2014–2015. (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 of Native American Indian students In this section, the term Native American Indian students Indian pupils . 4. Offset (a) In general Notwithstanding any other provision of law, $16,200,000 in appropriated discretionary funds are hereby rescinded, on a pro rata basis, by account, from all available unobligated funds. (b) Implementation The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception This section shall not apply to the unobligated funds of the Department of Defense, the Department of Veterans Affairs, or the Department of Education, or any unobligated funds available to the Department of the Interior for the postsecondary education of Native American Indian students. | Native American Indian Education Act |
President Street Station Study Act - Directs the Secretary of the Interior to conduct a special resource study of the President Street Station, a railroad terminal in Baltimore, Maryland, to evaluate the terminal's national significance and determine its feasibility for designation as a unit of the National Park System. | 114 S521 IS: President Street Station Study Act U.S. Senate 2015-02-12 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 114th CONGRESS 1st Session S. 521 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mr. Cardin Ms. Mikulski Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of President Station in Baltimore, Maryland, and for other purposes. 1. Short title This Act may be cited as the President Street Station Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area The term study area 3. Special resource study (a) Study The Secretary shall conduct a special resource study of the study area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the study area; (2) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (4) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 16 U.S.C. 1a–5 (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. | President Street Station Study Act |
Columbine-Hondo Wilderness Act - Title I: Addition to the National Wilderness Preservation System - (Sec. 101) Designates approximately 45,000 acres of specified land in Carson National Forest in New Mexico as: (1) the Columbine-Hondo Wilderness, and (2) a component of the National Wilderness Preservation System. States that Congress does not intend for the designation to create a protective perimeter or buffer zone around the Wilderness. Authorizes the grazing of livestock to continue in the wilderness if grazing was established before this Act's enactment, and if it proceeds in accordance with specified guidelines. Releases any federal land within the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by this Act from further review for designation as wilderness. (Sec. 102) Modifies the boundary of the Wheeler Peak Wilderness in New Mexico. Title II: Land Conveyances and Sales - (Sec. 201) Directs Department of Agriculture (USDA) to convey to the town of Red River, New Mexico, without consideration and by quitclaim deed, one or more of Parcels, 1, 2, 3, and 4 of federal land in Taos County, New Mexico. Subjects the conveyance to public rights-of-way through Parcels 1, 3, and 4 and an administrative right-of-way through Parcel 2 reserved by the United States. Requires the town to use Parcel 1 for a wastewater treatment plant, Parcel 2 for a cemetery, Parcel 3 for a public park, and Parcel 4 for a public road. (Sec. 202) Directs USDA to convey approximately 4.6 acres of National Forest System land to the village of Taos Ski Valley in New Mexico. Subjects the conveyance to an administrative right-of-way reserved to the United States. Directs the Village to use the land for a wastewater treatment plant. (Sec. 203) Authorizes the USDA to convey at fair market value: (1) 0.2 acres of National Forest System land in New Mexico depicted as Parcel 5 to the holder of the permit numbered,"QUE302101," and (2) 0.1 acres of National Forest System land depicted as Parcel 6 to the owner of the private property adjacent to that parcel. Requires proceeds from the sale to be deposited in the Sisk Act fund. | 113 S776 RS: Columbine-Hondo Wilderness Act U.S. Senate 2013-04-22 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 Calendar No. 631 113th CONGRESS 2d Session S. 776 [Report No. 113–291] IN THE SENATE OF THE UNITED STATES April 22, 2013 Mr. Udall of New Mexico Mr. Heinrich Committee on Energy and Natural Resources December 10, 2014 Reported by Ms. Landrieu Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Columbine-Hondo Wilderness in the State of New Mexico, to provide for the conveyance of certain parcels of National Forest System land in the State, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Columbine-Hondo Wilderness Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Addition to the National Wilderness Preservation System Sec. 101. Designation of the Columbine-Hondo Wilderness. Sec. 102. Wheeler Peak Wilderness boundary modification. Sec. 103. Authorization of appropriations. TITLE II—Land conveyances and sales Sec. 201. Town of Red River land conveyance. Sec. 202. Village of Taos Ski Valley land conveyance. Sec. 203. Authorization of sale of certain National Forest System land. 2. Definitions In this Act: (1) Red River Conveyance Map The term Red River Conveyance Map Town of Red River Town Site Act Proposal (2) Secretary The term Secretary (3) State The term State (4) Town The term Town (5) Village The term Village (6) Wilderness The term Wilderness (7) Wilderness map The term Wilderness Map Columbine-Hondo, Wheeler Peak Wilderness I Addition to the National Wilderness Preservation System 101. Designation of the Columbine-Hondo Wilderness (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Columbine-Hondo Wilderness (b) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (c) Incorporation of acquired land and interests in land Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall— (1) become part of the Wilderness; and (2) be managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) this section; and (C) any other applicable laws. (d) Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). (e) Columbine-Hondo wilderness study area (1) Finding Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 (2) Applicability The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96–550 16 U.S.C. 1132 (f) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. (2) Force of law The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (g) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones in which, and establish periods during which, hunting or fishing shall not be allowed for reasons of public safety, administration, the protection for nongame species and associated habitats, or public use and enjoyment. (h) Withdrawals Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 102. Wheeler Peak Wilderness boundary modification (a) In general The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. (b) Withdrawal Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 103. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title. II Land conveyances and sales 201. Town of Red River land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcels of Federal land referred to in subsection (a) are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as Parcel 1 Parcel 2 Parcel 3 Parcel 4 (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) public rights-of-way through Parcel 1 Parcel 3 Parcel 4 (3) an administrative right-of-way through Parcel 2 (4) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Town shall use— (1) Parcel 1 (2) Parcel 2 (3) Parcel 3 (4) Parcel 4 (e) Reversion In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d). (f) Survey; Administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. 202. Village of Taos Ski Valley land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcel of Federal land referred to in subsection (a) is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as Parcel 1 Village of Taos Ski Valley Town Site Act Proposal (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and (3) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant. (e) Reversion In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d). (f) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. 203. Authorization of sale of certain National Forest System land (a) In general Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey— (1) to the holder of the permit numbered QUE302101 Parcel 5 (2) to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as Parcel 6 (b) Disposition of proceeds Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 Sisk Act 16 U.S.C. 484a (2) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Carson National Forest. (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; and (2) such additional terms and conditions as the Secretary may require. (d) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable. 1. Short title; table of contents (a) Short title This Act may be cited as the Columbine-Hondo Wilderness Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Addition to the National Wilderness Preservation System Sec. 101. Designation of the Columbine-Hondo Wilderness. Sec. 102. Wheeler Peak Wilderness boundary modification. TITLE II—Land conveyances and sales Sec. 201. Town of Red River land conveyance. Sec. 202. Village of Taos Ski Valley land conveyance. Sec. 203. Authorization of sale of certain National Forest System land. 2. Definitions In this Act: (1) Red River Conveyance Map The term Red River Conveyance Map Town of Red River Town Site Act Proposal (2) Secretary The term Secretary (3) State The term State (4) Town The term Town (5) Village The term Village (6) Wilderness The term Wilderness (7) Wilderness map The term Wilderness Map Columbine-Hondo, Wheeler Peak Wilderness I Addition to the National Wilderness Preservation System 101. Designation of the Columbine-Hondo Wilderness (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Columbine-Hondo Wilderness (b) Management (1) In general Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Adjacent management (A) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (c) Incorporation of acquired land and interests in land Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall— (1) become part of the Wilderness; and (2) be managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) this section; and (C) any other applicable laws. (d) Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). (e) Columbine-Hondo wilderness study area (1) Finding Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 (2) Applicability The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96–550 16 U.S.C. 1132 (f) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. (2) Force of law The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (g) Fish and wildlife (1) In general Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1). (h) Withdrawals Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 102. Wheeler Peak Wilderness boundary modification (a) In general The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. (b) Withdrawal Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. II Land conveyances and sales 201. Town of Red River land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcels of Federal land referred to in subsection (a) are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as Parcel 1 Parcel 2 Parcel 3 Parcel 4 (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) public rights-of-way through Parcel 1 Parcel 3 Parcel 4 (3) an administrative right-of-way through Parcel 2 (4) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Town shall use— (1) Parcel 1 (2) Parcel 2 (3) Parcel 3 (4) Parcel 4 (e) Reversion In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d). (f) Survey; Administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. 202. Village of Taos Ski Valley land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcel of Federal land referred to in subsection (a) is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as Parcel 1 Village of Taos Ski Valley Town Site Act Proposal (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and (3) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant. (e) Reversion In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d). (f) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. 203. Authorization of sale of certain National Forest System land (a) In general Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey— (1) to the holder of the permit numbered QUE302101 Parcel 5 (2) to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as Parcel 6 (b) Disposition of proceeds Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 Sisk Act 16 U.S.C. 484a (2) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in Region 3 of the Forest Service. (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; and (2) such additional terms and conditions as the Secretary may require. (d) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable. December 10, 2014 Reported with an amendment | Columbine-Hondo Wilderness Act |
Gettysburg National Military Park Expansion Act - Requires the inclusion in Gettysburg National Military Park of the Gettysburg Train Station and the property that is adjacent to Plum Run in Cumberland Township, Pennsylvania. Permits the Secretary of the Interior to acquire such properties only: (1) by donation, or (2) by purchase from a willing seller if efforts to acquire such property without cost have been exhausted. | 101 S782 RS: Gettysburg National Military Park Expansion Act U.S. Senate 2013-04-23 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. 394 113th CONGRESS 2d Session S. 782 [Report No. 113–168] IN THE SENATE OF THE UNITED STATES April 23, 2013 Mr. Casey Mr. Toomey Mr. King Committee on Energy and Natural Resources May 22, 2014 Reported by Ms. Landrieu Omit the part struck through and insert the part printed in italic A BILL To amend Public Law 101–377 1. Short title This Act may be cited as the Gettysburg National Military Park Expansion Act 2. Gettysburg National Military Park expansion (a) Gettysburg National Military Park boundary revision Section 1 of Public Law 101–377 (d) Additional land In addition to the land described in subsections (a) and (b), the park shall include— (1) the property commonly known as the Gettysburg Train Station (A) located in the Borough of Gettysburg; and (B) depicted on the map entitled Gettysburg National Military Park, Proposed Boundary (2) the property that is— (A) located adjacent to Plum Run in Cumberland Township; and (B) depicted on the map entitled Gettysburg National Military Park, Proposed Boundary Addition . (b) Acquisition and disposal of land Section 2(a) of Public Law 101–377 16 U.S.C. 430g–5(a) (1) by striking The Secretary (1) In general The Secretary ; and (2) by adding at the end the following: (2) Acquisition of publicly owned land (A) In general Subject to subparagraph (B), the Secretary may acquire only by purchase from a willing seller publicly owned property that is located within the property described in section 1(d)(1) if the Secretary determines that efforts to acquire the property without cost have been exhausted. (B) Eminent domain The Secretary may not acquire by eminent domain property that is located within the property described in section 1(d)(1). . 2. Gettysburg national military park expansion (a) Boundary revision Section 1(b) of Public Law 101–377 16 U.S.C. 430g–4(b) (1) by striking include the (1) the ; (2) at the end of paragraph (1) (as designated by paragraph (1)), by striking the period and inserting ; and (3) by adding at the end the following: (2) the properties depicted as Proposed Addition Gettysburg National Military Park Proposed Boundary Addition (A) the property commonly known as the Gettysburg Train Station (B) the property located adjacent to Plum Run in Cumberland Township. . (b) Acquisition of land Section 2(a) of Public Law 101–377 16 U.S.C. 430g–5(a) (1) in the first sentence, by striking "The Secretary" and inserting the following: (1) Authority to acquire land The Secretary ; (2) in the second sentence, by striking In acquiring (2) Minimum Federal interests In acquiring ; and (3) by adding at the end the following: (3) Methods of acquisition for certain land Notwithstanding paragraph (1), the Secretary may acquire the properties added to the park by section 1(b)(2) only— (A) by donation; or (B) if the Secretary determines that efforts to acquire the properties without cost have been exhausted, by purchase from a willing seller. . May 22, 2014 Reported with an amendment | Gettysburg National Military Park Expansion Act |
Master Limited Partnerships Parity Act - Amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships to include income and gains from renewable and alternative fuels (in addition to fossil fuels), including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage. | 114 S1656 IS: Master Limited Partnerships Parity Act U.S. Senate 2015-06-24 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. 1656 IN THE SENATE OF THE UNITED STATES June 24, 2015 Mr. Coons Mr. Moran Ms. Murkowski Ms. Stabenow Ms. Collins Mr. Bennet Mr. Gardner Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend the publicly traded partnership ownership structure to energy power generation projects and transportation fuels, and for other purposes. 1. Short title This Act may be cited as the Master Limited Partnerships Parity Act 2. Extension of publicly traded partnership ownership structure to energy power generation projects, transportation fuels, and related energy activities (a) In general Subparagraph (E) of section 7704(d)(1) (1) by striking income and gains derived from the exploration income and gains derived from the following: (i) Minerals, natural resources, etc The exploration , (2) by inserting or industrial source (3) by inserting a period after carbon dioxide (4) by striking , or the transportation or storage (ii) Renewable energy The generation of electric power (including the leasing of tangible personal property used for such generation) exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. (iii) Electricity storage devices The receipt and sale of electric power that has been stored in a device directly connected to the grid. (iv) Combined heat and power The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). (v) Renewable thermal energy The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). (vi) Waste heat to power The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6341(5) Master Limited Partnerships Parity Act (vii) Renewable fuel infrastructure The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. (viii) Renewable fuels The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(J) Master Limited Partnerships Parity Act (ix) Renewable chemicals The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph (6)). (x) Energy efficient buildings The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). (xi) Gasification with sequestration The production of any product or the generation of electric power from a project that meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1) and that separates and sequesters in secure geological storage (as determined under section 45Q(d)(2)) at least 75 percent of such project's total qualified carbon dioxide (as defined in section 45Q(b)). (xii) Carbon capture and sequestration (I) Power generation facilities The generation or storage of electric power (including associated income from the sale or marketing of energy, capacity, resource adequacy, and ancillary services) produced from any power generation facility which is, or from any power generation unit within, a qualified facility described in section 45Q(c) which— (aa) in the case of a power generation facility or power generation unit placed in service after January 8, 2013, captures 50 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)), and (bb) in the case of a power generation facility or power generation unit placed in service before January 9, 2013, captures 30 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)). (II) Other facilities The sale of any good or service from any facility (other than a power generation facility) which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide (as so defined) of which is disposed of in secure geological storage (as determined under section 45Q(d)(2)). . (b) Renewable chemical (1) In general Section 7704(d) of such Code is amended by adding at the end the following new paragraph: (6) Qualifying renewable chemical (A) In general The term qualifying renewable chemical (i) which is produced by the taxpayer in the United States or in a territory or possession of the United States, (ii) which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass (as defined in section 9001(12) of the Farm Security and Rural Investment Act of 2002), (iii) the biobased content of which is 95 percent or higher, (iv) which is sold or used by the taxpayer— (I) for the production of chemical products, polymers, plastics, or formulated products, or (II) as chemicals, polymers, plastics, or formulated products, (v) which is not sold or used for the production of any food, feed, or fuel, and (vi) which is— (I) acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, aromatics, 1,4-butanediol, iso-butanol, n-butanol, carboxylic acids, cellulosic sugar, diethyl methylene malonate, ethyl acetate, farnesene, gamma-butyrolactone, glucaric acid, hexamethylenediamine, 3-hydroxy propionic acid, C10 hydrocarbons, isoprene, itaconic acid, ketals, levulinic acid, olefins, polyhydroxyalkonate, polylactic acid, polyitaconic acid, polyols from vegetable oils, poly(xylitan levulinate ketal), 1,3-propanediol, 1,2-propanediol, succinic acid, terpenes, thiols, or p (II) any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. (B) Biobased content For purposes of subparagraph (A)(iii), the term biobased content percentage . (2) List of other qualifying renewable chemicals Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date. | Master Limited Partnerships Parity Act |
Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter. | 114 S511 IS: Genetically Engineered Food Right-to-Know Act U.S. Senate 2015-02-12 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 114th CONGRESS 1st Session S. 511 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mrs. Boxer Mr. Leahy Mr. Sanders Mr. Blumenthal Mrs. Feinstein Mr. Murphy Mr. Merkley Ms. Mikulski Mr. Reed Mrs. Shaheen Mr. Heinrich Ms. Warren Mr. Tester Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to require that genetically engineered food and foods that contain genetically engineered ingredients be labeled accordingly. 1. Short title This Act may be cited as the Genetically Engineered Food Right-to-Know Act 2. Purpose and findings (a) Purpose The purposes of this Act are to— (1) establish a consistent and enforceable standard for labeling of foods produced using genetic engineering, thereby providing consumers with knowledge of how their food is produced; and (2) prevent consumer confusion and deception by prohibiting the labeling of products produced from genetic engineering as natural (b) Findings Congress finds that— (1) the process of genetically engineering food organisms results in material changes and the fact that foods are genetically engineered is of material importance to consumers; (2) the Food and Drug Administration requires the labeling of more than 3,000 ingredients, additives, and processes; (3) individuals in the United States have a right to know if their food was produced with genetic engineering for a variety of reasons, including health, economic, environmental, religious, and ethical; (4) more than 60 countries, including the United Kingdom and all other countries of the European Union, South Korea, Japan, Brazil, Australia, India, China, and other key United States trading partners have laws or regulations mandating disclosure of genetically engineered food on food labels; (5) in 2011, Codex Alimentarius, the food standards organization of the United Nations, adopted a text that indicates that governments can decide on whether and how to label foods produced with genetic engineering; (6) mandatory identification of food produced with genetic engineering can be a critical method of preserving the economic value of exports or domestically sensitive markets with labeling requirements for genetically engineered foods; and (7) the cultivation of genetically engineered crops can have adverse effects on the environment in the form of cross-pollination of native plants, increased herbicide usage, and impacts on non-target and beneficial organisms, including the Monarch butterfly. 3. Amendments to the Federal Food, Drug, and Cosmetic Act (a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) (1) If it is a food that has been genetically engineered or contains 1 or more genetically engineered ingredients, unless the ingredients label clearly states that the food has been genetically engineered or identifies any genetically engineered ingredients, as applicable. (2) This paragraph does not apply to food that— (A) is served in restaurants or other similar eating establishments, such as cafeterias and carryouts; (B) is a medical food (as defined in section 5(b) of the Orphan Drug Act); (C) would be subject to this paragraph solely because it was produced using a genetically engineered vaccine or drug; (D) is a food or processed food that would be subject to this paragraph solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme; or (E) is a packaged food consisting of materials produced through genetic engineering that do not account for more than nine-tenths of 1 percent of the total weight of the packaged food. (3) In this paragraph and in paragraph (aa): (A) The term genetic engineering (i) involving the application of in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; (ii) involving the application of fusion of cells beyond the taxonomic family; or (iii) that overcomes natural physiological, reproductive, or recombinant barriers and that is not a process used in traditional breeding and selection. (B) The term genetically engineered (i) an organism that is produced through the intentional use of genetic engineering; or (ii) the progeny of intended sexual or asexual reproduction (or both) of 1 or more organisms that is the product of genetic engineering. (C) The term genetically engineered ingredient (i) the altered molecular or cellular characteristics of the organism are detectable in the material; and (ii) the organism is capable for use as human food. . (b) Restrictions on the term natural Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (aa) If it is a food intended for human consumption that has been produced using genetic engineering or that contains one or more genetically engineered ingredients and it bears a label, or for which there is signage or advertising, containing a claim that the food is natural naturally made naturally grown all natural . (c) Guaranty (1) In general Section 303(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(d) (A) by striking (d) (d)(1) (B) by adding at the end the following: (2) (A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of paragraph (z) or (aa) of section 403 if such person (referred to in this paragraph as the recipient (i) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received in good faith the food (including the receipt of seeds to grow raw agricultural commodities); and (ii) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. (B) In the case of a recipient who, with respect to a food, establishes a guaranty or undertaking in accordance with subparagraph (A), the exclusion under such subparagraph from being subject to penalties applies to the recipient without regard to the manner in which the recipient uses the food, including whether the recipient is— (i) processing the food; (ii) using the food as an ingredient in a food product; (iii) repacking the food; or (iv) growing, raising, or otherwise producing the food. (C) No person may avoid responsibility or liability for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of paragraph (z) or (aa) of section 403 by entering into a contract or other agreement that specifies that another person shall bear such responsibility or liability, except that a recipient may require a guaranty or undertaking as described in this subsection. (D) For purposes of this Act, food will be considered not to have been produced with the knowing or intentional use of genetic engineering if— (i) such food is lawfully certified to be labeled, marketed, and offered for sale as organic (ii) an independent organization has determined that the food has not been knowingly or intentionally genetically engineered and has been segregated from, and not knowingly or intentionally commingled with, foods that may have been genetically engineered at any time, if such a determination has been made pursuant to a sampling and testing procedure that— (I) is consistent with sampling and testing principles recommended by internationally recognized standards organizations; and (II) does not rely on testing processed foods in which no DNA is detectable. (E) In this subsection, the terms genetically engineered genetically engineered ingredient . (2) False guaranty Section 301(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(h) or 303(d)(2) section 303(c)(2) (d) Unintended contamination Section 303(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(d) (3) (A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of section 403(z) if— (i) such person is an agricultural producer and the violation occurs because food that is grown, raised, or otherwise produced by such producer, which food does not contain a genetically engineered material and was not produced with a genetically engineered material, is contaminated with a food that contains a genetically engineered material or was produced with a genetically engineered material; and (ii) such contamination is not intended by the agricultural producer. (B) Subparagraph (A) does not apply to an agricultural producer to the extent that the contamination occurs as a result of the negligence of the producer. . (e) Promulgation of regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate proposed regulations establishing labeling requirements for compliance in accordance with section 403(z) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). | Genetically Engineered Food Right-to-Know Act |
Default Prevention Act - Requires the following to be granted priority over all other federally incurred obligations in the event that the public debt reaches the statutory limit: (1) the authority of the Department of the Treasury to pay with legal tender the principal and interest on debt held by the public; (2) the full payment of compensation, allowances, and benefits for members of the Armed Forces on active duty, (3) the authority of the Commissioner of Social Security to pay monthly Old Age, Survivors and Disability Insurance benefits under title II of the Social Security Act (SSA); and (4) the authority of the Secretary of Health and Human Services (HHS) to make payments for items and services furnished to beneficiaries under SSA title XVIII (Medicare) and related provisions. | 114 S2181 PCS: Default Prevention Act U.S. Senate 2015-10-19 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 Calendar No. 273 114th CONGRESS 1st Session S. 2181 IN THE SENATE OF THE UNITED STATES October 19, 2015 Mr. Paul October 20, 2015 Read the second time and placed on the calendar A BILL To provide guidance and priorities for Federal Government obligations in the event that the debt limit is reached. 1. Short title This Act may be cited as the Default Prevention Act 2. Prioritizing obligations In the event that the debt of the Government of the United States reaches the statutory limit under section 3101 of title 31, United States Code, the following expenditures shall be granted priority over all other obligations incurred by the Government of the United States: (1) The authority of the Department of Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) The full payment of compensation, allowances, and benefits for members of the Armed Forces on active duty. (3) The authority of the Commissioner of Social Security to pay monthly old-age survivors’ and disability insurance benefits under title II of the Social Security Act. (4) The authority of the Secretary of Health and Human Services to make payments for items and services furnished to beneficiaries under the Medicare program under title XVIII of the Social Security Act and related provisions. October 20, 2015 Read the second time and placed on the calendar | Default Prevention Act |